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Car Accident
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A pedestrian accident attorney in Dallas will investigate the accident; gather evidence that proves which party is at fault for the accident; and negotiate with insurance companies on your behalf.
If a driver was negligent in causing your injuries, then you are entitled to receive reimbursement from the responsible parties for all of your medical expenses; for the income you have lost due to time missed from work; for any additional medical care you will need going forward; and for your physical pain and mental anguish.
The attorneys at Jay Murray Law will review how the accident occurred (including if the driver was distracted while driving, if he/she was speeding, etc.) and determine who was responsible for yielding. The attorneys at Jay Murray Law will utilize evidence including witness statements, photos taken of the accident scene, and/or your medical records to substantiate your claim and demonstrate how your injuries have affected your ability to perform day-to-day activities. We can also assist you with disputing liability issues and analyzing whether an insurance company’s offer adequately covers your present loss and future health-related needs.
When you are involved in a pedestrian accident, it is not only devastating to your body; however, it can be very complicated when filing an injury claim. A Dallas Pedestrian Accident Attorney will help make sense out of all the complications associated with a personal injury claim. Jay Murray has practiced personal injury law for over 30 years in Dallas and has the experience you deserve to find your way through Texas pedestrian injury claims.
The consequences of being injured in a pedestrian accident can last a lifetime. Because of this, having someone to guide you through the process of receiving the compensation you deserve can be priceless. Your lawyer will be able to work with insurance companies to reach a fair settlement based upon the facts of your claim and what was recoverable by both the extent of your damages as well as the amount of available insurance coverage.
As a result of your attorney’s efforts on your behalf, you’ll be able to focus on your recovery and not the lengthy and arduous legal process of obtaining a judgment. Additionally, their understanding of Texas law, working with insurance companies and providing free consultations can greatly benefit your case.
Texas has an abundance of laws designed to protect its citizens; however, many of them are not enforced by its drivers. The pedestrian’s right to walk on our sidewalks and cross at intersections is well protected by Texas statute (See Texas Transportation Code §552.003) where it states that if there are no traffic signals in place or operating – a vehicle driver must stop and yield to a pedestrian who is:Â
– On the half of the road where the vehicle is traveling (or)
– Approaching so close from the opposing side of the road as to be in danger.
The law also states that pedestrians cannot “suddenly leave” a curb or other safe location and step into the path of an oncoming vehicle with such limited time to respond as to make it impossible for the driver to stop and yield.
Therefore, when it comes to accidents involving pedestrians, a pedestrian accident lawyer in Dallas will be able to use this knowledge to help guide his client through the process of complying with Texas State Statutes and Regulations.
In addition, expert witnesses may have information on how traffic laws are applied to pedestrians, as well as both the dynamics of vehicles and the behavior of pedestrians, which will strengthen your argument. Pedestrian accident attorneys use their knowledge of the Texas Transportation Code (and all relevant legal obligations) to defend your rights and secure the compensation available to you based on the facts of your case.Â
Insurance companies frequently try to limit or eliminate payments by using various methods. Having an attorney involved in the process from the beginning typically assists in managing the claim and protects your rights. A pedestrian accident lawyer based in Dallas can assist in negotiating settlements with insurance companies to obtain reasonable settlement amounts for those who were injured in a pedestrian accident.
Most attorneys provide complimentary (free) consultations for prospective customers. These meetings will give you an opportunity to have your claim evaluated as well as talk about possible financial settlements and legal rights that you may be entitled to. The first consultation with your attorney is always at no cost to you.
We represent personal injury clients on a contingency-fee basis, so attorney fees are collected only if there is a recovery.
Our contingency-fee basis approach to providing our services means that you can obtain representation by an experienced attorney from our firm, and fees are only collected if there is a recovery.
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Knowing what typically causes pedestrian collisions in Dallas can help prevent them from occurring. In addition, being aware of these typical causes of pedestrian collision injuries and fatalities and advocating through the legal system are important steps toward helping reduce the increasing number of pedestrian injury cases in Dallas. As pedestrian collisions can lead to severe injury or fatality, safety is also a primary concern when they occur.
Some of the most frequent causes of pedestrian collisions include distracted drivers, drivers who fail to yield and speeding. Understanding these causes provides insight into how they affect pedestrian safety and liability.
The primary reason distracted driving is one of the most common causes of pedestrian-related injuries is due to the fact that it takes the driver’s eyes off of the road, thereby placing a larger amount of risk with regard to injury. For example, by using their phones while they are operating a motor vehicle (i.e., texting), an individual will be less attentive at all times, thus, resulting in an increased likelihood of a collision. This distraction also impairs the driver’s ability to see pedestrians on the roadway which can result in hazardous conditions.
Specifically, distracted driving is among the leading causes of car accidents in Dallas. This growing issue further emphasizes the potential danger posed by distracted motorists on the roadway to pedestrians.
Another primary reason there are so many pedestrian accidents, especially in the City of Dallas, is failure to yield to a pedestrian per the TxDOT. To avoid pedestrian-vehicle collisions, drivers should be cautious and follow Texas traffic laws concerning Right-of-Way, which are based upon where a pedestrian is walking and how that pedestrian crosses.Â
Yes, drivers must yield to pedestrians, but pedestrians also have duties under Texas law they must follow. Insurance companies could argue that the parties involved were partially responsible for their own injuries, thereby potentially altering both liability and potential compensation for either party. Texas uses proportionate responsibility: a pedestrian’s recovery generally is reduced by the pedestrian’s percentage of responsibility, and a claimant who is more than 50% responsible generally cannot recover damages.Â
The dangers posed to pedestrians by speeding are a major contributor to the risk of pedestrian accidents. When vehicle operators exceed the posted speed limit they increase their response time to pedestrians on the road, and therefore have an increased potential for both serious injury, or death as a result of being struck. Therefore, it is very important that city roadways enforce speeding violations and provide adequate signage to motorists, including stop signs, to help prevent motorists from driving recklessly and promote pedestrian safety.
Severe and lasting consequences are common results of pedestrian collisions. Many of the most common types of injuries sustained by pedestrians as a result of a collision include head trauma (concussion or traumatic brain injury), damage to the spine (spinal cord injuries) and bone fractures. It’s the smart move to seek immediate medical treatment if you or someone else has been injured in a pedestrian collision because recovering from your injuries is the most important thing.
In addition to each of the specific categories of injury discussed above, there will also be additional factors to consider in regards to each type of injury. By taking an in-depth look at these various injuries, we can better understand how they can affect a person’s life and why seeking medical attention immediately after being involved in a pedestrian collision is critical.
Pedestrians who are involved in collisions with motor vehicles commonly suffer traumatic brain injuries (TBIs). TBIs can be caused either by being hit directly in the head or by having fallen onto a surface such as concrete due to the impact of a collision. TBIs have many possible outcomes. Many individuals will continue to develop problems that affect their ability to think clearly and their overall quality of life. These problems include confusion, dizziness, mood swings etc. Therefore, there is an obvious necessity to receive the appropriate medical attention and to seek out competent attorneys to assist you with your claim so you can receive fair compensation for long term disability.
The spinal cord injury is one of the worst forms of an injury that may occur as a result of a vehicle accident against a pedestrian. Pedestrian accidents often result in severe spinal injuries which can occur at the neck or cervical area. As a result of these types of spinal cord injuries many people who suffer them lose all or part of their motor function and sensory ability. They require a lot of medical treatment to restore what they lost, as well as, rehabilitation for the rest of their lives.
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Pedestrian Accidents Cause Broken Bones and Injuries Such As Fractured Arms, Legs, Wrists, And Collarbones. Most broken bone and fractured injuries require a period of time to be treated with a sling or cast, then follow up with rehabilitation. Broken bones and fractures can seriously interfere with one’s quality of life. These can cause both physical discomfort (e.g., pain) and limitations in mobility as well as emotional distress while recovering from their injured condition.
Gathering Evidence In order to bring about legal proceedings for pedestrian accidents gathering evidence is critical. Photographs of the accident site and damage done to vehicles can be key to proving that the defendant was negligent. Witness statements from bystanders have a significant effect on determining who was responsible for the accident as such it is important to gather their contact information.
Documentation of the accident site and witness accounts may help you demonstrate liability with regard to the at-fault party.
Experts may be able to offer expert testimony to establish the facts from the accident showing that the driver involved in the pedestrian accident was negligent. Experts provide insight into the actions of drivers, dynamics of an accident and how the accident happened. In many jurisdictions, experts in accident reconstruction can analyze evidence from accidents and express their professional opinion as to what happened during the incident. It is then up to the judge or jury to determine whether the defendant acted negligently. An expert’s testimony can greatly assist you in establishing your case.
To show that someone was negligent, an injured person will usually have to demonstrate three things:
1) The other party had a legal obligation (duty) to avoid injuring them;
2) That duty was violated (breach of duty);
3) The violation of duty was responsible for the injured person’s harm (proximate cause).
Typically, it is up to the injured person to provide the court with enough information on all four elements to enable them to seek legal compensation for their damages.
A knowledge of traffic law will help determine if the pedestrian or driver had the obligation to follow traffic law and ultimately assist in the determination of who is responsible for the victim’s injuries.
In most car accidents involving pedestrians, there are significant financial consequences as a result of either medical costs or loss of income. Available remedies depend upon a variety of elements including:
Knowing what types of compensation may be available to you or your family can assist in the process of recovering from an automobile accident.
Texas allows economic and non-economic damages to pay a claimant for any eligible loss in all but very limited circumstances. The state’s statute regarding exemplary (punitive) damages is strictly applied and can be used as permitted by statute. Texas permits exemplary damages for certain losses under specific conditions.
The quantifiable financial costs incurred by an individual or their family due to the loss or impairment of one’s earning capacity as well as other tangible/monetary costs, including:
These are all referred to as economic damages. These types of damage are typically easier to document and therefore important parts of the overall settlement amount that may be recovered by a pedestrian injury victim after being involved in a pedestrian accident.
Documentation of both past and future medical bills, lost wages and/or earnings, etc., are all very important to recover these types of economic damages.
These are generally described as “pain & suffering”, “emotional distress”, “disability”, “loss of enjoyment of life”, etc. The problem with non-monetary damages is they are difficult to assign a dollar value to. However, they can represent a significant portion of a pedestrian injury victim’s total recovery for injuries sustained in a pedestrian accident. Non-monetary damages are also subjective and as such require careful presentation on behalf of the injured party when arguing their case in court.
A finding of punitive damages (exemplary damages) typically requires “clear and convincing” evidence that a defendant acted with fraud, malice or gross negligence; and ordinary negligence alone will be insufficient. Punitive damages are used for punitive purposes against certain types of conduct and in order to dissuade such conduct from occurring again.
Following an accident involving a pedestrian it is imperative to act quickly to protect both your health and the integrity of your potential lawsuit. Staying calm also enables you to assess your physical condition and ensure that you remain safe. In addition to assessing the extent of your injuries, gathering evidence such as photographs of witnesses and medical records is key to developing a solid basis for litigation in the event of a lawsuit.
There are three primary actions you should take following an accident: seek medical treatment, document the accident location and obtain representation from a personal injury attorney. As you understand each of these actions you will better appreciate how important they are in protecting you after an accident has occurred.
Your initial priority following an accident should be obtaining medical care. Regardless of whether or not there appear to be any immediate injuries sustained in the accident, a doctor may determine if there are any underlying conditions which could have been caused by the accident. Jay Murray is able to arrange for medical providers who are willing to defer payment while the injury claim is pending so that individuals who do not have health insurance can still receive the appropriate medical care.
It is equally important to thoroughly document the scene where the accident occurred. Photographs, witness statements, and other relevant data should all be documented. Obtaining the contact information for witnesses can prove to be extremely beneficial when presenting testimony that supports your claim. Documenting every detail about the accident including witness testimony provides substantial evidence supporting your claim of negligence and can go a long way in supporting your claim.Â
Consulting with a personal injury attorney is a crucial step that you need to consider immediately following a pedestrian accident. Jay Murray provides complimentary consultations to review your case, outline possible avenues for receiving financial compensation for your injuries, and inform you of your rights under the law. Consulting with a pedestrian injury attorney early in your case helps to protect your rights throughout this process.
An experienced Dallas pedestrian accident attorney will be able to assist you in navigating the many facets of an injury claim to help ensure you don’t miss any deadlines or legal requirements that may hinder your ability to get a recovery. In addition, your lawyer will have experience dealing with insurance companies, which will allow them to negotiate with these companies so you don’t have to. Also, with over 30 years of experience in personal injury law, Jay Murray knows all the steps your personal injury case takes. Don’t guess when you can lean on the experience and know-how available with our firm. Â
Some of the most common causes of car wrecks involving pedestrians in Dallas are due to distraction while driving, failing to yield and speeding. Understanding what leads to accidents will lead to increased safety on our roadways and hold those who cause harm accountable.
Injuries from pedestrian accidents vary but often include head trauma (brain damage), neck/back/spine injuries and fractured bones. These types of injuries require immediate treatment by a qualified medical provider and making sure they’re documented properly can help to support possible future claims.
Depending upon the circumstances, recoverable damages in pedestrian cases could be for both economic and non-economic loss. Exemplary damages would likely have to meet the higher burden of proof under Tex. Civ. Prac. & Rem. Code ch. 41 (and typically are limited by statute). The first step in determining what your options are for obtaining compensation is consulting an attorney.
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