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With a population of about 1.3 million and over 2 million registered vehicles, Dallas is a particularly dangerous city for pedestrians. In an instant, an innocent pedestrian walking across the street can forever have their life altered. No matter what precautions are taken, a pedestrian is no match for a fast-moving and heavy vehicle.
When an accident occurs, there may be a temptation for victims to accept any offer provided to them by the motorist’s insurance company. However, pedestrians should be aware that the compensation they receive could be a primary source of income for years given the nature of the injuries causing lost wages or inability to move.
If you or a friend or family member has been injured as a pedestrian due to the negligence of a motorist, don’t let insurance companies take advantage of you and treat you unfairly. At Mathias Raphael PLLC Accident & Injury Lawyers, we’ll make sure you get the compensation you deserve. Contact our Dallas pedestrian accident attorney for your free evaluation today.
With a city as large as Dallas, public transportation can be time-consuming and inconvenient. That is why the majority of families own at least two motor vehicles. In a city with as many vehicles as Dallas, pedestrians are especially susceptible to severe accidents.
Unlike in densely populated cities, Dallas residents rarely encounter pedestrians while driving. As a result, many drivers relax their guard and fail to look for pedestrians. Some areas of Dallas, such as the Uptown neighborhood, may have numerous well-lit or marked crosswalks. Other communities do not. Nonetheless, drivers throughout the Metroplex are held to the same standard: they must drive safely and keep an eye out for pedestrians. Furthermore, new studies show that both drivers and pedestrians are more distracted than ever before, owing primarily to the use of technologies such as cell phones, headphones, and social media while traveling.
There are many laws that apply under the Texas Transportation Code and municipal ordinances that govern motorists and pedestrians. According to the Texas Transportation Code, drivers must yield to pedestrians in the following situations:
Dallas and its surrounding cities are blessed with a number of social gathering places and events, such as sporting events, plays, bars, restaurants, operas, movies, parks, and other entertainment venues. Unfortunately, pedestrians in Dallas must be especially wary of reckless drivers.
Dallas is a fault state. In an at-fault insurance system, a person who brings a claim against a motorist must prove that the motorist was the party to blame in the accident. Some of the more common causes of pedestrian accidents in Dallas include:
Drivers are frequently to blame for pedestrian accidents in Dallas. To hold someone accountable for your pedestrian accident, the plaintiff must demonstrate that the accident would not have occurred if the defendant had not acted or omitted. This element, known as causation, requires plaintiff’s to meet the burden of proof in a pedestrian accident claim with clear and convincing evidence.
Pedestrians may not always have the right of way in traffic, according to Texas state law. Determining liability is frequently a difficult and complicated process. Drivers are accountable for driving with reasonable care and are expected not to be distracted, speed, fail to follow traffic laws, and observe children safety zones.
Accidents with pedestrians fall under an area of tort law. Tort law defines who is responsible in areas of civil liability. Pedestrian accidents commonly are brought under a specific theory under tort law known as negligence. A defendant is found to be negligent if they fail to exercise a reasonable standard of care given the circumstances.
If the defendant owes a duty to the plaintiff and fails to exhibit the reasonable standard of care, the next requirement the plaintiff must prove is that the defendant’s lack of care actually caused the plaintiff’s injury. The test is proving causation is known as the but-for test. If all of these elements are met, the plaintiff must lastly prove that the defendant’s actions were the proximate cause and that the injuries were those where damages can be recovered.
As mentioned above, recoverable damages are the final element to prove in a negligence case. Plaintiff’s in a pedestrian accident can incur massive costs due to medical bills, lost wages, travel costs to receive medical care and therapy, and other expenses. Intangible losses include pain and suffering, mental anguish, and other damages that demonstrate the reduced quality of life, such as physical impairment, disfigurement, and scarring, as well as wrongful death, in which victims or their families can receive compensation for damages.
Medical bills are often the most pressing concern for our clients who have been injured in a pedestrian accident. Because you can recover for past, present, and future medical costs, it is critical to carefully document the medical care and treatments you have already received and accurately estimate the care you will require in the future to claim damages.
Pedestrians are too often innocent bystanders to negligent motorists. At Mathias Raphael PLLC Accident & Injury Lawyers, we believe in defending the most vulnerable members of our society. Our Dallas pedestrian accident attorneys will get the justice you deserve.
Contact us today for your free consultation.
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