Frisco Pedestrian Accident Lawyer
Dedicated Pedestrian Accident Lawyer In Frisco, TX
In 2019, 661 pedestrians were killed in traffic-related incidents in Texas, according to the Texas Department of Transportation. In addition, there were approximately 5,000 pedestrians who sustained injuries as a result of being struck by cars. These recent figures are staggering and completely unacceptable, particularly when considering that a significant majority of these car accidents can be attributed to negligent driving. When walking on a sidewalk or attempting to cross the street, it is only natural to expect that other motorists will respect your right to do so. Regrettably, this is not always the reality.
At JML Injury Law, we are dedicated to providing our clients with exceptional representation. Pedestrian accidents in Texas can have severe consequences, especially when they occur on busy streets in the greater Dallas Fort Worth area. However, you should not bear the financial burden alone. If you have been involved in a pedestrian accident, it is important to hold the responsible driver accountable. Contact JML Injury Law today at (214) 764-3600 for a complimentary consultation with our experienced Frisco pedestrian accident lawyer. We will carefully evaluate your case and provide you with expert guidance regarding your legal options.
Drivers And Pedestrians Must Exercise Reasonable Care
A pedestrian’s legal standard is impartial, implying that they are expected to behave in a specific manner in specific situations. This standard applies universally, irrespective of mental capacity or sanity. For instance, if a distracted pedestrian crosses the street without right of way and gets hit by a car with a green light, it would be challenging to argue in favor of the pedestrian.
As a driver, you have a duty to exercise care. This duty is breached if you drive while distracted, exceed the speed limit, fail to yield at a crosswalk or drive under the influence of drugs or alcohol. This responsibility is even greater when it involves children aged 5 to 9 years old due to their unpredictable behavior. If you are aware or should be aware, that small children are playing in an area, you have a duty to exercise extra caution while driving.
Causes of Pedestrian Accidents In Texas: Understanding the Common Factors
Due to the immense force exerted by motor vehicles during accidents, pedestrians often endure severe, life-threatening injuries or worse. It is widely recognized that a significant portion of pedestrian accidents stem from driver carelessness or inattentiveness. Distractions like mobile phones, passengers, eating, drinking, and other diversions divert drivers’ attention from the road. Tragically, pedestrians are being struck and killed by motorists on a daily basis. It’s important to note that distractions cannot excuse these accidents and frequently lead to serious injuries or even wrongful death. In addition to distractions, some of the most common causes of pedestrian accidents include:
- Improper lane use
- Unmarked crosswalks
- Left-hand turns
- Quiet cars
- Dark clothing
- Alcohol or drugs
- Arterial roadways
Pedestrian and automobile collisions occur due to various factors. While some of the mentioned factors may seem uncommon, they have a significant impact on causing life-altering injuries to pedestrians. With the population and popularity in cities like Dallas and Fort Worth on the rise, the likelihood of pedestrian accidents increases. The presence of high-speed roads with multiple lanes, coupled with the growing number of pedestrians walking and driving, will inevitably lead to more pedestrian accidents in the greater Dallas Fort Worth area. This prospect instills fear in many individuals.
Pedestrians Have A Right To Pursue Damages
Many pedestrians are unaware of their rights in the event of an accident. It’s important to know that you are entitled to certain benefits, similar to those covered by a driver’s auto insurance policy, even if you weren’t in a vehicle at the time of the incident. The losses suffered as a result of a pedestrian accident are referred to as damages. These damages can include both tangible and intangible losses, for which you can seek economic and non-economic compensation. By understanding the different types of compensation available, you can better navigate the legal process and seek the appropriate restitution for your injuries.
- Medical bills
- Lost wages
- Lost earning capacity
- Emotional trauma
- Pain and suffering
- Disfigurement or disability
- Diminished quality of life
- Loss of household services
When evaluating a pedestrian accident case to determine the appropriate compensation, insurance adjusters take into account several crucial factors:
- How severe the injury is, such as a spinal injury or one that resulted in a disability
- Duration of medical treatment required
- Statements made by you, the driver, and eyewitnesses
- Strength of available medical evidence, such as doctor notes, ER documentation, and surgical reports
- Impact of the injury on your daily routine
- Proof of the driver’s negligence
- Total days you were unable to work
- Insurance coverage available
- Total expenses incurred from the accident
Dallas Pedestrian Accident Statistics
Regrettably, a significant number of accidents involving pedestrians occur throughout the United States. According to the CDC, in 2020, there were over 7,000 pedestrian fatalities, equating to approximately one death every 75 minutes. In Dallas, TX, there were 662 pedestrian fatalities in 2019, which increased to 715 in 2020, and further rose to 824 in 2021, as reported in the Texas Department of Transportation’s crash statistics.
The majority of these accidents (92%) took place on surface streets, while the remaining 8% occurred on freeways. Failure to yield the right-of-way to pedestrians was the most common contributing factor (48%), followed by speeding (24%), and pedestrians crossing outside of designated crosswalks (14%).
Alcohol played a role in 16% of the accidents, and cell phone use was a factor in 8% of the incidents. These statistics emphasize the importance of both drivers and pedestrians taking precautions to prevent accidents. Drivers should always yield to pedestrians, and both drivers and pedestrians should avoid engaging in distracting behaviors, such as using cell phones.
Frequently Asked Questions
When Is A Driver At Fault For A Pedestrian Accident?
If a car hits a pedestrian, the driver can be held accountable for the incident under the following circumstances:
- Failing to yield the right of way at a crosswalk
- Failing to pay attention, slow down, and yield to a pedestrian who is already in the lane crossing the road
- Failing to make space for a pedestrian walking along a roadway
- Turning into or across the path of a person walking along the sidewalk
- Acting intentionally to harm a pedestrian by using the car to intimidate the person or throwing something from the vehicle at the pedestrian.
When Does A Pedestrian Have The Right-Of-Way?
At crosswalks, it is a requirement in all states for drivers to yield to pedestrians. If a motorist is approaching and a pedestrian is in a crosswalk, the driver of a car must yield if:
- No traffic control signal is in place or in operation, and
- The pedestrian is on the half of the roadway in which the vehicle is traveling; or
- Approaching so closely from the opposite half of the roadway as to be in danger.
Moreover, it is illegal to overtake a vehicle that has fully halted at a pedestrian crosswalk. Committing this offense is considered negligence per se for tort liability in the event of an accident, as stated by criminal law. Engaging the services of a proficient Frisco pedestrian accident attorney can provide you with a deeper understanding of these regulations.
What Are The Statute of Limitations For Pedestrian Accidents In Texas?
The statute of limitations is the legal time limit within which you must file a specific type of legal case. This time limit can vary from state to state, underscoring the importance of consulting an experienced personal injury lawyer in Frisco, TX to ascertain the statute of limitations pertaining to your particular case.
Typically, in Texas, the statute of limitations for filing a personal injury case is two years. This implies that from the date of your pedestrian accident, you will have a two-year window to initiate your claim. Failure to do so may preclude you from receiving any form of compensation. By enlisting the services of our Frisco pedestrian accident lawyer at JML Injury Law, you can find solace in knowing that your case will be filed promptly and efficiently.
Contact Our Frisco Pedestrian Accident Lawyer Now
At JML Injury Law, our Frisco pedestrian accident lawyer understands the gravity of such incidents and is dedicated to holding the responsible party accountable. Whether you have been personally affected by a pedestrian accident or have tragically lost a loved one due to someone else’s negligence, we are here to help.
Our experienced personal injury legal team will thoroughly investigate your case and skillfully represent you in court. We are committed to ensuring that you receive the compensation you rightfully deserve, and your best interests are always our top priority. If you have been a victim of a pedestrian accident in Texas, don’t hesitate to contact JML Injury Law now at (214) 764-3600 for a no-obligation consultation.