East Texas Pedestrian Accident Lawyers Bringing Skill To Your Case
The streets of Texas are not particularly safe for pedestrians. According to the Texas Department of Transportation, 678 pedestrians were killed in traffic accidents throughout Texas in 2016, which was a 21.5% increase from 2015. Thousands more suffered debilitating injuries that caused them pain and financial losses.
If you were injured in a car accident or semi-truck accident as a pedestrian, Dobbs & Porter can help. We are one of the few injury law firms in Texas with a board-certified personal injury trial law specialist on-site. We are determined to manage your case professionally and to secure the full compensation that you deserve.
Proving Fault In A Pedestrian Accident In Texas
The key to recovering compensation for pedestrian injuries is proving liability. If a driver was negligent in striking the pedestrian, liability attaches, and the driver must pay damages. Examples of driver negligence include:
- Running a red light or a stop sign
- Failing to yield at a pedestrian crossing
- Distracted driving, cellphone use or texting that takes the driver’s attention off the street
- Drunk driving
In commercial truck accidents involving pedestrians, negligence may be even harder to prove. There are sometimes two or more sources of liability. Some examples of negligence in truck accidents involving pedestrians can be:
- Driving an 18-wheeler while fatigued
- Texting or using a navigation device while driving
- Operating a truck under the influence of drugs or alcohol
- Failing to see a pedestrian crossing
In both car crashes and trucking accidents, the pedestrian is almost always the worst-injured, even if they are at fault. Many pedestrian injury cases even result in wrongful death.
What Is Comparative Negligence? How Does It Affect Pedestrian Claims?
But sometimes, a pedestrian’s own negligence causes the accident or contributes to it. Pedestrian negligence may include crossing against the light, darting into traffic, or crossing in the middle of the street. Texas operates under a comparative negligence rule that reduces the amount an injured plaintiff can recover in proportion to the plaintiff’s share of fault.
If the court decides that the plaintiff is mostly to blame for the accident, no damage recovery is allowed. This is a very important reason to have an experienced catastrophic injury attorney gathering evidence and building a persuasive case on your behalf.
How Texas Cities May Have Fault For Pedestrian Injuries
Despite the high incidence of pedestrian accidents, Austin and San Antonio are the only major cities in Texas that have adopted a Vision Zero plan to reduce severe personal injuries. These plans rethink traffic flow to make streets safer for all users. If you were injured at an intersection where accidents frequently occur, there may be a case that the city is liable for maintaining an unreasonably dangerous intersection.
Insurance Factors In An East Texas Pedestrian Injury Case
Pedestrian injury cases generally begin with a claim against the driver’s insurance company. However, the policy may not be sufficient to cover all of your losses. Or, the driver might not be insured at all. In such cases, you will have to file a lawsuit to get a judgment for the full amount against the motorist. You can also file a claim with your own auto insurance company if you have optional uninsured and underinsured motorist coverage. Unfortunately, even if you are in the right, you can face real obstacles trying to recover compensation. That’s why it’s important to have a capable and dedicated personal injury attorney on your side.
Contact A Texas Pedestrian Accident Lawyer For A Free Consultation
If you have been hurt in a pedestrian accident, trust your claim to our experienced catastrophic personal injury attorneys. Call Dobbs & Porter at 903-310-1433 or contact us online to schedule a free consultation at our Tyler office.