Our Dallas Pedestrian Injury Attorney will protect your rights after a pedestrian involved accident.
As a pedestrian, you are one of the most vulnerable entities on the road during an accident. Between cars, trucks, motorcycles, bicycles, and pedestrians; behaving safely and legally on the roads is a responsibility due to all modes of transportation, especially those who are driving the larger and more menacing vehicles. This is where you need an experienced Dallas Pedestrian Injury Attorney to protect your rights.
What Do Pedestrian Accidents Entail?
Unexpected accidents can cause devastating injury, sometimes resulting in death. Extensive injuries can incur significant medical expenses, emotional duress, pain, and suffering, among other sufferings that possess the legal right for the claim of compensation.
A collision between a pedestrian and vehicle often leaves the pedestrian at the hands of the vehicle operator and their insurance company. Different factors contribute to the dangerous situation and leave the victim with various injuries such as, but not limited to:
- Road rash
- Broken or fractured bones
- Torn Ligaments
- Nerve Damage
- Spinal Injuries
- Brain Damage
Summary of Laws Surrounding the Pedestrian Accidents
The negligence that contributed to the dangerous situation between a vehicle and a pedestrian hinge on the duty of care owed by each party.
There are rules of the road that hold both parties responsible and are examined in the context of the situation. The driver of the vehicle’s duty of care includes, but is not limited to, distracted driving, traveling at speeds above the speed limit, failure to yield to pedestrian’s right of way, failure to signal while turning, or driving under the influence.
The pedestrian must exhibit responsibility for their protection and safety as well. Contributory negligence may be considered within the context of the situation; the responsibility of care must be proportionate to the danger of the situation. Some of the most common examples of contributory negligence factors are: disturbing the flow of traffic by entering, failure to use marked crosswalks, moving in front of a vehicle, or ignoring the “walk” signal at an intersection.
In some cases, contributory negligence on behalf of the property owners or possessors may be present; the laws of premises liability control these possible claims. A duty to warn people of hazards and maintain the property lies in the hands of the property owner or possessor.
Knowledge of the dangerous condition can be confirmed by exhibiting that:
- The property owner created the dangerous condition;
- The owner was aware of the condition and neglected to provide a solution to the issue;
- The condition was present for an extended length of time that it should have been addressed and discovered.