What Causes Pedestrian Accidents?
The reason our cities have so many precautions in place—crosswalks, stop signs, stop lights, crossing guards, etc.—is because being hit by a car while walking can have devastating consequences. If this unfortunate tragedy has happened to you or someone you love, you may be looking for a pedestrian accident attorney to explain to you what comes next. As an injury law firm with over 40 years of experience, we would be honored to guide you through this difficult time and help you understand your options. If you are entitled to recovery, we are determined to help you hold the driver accountable for the harm they've caused you.
Dallas-Fort Worth Pedestrians hit by cars are generally victims of drivers violating the Texas Transportation Code and/or the Texas Penal Code. Violations of this code include: failure to yield the right of way to people walking across the street; failure to stop for stop signs; failure to stop at red lights; crossing a roadway or intersection improperly; driving under the influence of alcohol; driving while intoxicated; driving with poor visibility; and others. If a driver drives their car into someone while they're crossing the street—for example—it may be the case that the driver has committed an act of negligence. Negligence gives rise to a civil cause of action, and it may enable you to fight for compensation for your medical bills, your lost range of motion, your pain and mental anguish, and other damages that stem from the incident.
At The Scene Of The Incident
As a DFW injury attorney will tell you, serious injuries often take time to show themselves. Because this is the case, a minor pain at the time of the injury may actually turn out to be quite serious after a few days. Because this is the case, the first thing you should do is make sure that you and those involved are okay, and you should contact medical help if necessary.
Additionally, you should call the police. When the police come to a scene, they will generally create a crash report. If you have the reporting officer create a crash report, this ensures that a reliable record of the incident is taken down, and it helps prevent a possible he-said-she-said debacle. You should also get the names and contact information for any witnesses who saw the incident. When a pedestrian accident lawyer has you into his or her office to discuss what happened, providing them with as much information as possible increases your likelihood of recovering the full compensation you are owed. When you have done all that you could to document the scene of the incident, this puts you and your personal injury attorney in the strongest position possible.
On this note, you will want to make sure that you get the driver's name, contact information, write down the vehicle information (i.e., make, model, and license plate number), and the driver's insurance information. Even though a pedestrian accident is not like a typical car wreck, you will still want to make sure you get the driver's insurance—you may need to file a claim if your injuries are severe.
Negligence in Pedestrian Accidents
One of the first things a pedestrian accident lawyer should tell you is that negligence claims are comprised of four elements: (1) duty; (2) breach of duty; (3) causation; and (4) damages. First, Texas drivers don't only owe a duty of care to other drivers on the road, but they also owe a duty of care to pedestrians at crosswalks, shoppers in parking lots, and people walking in other areas where drivers should be aware to look out for public safety. If you were walking in an area where a driver should have been conscious of his duty to protect your safety as a pedestrian, then it is likely that this first element—the existence of a duty of care—is met in your case. Second, you will need to show that it was that driver's breach of that duty that was the cause of your injuries.
The third and fourth elements—causation and damages—mean that the driver's negligence needs to have been the force that caused your legitimate damages. There are some legal complexities to these two issues, and it is a good idea to talk with a Texas injury attorney to understand exactly what needs to be shown and how with regard to pedestrian injuries in Texas.
Call Us For A Free Consult
If you or a loved one has had the horrifying experience of being struck by a vehicle while walking or innocently standing on a sidewalk, and if you're trying to figure out how to hold the driver accountable—you need a Texas personal injury lawyer. We here at the Glenn Law Firm would be honored to take your call and provide you with a free consultation. We can help you understand your legal options and provide you with a free case analysis. Fill out our online form on this website or give us a call at (817) 424-5999.