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 percent increase from 2015. Thousands more suffered debilitating injuries that caused them pain and financial losses. If you were injured in a traffic accident as a pedestrian, Dobbs & Porter, PLLC 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.
The key to recovering compensation for a pedestrian accident 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:
But, very often, a pedestrian’s own negligence causes the accident or contributes to it. Pedestrian negligence includes:
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 auto accident attorney gathering evidence and building a persuasive case on your behalf.
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 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.
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.
If you have been hurt in a pedestrian accident, trust your claim to our experienced lawyers. Call Dobbs & Porter, PLLC at 903-600-HURT(4878) or contact us online to schedule a free consultation at our Tyler office.