Pedestrian accidents can be devastating, leaving victims with physical injuries and emotional scars that can last a lifetime. Not to mention, the financial losses related to medical bills and lost wages. If you have been injured or lost a loved one in a pedestrian accident in Fort Worth or the surrounding area, it’s important to know your rights and to understand the legal process for obtaining compensation due to another person’s negligence.
In this article, we’ll cover the basics of pedestrian accidents, the steps you should take after an accident, and what to look for in a Fort Worth pedestrian accident lawyer. We also answer some frequently asked questions about pursuing an insurance or personal injury claim with our law firm.
What is a Pedestrian Accident?
A pedestrian accident is a type of personal injury that occurs when a pedestrian – that is, someone who is on foot – is hit by a vehicle. This is also sometimes referred to as an auto-pedestrian accident. This can include cars, trucks, motorcycles, and even bicycles. Pedestrian accidents can be caused by a variety of factors, including driver negligence, vehicle malfunctions and unsafe crosswalks.
How Common are Pedestrian Accidents in Texas?
In 2021, there were 5366 crashes involving pedestrians in Texas – resulting in 841 deaths. That is a 15 percent increase in pedestrian accidents over the previous years, according to the Texas Department of Transportation.
As you can see, this is a serious accident that can have devastating consequences. Pedestrians are among the most vulnerable people on the road, as they don’t have protective equipment like seatbelts or airbags.
What are the Common Causes of Pedestrian Accidents?
Many factors can contribute to pedestrian accidents, including:
- Distracted driving: Drivers who are texting, using their phone, or otherwise distracted while driving are more likely to cause accidents, including those involving pedestrians.
- Reckless driving: Drivers who engage in reckless behavior, such as speeding, running red lights, or making sudden lane changes, are more likely to cause accidents involving pedestrians.
- Poor road design: Roads that are poorly designed or maintained can create hazardous conditions for pedestrians, especially in areas with heavy foot traffic.
- Poor lighting: Poor lighting can make it difficult for drivers to see pedestrians, increasing the risk of accidents.
What Injuries Can Occur from Pedestrian Accidents?
Pedestrian accidents can have devastating consequences for those involved. Common injuries include:
- Head injuries: Traumatic brain injuries can result from the impact of a pedestrian accident with a vehicle, leading to long-term health problems and disabilities.
- Spinal cord injuries: Spinal cord injuries can result in paralysis and other serious physical limitations.
- Broken bones: Pedestrians involved in accidents often sustain broken bones, which can require extensive medical treatment and rehabilitation.
- Soft tissue injuries: Soft tissue injuries, such as sprains and strains, can result from the impact of a pedestrian accident and can be extremely painful and difficult to treat.
What Should You Do After an Auto-Pedestrian Accident?
If you or a loved one has been involved in a pedestrian accident in Fort Worth, it’s important to take the following steps:
- Seek medical attention. Your health should be your top priority. Even if you don’t think you’ve been seriously injured, it’s important to seek medical attention as soon as possible. Make sure that you keep copies of all documents related to your medical treatment, including bills and doctor reports and instructions.
- Call police. If you have been involved in an auto-pedestrian accident, it’s imperative to contact the police. Make sure to get a copy of the police report, as this can be crucial evidence in your personal injury case.
- Take photos of the scene. This includes photos of the vehicles involved, any road signs or signals, and any other relevant details.
- Get witness contact information. If there were any witnesses to the accident, make sure to get their names and phone numbers.
- Contact a Fort Worth pedestrian accident lawyer. An experienced Fort Worth pedestrian accident lawyer can help you navigate the process and fight for compensation to cover your injuries, lost wages, and pain and suffering.
How Do I Pursue a Personal Injury Claim?
If you have been injured in a pedestrian accident, the first step is to consult with an experienced Fort Worth personal injury lawyer. Your lawyer can help you pursue a claim against the driver or other responsible party by gathering evidence, filing all necessary paperwork, negotiating with insurance companies, and taking legal action if needed.
If the insurance companies will not offer a sufficient settlement, our Fort Worth Pedestrian Accident Lawyer will file a personal injury lawsuit on your behalf. At Varghese Summersett Family Law Group, we understand how difficult this time can be and we will do everything in our power to protect you and get you the compensation that you deserve. We have a long track record of success in helping injured victims obtain the justice, and we can help you, too.
What Types of Damages Can a Fort Worth Pedestrian Accident Lawyer Pursue on My Behalf?
If you or a loved one has been injured in a pedestrian accident, an experienced Fort Worth pedestrian accident lawyer can help you pursue compensation for your losses. Depending on the circumstances of your case, this may include:
These are damages that have a specific dollar amount, such as medical bills and lost wages.
These are non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
In certain cases, punitive damages may be available to punish the responsible party for aggravated or reckless behavior.
At Varghese Summersett Family Law Group, our Fort Worth pedestrian accident attorneys will fight for the compensation you deserve and help you move forward with your life. Contact us today to schedule a free consultation and learn more about how we can help.
As a Pedestrian, What Duty Do I Have to Avoid Accidents?
As a pedestrian, it is your responsibility to exercise due care and follow traffic rules and regulations to avoid accidents. This includes:
- Crossing the street only at designated crosswalks or intersections.
- Following pedestrian signals, such as walk signs and crossing signals.
- Paying attention to your surroundings and looking both ways before crossing the street.
- Avoiding distractions such as texting or using a phone while walking.
If you were following all of these safety precautions and were still struck by a vehicle, you may have a valid personal injury claim. Contact an experienced Fort Worth pedestrian accident lawyer at Varghese Summersett Injury Law Group to learn more.
Do Pedestrians Always Have the Right of Way in Texas?
No, in Texas, pedestrians do not always have the right of way. They have the right of way at marked crosswalks and uncontrolled intersections, but they are required to yield the right of way to vehicles if crossing elsewhere. Motorists must always exercise due care to avoid hitting a pedestrian, but pedestrians must also take precautions to ensure their own safety by crossing the street only in safe locations, being aware of their surroundings, and always following signage and signals when crossing the street.
What if I Was Partly Responsible for an Auto Pedestrian Accident?
In Texas, if you were partly responsible for an auto-pedestrian accident, it could affect the outcome of the compensation to which you are entitled. Texas follows a “comparative negligence” system, which means that the amount of damages you are able to recover can be reduced based on the percentage of fault attributed to you.
For example, if a court finds that you were 30 percent responsible for the accident, then any damages you recover would be reduced by 30 percent. It is important to note that if your fault is found to be 51 percent or higher, you may not be able to recover any damages at all.
That’s why it’s important to contact an experienced Fort Worth pedestrian accident lawyer. The attorneys at Varghese Summersett Injury Law Group can investigate your case, gather evidence to prove the other parties’ negligence, and fight for the compensation you deserve.
What Happens If You Hit A Pedestrian?
If you hit a pedestrian in Texas, the consequences can be severe and vary depending on the circumstances of the accident. If it is determined that the driver was at fault, they may face criminal charges such as reckless driving or vehicular manslaughter if a death was involved. The driver may also be sued by the pedestrian or their family for damages, including medical expenses, lost wages, and pain and suffering.
Even if the pedestrian is found to be partially at fault, the driver may still be held responsible for a portion of the damages. Additionally, hitting a pedestrian can result in significant insurance consequences, such as increased premiums, denial of coverage, or even cancellation of the policy.
Any accident involving a pedestrian should be reported to the police, and the driver should exchange information with the pedestrian or any witnesses and cooperate with any subsequent investigations.
What if the Driver Who Hit Me Doesn’t Have Insurance?
If the driver who hit you doesn’t have insurance, you may be able to file a claim with your own insurance company. A Fort Worth pedestrian accident lawyer at Varghese Summersett Injury Law Group can help you explore your options.
How Much Time Do I Have to File a Claim?
It’s important to file a claim as soon as possible. In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. If you don’t act within this time period, you may be barred from recovering damages.
How Long Will My Case Take?
The length of your case will depend on several factors, including the complexity of the case, the speed of the investigation, and the negotiations with the liable parties. If we have to go you court or trial, obviously, that will take longer. A Fort Worth pedestrian accident Lawyer can give you a better idea of how long your case is likely to take.
How Much Will it Cost to Hire a Fort Worth Pedestrian Accident Lawyer?
At Varghese Summersett Injury Law Group, we working on contingency, which means you don’t pay us anything upfront. We only get paid if we win your case and recover damages for you.
We also offer free case evaluations, so you will never pay us anything out-of-pocket. We know times are tough right now and the last thing we want to do is pile on. We are here to help you. Period.
How to Choose a Fort Worth Pedestrian Accident Lawyer
When it comes to choosing a Fort Worth pedestrian accident lawyer, there are several key factors to consider, including:
- Experience. Make sure the lawyer you choose has experience handling pedestrian accident cases.
- Communication. You want a lawyer who will keep you informed about your case and be responsive to your questions and concerns.
- Compassion. Pedestrian accidents can be traumatic, and you want a lawyer who understands that and is sensitive to your needs.
Speak to a Fort Worth Pedestrian Accident Lawyer Today.
If you or a loved one has been involved in a pedestrian accident in Fort Worth or North Texas, it is important to seek the help of an experienced personal injury attorney. An attorney will help you navigate the legal system, so you can focus on your recovery.
Call Varghese Summersett Injury Law Group today at 817-207-4878 (HURT) to schedule a free consultation with an experienced Fort Worth pedestrian accident lawyer.