Pedestrian accidents can happen anywhere: in a supermarket parking lot, on a college campus, by a neighborhood park, or at the juncture of a road and a jogging trail. Pedestrians are especially vulnerable to serious injuries when a car, truck, or commercial vehicle fails to obey traffic laws. Unfortunately, many drivers seem to be unaware of these laws. But the lawyers at Ted Lyon Law are aware of them, and it will be critical to proving who was negligent in causing the injury or death of a pedestrian.
Our personal injury attorneys have extensive experience investigating motor vehicle accident cases. When needed, we work with accident investigators and accident reconstruction experts to understand all of the elements of a collision. Our firm has a proven track record, with more than 50 years of successful verdicts and settlements. Ted Lyon is a relentless fighter for the rights of his clients. Call 877-833-5966 for a free initial consultation with an experienced Dallas pedestrian accident lawyer. We serve clients in Dallas and communities all across Texas.
How Do We Determine Fault in a Pedestrian Injury Case?
Under Texas law, both walkers and drivers have a responsibility to avoid pedestrian-car collisions, and both could be partly at fault. Our pedestrian accident lawyer in Dallas will talk to witnesses and look for video evidence of violations of traffic laws. According to the Texas Transportation Code:
- Pedestrians have the right of way at a 4-way stop with a painted—or unpainted—crosswalk. An unpainted crosswalk is called an “implied” crosswalk and includes T-intersections and stop sign intersections.
- When a vehicle stops at a crosswalk, they are to stop before the crosswalk, not in it.
- Even if the driver is making a right or left-hand turn, they must yield the crosswalk space to pedestrians.
- Pedestrians have the right of way on painted crosswalks at non-intersections.
- If a vehicle is stopped at a crosswalk, another vehicle approaching from behind is not allowed to zoom past them.
- Pedestrians have the right of way when walking at the end of alleys or driveways.
There are some rules pedestrians may not know, although they are common sense. Pedestrians may not enter an intersection—even though they have the right of way—if cars approaching the intersection don’t have time to stop. Pedestrians must obey traffic signs and traffic laws. Pedestrians are not allowed to walk in the road if there is an adjacent, accessible sidewalk. If walking on a road or on the shoulder of a road, pedestrians are to walk facing oncoming traffic.
What About Jaywalking? Is the Pedestrian Partially at Fault?
Jaywalking is illegal in Texas, although the law is not frequently enforced, especially in rural areas. But it can come into play when determining fault in pedestrian-vehicle accident cases. That’s why it’s so important to work with an experienced pedestrian accident attorney in Dallas.
In personal injury cases, the judge will look at comparative negligence—who was more or less at fault. The amount of damages you are entitled to could be reduced if you are found to be partly at fault for causing the accident or worsening your injuries. A judge or jury will determine who was more at fault in causing the accident.
What If the Driver Left the Scene?
Drivers are legally required to stop if they are involved in a collision where there could be injuries. If they fail to do so, it’s a hit-and-run accident. We may be able to help you get compensation from your own vehicle insurance company.
What is a Full and Fair Financial Recovery?
Your Dallas pedestrian accident attorney will work hard to find out who caused the accident and what resources are available to pay medical bills. An injured pedestrian typically has expenses related to:
- Ambulance services and emergency care,
- Surgery,
- Hospitalization costs
- Ongoing physical and occupational therapy,
- Medical equipment and medication
All of these expenses should be covered in the settlement you receive, as well as:
- Pain and suffering
- Lost wages from time off work
- Future medical bills for the same injury
- Future loss of income if the injured person cannot go back to their job
If your loved one died as a result of the collision, your attorney will help you file a wrongful death claim, which not only covers medical costs and loss of income, but also the loss of services and companionship.
Call for a Free Consultation with a Dallas Pedestrian Accident Attorney
Schedule a free initial consultation to discuss your case: 877-Ted-Lyon (833-5966) or contact us online. We handle all personal injury cases on a contingency fee basis. That means we only earn a legal fee if we win your case. Home and hospital consultations are available if you are unable to visit our office.
Learn more about our firm and Dallas pedestrian accident lawyers. Our firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.
