Pedestrians are extremely vulnerable to injuries in traffic accidents. What would be a minor collision for a motorist could be a life-altering event for the pedestrian. If you or someone you care about has been involved in a pedestrian accident in Dallas, it’s crucial to understand your rights.
Texas laws offer pedestrians rights and protections, but navigating the aftermath of a pedestrian accident can be complex. The victims may have to get medical treatment, gather evidence, file paperwork, negotiate with insurance companies, and take their cases to court. This can all get overwhelming for pedestrian accident victims.
If you have been in a pedestrian accident in Dallas, TX, allow our personal injury lawyers at Angel Reyes & Associates to help. We understand the emotional, physical, and financial toll such an accident can have. Our team is committed to guiding you through the complex legal process and ensuring that you receive the compensation you deserve.
Understanding Pedestrian Accidents in Dallas
While Dallas may not be the most pedestrian-friendly city, it has several walkable areas, and a considerable number of people choose to walk. Dallas areas that have the highest percentage of pedestrians include downtown, Henderson, Oak Lawn, North Oakland, and Roseland.
As these areas have more pedestrians, they tend to have more pedestrian accidents. However, such accidents can happen anywhere in the city, whether on busy streets, residential neighborhoods, parking garages, or other places.
Texas laws are designed to protect pedestrians in certain situations but also place responsibility on pedestrians to follow rules for their own safety. Pedestrians have the right to use crosswalks and walk along the roads. If sidewalks aren’t present, pedestrians must walk on the left side of the road facing traffic.
Pedestrians should follow traffic signals. If the signal is green or white, they can cross. If the signal is red or says “don’t walk,” they should wait. Ignoring these signals can cause accidents and hurt pedestrians if they’re involved in one.
As long as they cross the road legally, they have the right of way. This means that motorists must slow down or stop to allow pedestrians to cross safely. Failure to yield to pedestrians can be deemed as reckless driving and can lead to severe penalties. However, if the pedestrians are at fault, it may reduce their ability to recover full compensation for their injuries.
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Dallas Pedestrian Accident Statistics
Dallas is considered a highly walkable city, but that hasn’t stopped it from a high number of pedestrian accidents. The city’s car-centric culture and outdated road infrastructure continue to pose safety risks to pedestrians.
Dallas has a Vision Zero Action Plan to reduce traffic-related fatalities and serious injuries by 50% by 2030. The Vision Zero Dallas dashboard shows 641 pedestrian crashes year to date. Out of these accidents, 69 have been fatal. Close to 150 have involved serious injuries. This marks a concerning trend and underscores ongoing concerns about road safety in the city, especially for the most vulnerable road users—pedestrians.
The dashboard shows that the most dangerous time for pedestrians is after sunset. It could be due to visibility issues or a higher chance of being involved in a DUI accident in Dallas.
The statistics from the Texas Motor Vehicle Traffic Crash Facts for the state of Texas show that pedestrian accidents are a state-wide issue. The stats reveal that there were pedestrian fatalities totaling 828 in 2022. This was a 0.24% increase from the previous year.
What Causes Pedestrian Accidents?
So we know that pedestrian accidents are a serious safety hazard for the residents of Dallas, TX. Victims can suffer from catastrophic accidents. Is there a way pedestrians can protect themselves from such accidents? Let’s first look at the common causes of pedestrian accidents in Dallas.
Distracted Driving
One of the most common factors in pedestrian accidents in Dallas is distracted driving. This includes using a cell phone, eating, and fiddling with the vehicle controls. Anything that takes away the focus of the driver from the road is a distraction and can be enough to cause an accident.
Even an overly engaged conversation with the passengers or daydreaming can be a distraction. Drivers who are distracted may not notice a pedestrian crossing the street or waiting to cross at an intersection, increasing the risk of an accident.
Speeding or Reckless Driving
Motorists who are speeding or engage in reckless driving have a higher chance of having a pedestrian accident. Going even a few miles faster can dramatically reduce the ability of the driver to react to emergencies on the road, such as a pedestrian crossing the street.
While pedestrian accidents caused by speeding or reckless driving are most common in high-traffic areas, they can happen anywhere. Speeding and reckless driving not only increase the likelihood of having an accident, but they can also cause more damage.
Pedestrian Negligence
It’s easy to blame the motorists for a pedestrian accident. However, pedestrian negligence could also be a factor in the accident. This may include crossing streets outside of crosswalks, jaywalking, or ignoring traffic signals. If a pedestrian is crossing the road illegally and the motorist doesn’t have the time to prevent a collision, then the motorist may not be held liable for any damages.
A common case of pedestrian negligence is when they’re wearing headphones and trying to cross the street without paying attention to their surroundings. these types of accidents often happen during the daytime, when cars may not have their headlights on, making it harder for pedestrians to notice approaching vehicles from behind.
Weather Conditions
While Dallas doesn’t tend to have harsh weather conditions, they can still play a role in pedestrian accidents. Limited visibility caused by fog or heavy rain can be a contributing factor. Slippery road conditions caused by heavy rain can make it more challenging for road users to control their vehicles, increasing the chances of a collision.
Driving Under the Influence of Drugs or Alcohol
Driving under the influence of drugs or alcohol is a significant factor in pedestrian accidents in Dallas. While law enforcement officials work diligently to enforce DUI laws, impaired drivers continue to pose a major threat to pedestrians. Alcohol and drugs can severely impair a driver’s reaction time, judgment, and motor skills.
Even small amounts of alcohol or certain prescription drugs can slow reflexes and distort perception. The drunk driver typically doesn’t realize that their driving ability has been reduced due to alcohol or drugs. Some drugs or medications can even make the driver drowsy behind the wheel, further reducing their ability to react to sudden changes in traffic.
Driver Fatigue
When a driver is fatigued, they can experience a sharp decline in their alertness and may have difficulty concentrating. They may fail to notice pedestrians, especially in high-traffic areas or at busy intersections. While driver fatigue can happen to anyone, it’s most common among truck drivers, who tend to have long commute times and monotonous routes.
As Dallas is often an economic and transportation hub for the region, you could have drivers traveling long distances through the city. This increases the risk for pedestrians as fatigued drivers are more likely to overlook them or fail to react in time.
Proving Driver Negligence in Pedestrian Accidents
In the aftermath of pedestrian accidents, determining liability becomes a critical aspect of seeking justice and compensation for all parties. While drivers are often at fault, there can be multiple parties involved in a pedestrian accident, and negligence can take various forms.
Aside from the driver’s potential negligence, it could be the manufacturer’s fault with the vehicle, the issue with the maintenance of the roads, or other reasons. If you want to prove driver negligence in pedestrian accidents, you need to present evidence that the driver owed a duty of care toward you, and this duty was branched, resulting in your suffering.
It’s a good starting point to gather evidence that shows the driver’s actions directly contributed to the accident. Not only do you have to prove that the other driver behaved negligently or recklessly, but you also need to show that their actions or inactions caused your injuries.
Proving causation is a key component of establishing liability. As pedestrian accident claims or lawsuits often get complex, you should get assistance from an experienced Pedestrian injury lawyer in Dallas who can guide you on how to establish liability and recover full and fair compensation.
Common Pedestrian Accident Injuries
With no protection for pedestrians in collisions, such accidents often result in serious injuries. The most serious injuries often include damage to the head, spinal cord, or neck. Extensive damage to these areas can lead to permanent disability and other types of catastrophic injuries.
The blow or jolt to the head can result in traumatic brain injuries (TBIs). In such injuries, the brain can get damaged resulting in swelling, bruising, or tearing of the brain tissue. TBIs can range from mild concussions to severe brain damage. In some cases, the victims may suffer from long-term effects such as memory loss, difficulty with concentration, and impaired motor skills.
Spinal cord injuries are another serious risk. Whiplash often occurs due to sudden neck movements during an impact. More severe cases can involve herniated discs or spinal cord damage. These injuries may result in partial or total paralysis and require extensive treatment and rehabilitation.
Internal injuries, such as those that cause damage to the organs, can also have devastating consequences for victims. The impact of such injuries may not be evident at the time of the accident. This highlights the critical need to get a medical check-up after a pedestrian accident. Broken bones, fractures, and soft tissue injuries are also common pedestrian accidents.
The psychological impact of pedestrian impacts can also have a major impact on the lives of victims. Depression, anxiety, and post-traumatic stress disorder are the most common types of mental health conditions caused by road accidents. However, the victim may suffer from other types of psychological conditions, including a fear of crossing roads or being near traffic.
This fear can make daily activities, like walking to work or visiting friends, feel overwhelming. In some cases, they may avoid going outside altogether or experience panic attacks when near cars or busy streets.
The serious nature of pedestrian accidents is a reminder of how dangerous these incidents can be. Even if it’s not the pedestrian’s fault, they can still be victims of such accidents. While no one can undo the injuries, victims can fight for compensation for their suffering.
Compensation for Pedestrian Accident Injuries
If you suffered physical injuries, mental trauma, financial losses, or other types of damages as a direct result of the pedestrian accident, then you can seek compensation for this. The most common damages awarded in personal injury claims are economic losses. If you were injured, you may have medical expenses for emergency care, surgery, medication, hospital stay, physical therapy, and other types of healthcare costs.
You may have also incurred losses in the form of lost wages or a loss of earning potential as a result of your injuries. Property damage includes damage to items like phones, clothing, or other belongings you had during the accident. You can include these losses in your claim. Victims can also suffer from non-economic losses, such as pain and suffering. These types of losses can also be claimed as part of your personal injury lawsuit or settlement.
If you believe the actions of the defendant were particularly reckless or deliberate, then may seek punitive damages in your claim. These damages are less common but can be awarded if you provide strong evidence of their conduct. If the evidence supports your case, there is no reason not to pursue this compensation for your losses. Punitive damages are intended to punish the defendant for their actions and deter such conduct in the future.
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Steps to Take After a Pedestrian Accident
If you get into a pedestrian accident, the first and most important step is to prioritize safety and assess injuries. Move to a safe location, and call 911 to report the accident. If you’re badly injured, you’ll likely be taken to a nearby hospital for emergency medical care. Even if your injuries appear minor, you should get a medical evaluation.
The adrenaline in the body after a traumatic accident can mask the seriousness of the injuries. Some injuries, such as whiplash or internal organ damage, may not present symptoms immediately, but early diagnosis and treatment can prevent complications.
If you’re in stable condition after the accident you should stay at the scene to gather evidence that could help your claim. Take photos of your injuries, road conditions, or anything else that you feel is relevant to the accident. Exchange contact information with our parties involved in the accident, including auto insurance information and contact details.
Make sure to talk to the police officers who respond to the scene and tell them exactly what happened. They’ll write a report, which is an important document for insurance claims and any legal matters. While you want to be truthful about everything you share with law enforcement officials, don’t share any unnecessary information as it could do more harm than good.
If the pedestrian accident is covered by an insurance policy, you also need to notify them about the accident. However, just like the police, only share essential information. There’s no need to provide extra details that aren’t necessary.
Your pedestrian accident case depends on evidence, so you need to gather and preserve the evidence as soon as possible. Check if there are any eyewitnesses to the accident, and if they’re willing to provide statements or testify to support your claim. You can also obtain a copy of the police report and keep track of all your medical records.
These records will play a vital role in establishing liability and proving the extent of your damages. Another crucial step is to consult with an attorney as soon as possible.
Benefits of Hiring a Pedestrian Accident Attorney Dallas
The aftermath of a pedestrian accident can be an overwhelming and frustrating experience. Not only do you have to build a strong case to recover full and fair compensation, but you also need to get your life back on track by recovering from the accident.
A key step to help you through this process is to get a skilled Dallas pedestrian accident attorney involved early in the process. The attorney can stop you from making mistakes that can undermine your case, such as not gathering crucial evidence from the crash site or admitting fault.
Using their experience in pedestrian accidents, the attorney can guide you on the best legal strategy for your case. They will investigate the accident, gather evidence, and ensure your case is built properly. They know local laws, including Texas’ comparative negligence rules, which can affect your case.
The attorney can also use their resources to arrange for expert witness testimony to support your claim. This could include accident reconstruction experts who can demonstrate how the accident occurred or medical professionals who can provide their expert opinion on the severity of the injuries.
Hiring an attorney can make dealing with the accident easier. You can focus on getting better while your lawyer takes care of the legal work. With an experienced Dallas pedestrian accident lawyer, you can trust that your case is in good hands.
If you would like to consult with a pedestrian accident lawyer in Dallas, get in touch with us at Angel Reyes & Associates. To get started, we’ll schedule a free consultation with one of our attorneys. After assessing your case, we will provide you with clear guidance on your legal options and help you understand the next steps.
The team at Angel Reyes & Associates specializes in car accidents, including pedestrian accidents. Our goal as a top Dallas injury law firm is to ensure that you receive the compensation you deserve while supporting you throughout the process.
FAQs
How Does Contributory Or Comparative Negligence Affect My Claim?
Each state has a system to decide how fault affects a personal injury claim. This can greatly impact the compensation you may receive in a pedestrian accident case. The two main systems are contributory negligence and comparative negligence.
Dallas follows a modified negligence system, where you can recover compensation for the pedestrian accident as long as you’re less than 51% at fault for the collision. However, your compensation will be adjusted according to the share of fault in the accident. For example, if you have 30% at fault for the accident, you only recover a maximum of 70% of the awarded compensation.
How Long Do I Have to File a Claim?
Dallas has a two-year statute of limitations for personal injury claims. This includes pedestrian accidents. This means you have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your chance to recover compensation. In some cases, you may be able to extend the deadline if any exemptions or exceptions apply to your case. It’s always best to file as soon as possible to avoid complications
What Happens If The Driver Flees The Scene?
If the driver flees the scene of a pedestrian accident in Dallas, it’s considered a hit-and-run. Those found guilty of a hit-and-run can face serious legal consequences. However, if the party isn’t identified or located, you still have options to recover compensation.
For example, you could work with the police to track the party. Meanwhile, you can check if your insurance provider offers coverage for such an event. In such cases, you need to seek immediate legal help for pedestrian accidents in Dallas.
Resources for Pedestrian Accident Victims in Dallas, TX
If you or someone you know has been involved in a pedestrian accident, it’s important to have access to the right resources for recovery and support. Here is a list of essential resources in Dallas, TX:
- Parkland Health & Hospital System
- Address: 5201 Harry Hines Blvd, Dallas, TX 75235
- Phone: (214) 590-8000
- Services: Comprehensive emergency care and rehabilitation services for accident victims.
- Baylor Scott & White Institute for Rehabilitation – Dallas
- Address: 909 N Washington Ave, Dallas, TX 75246
- Phone: (214) 820-9300
- Services: Offers specialized physical therapy and rehabilitation programs tailored for severe injuries.
- Texas Health Presbyterian Hospital Dallas
- Address: 8200 Walnut Hill Ln, Dallas, TX 75231
- Phone: (214) 345-6789
- Services: Provides emergency care, trauma services, and follow-up treatment for accident-related injuries.
- ChiroConcepts of Dallas Uptown
- Address: 2909 Cole Ave, Suite 205, Dallas, TX 75204
- Phone: (214) 999-1019
- Services: Chiropractic care focusing on spinal adjustments and pain management for accident victims.
- Select Physical Therapy – Dallas
- Address: 8222 Douglas Ave, Suite 700, Dallas, TX 75225
- Phone: (214) 361-0636
- Services: Offers physical therapy services to aid in recovery from injuries sustained in pedestrian accidents.
- UT Southwestern Medical Center
- Address: 5323 Harry Hines Blvd, Dallas, TX 75390
- Phone: (214) 648-3111
- Services: Provides comprehensive medical care, including specialized treatment for traumatic brain injuries and other critical conditions.
- Dallas Injury Rehab Center
- Address: 1111 W Mockingbird Ln, Suite 1100, Dallas, TX 75247
- Phone: (214) 267-2225
- Services: Offers rehabilitation services tailored to accident victims, including massage therapy and chiropractic care.
These resources are designed to provide the necessary medical attention and support to help you recover from a pedestrian accident. Remember, seeking prompt medical care and legal advice is crucial to protect your health and legal rights.
