I Was Hit By A Car While I Was Walking. Do I Have A Case?

I Was Hit By A Car While I Was Walking. Do I Have A CaseThe weather outside is wonderful, and that means that more and more people are going to be taking leisurely strolls in their neighborhoods, jogging around town and cycling. When you go walking or biking, a part of you may fear being hit.  That is a perfectly legitimate fear. Inattentive drivers are out there. If you or someone you know has been injured in a pedestrian accident, know that you may have a personal injury case and be entitled to compensation.

How common are pedestrian accidents in Texas?

Since Texas is one of the most populous states, with several urban cities such as Dallas, Austin, Houston and San Antonio, the number of pedestrian accidents is higher than many other states. In 2010, there were 345 pedestrian fatalities in Texas, and even more accidents where victims survived. While that figure is low compared to the number of total traffic deaths, it still counts.

Who is at fault in a pedestrian accident?

When individuals are involved in a pedestrian accident, you have to look at the incident from all angles. Did the driver disregard traffic signals? Was the driver under in the influence of drugs or alcohol? Was the pedestrian using a crosswalk? Was the pedestrian following the crosswalk signals correctly?

In some cases, another factor could have contributed to the accident. For example, what if a driver was paying attention while driving, but tried to dodge a dog in the road, yet hit a pedestrian. What if there was inclement weather out and the driver honestly couldn’t see someone walking? Drivers and pedestrians alike must always be on the lookout and alert.

The driver and pedestrian can both be responsible for the accident. In Texas, pedestrians do not always have the right of way. Texas is also a comparative fault state; therefore, someone has to be found more than 50% responsible to be held liable.

No matter who is at fault, it is usually the pedestrian who suffers the most. A pedestrian, unlike the operator of a motor vehicle, has no safety net. There is no airbag, seatbelt or a several-ton car to protect pedestrians from injury. Broken bones, brain injury and paralysis are possible outcomes.

So how do you determine who is at fault? That’s when a personal injury lawyer should step in.

Where do most pedestrian accidents occur?

Children and the elderly are the most prone to pedestrian accidents. Pedestrian accidents can happen anywhere. Just look at what happened in Austin during the annual SXSW Music Festival. However, pedestrian accidents most frequently occur at parks, playgrounds, schools and school zones, neighborhoods and residential areas, and crosswalks.

Do you need to hire a personal injury lawyer?

A pedestrian accident is not always cut and dry. One thing is for certain: they are often very painful for the victim and their loved ones. You need someone to evaluate your case from every perspective. If you win, damages could help cover medical treatment, lost wages and prolonged medical care. North Dallas personal injury lawyer Amy VanDeLoo provides legal services to the communities of Plano, Allen, Frisco and McKinney. She can find and speak with witnesses of the accident, consult law enforcement officials at the scene, and craft a strong case in order to get you the compensation you need to move on. If you or a loved one have been the victim of a pedestrian accident, contact the VanDeLoo Firm at 972-200-5080 today for a free consultation.