Filing A Pedestrian Injury Claim
According to the U.S. Department of Transportation, each year approximately 4,000 pedestrians are killed and 59,000 injuries are sustained. Between 2000 and 2009 alone, Transportation for America revealed that 47,000 pedestrians were killed in the United States. According to the National Highway Transportation Safety Administration statistics from 2007, a pedestrian is injured every eight minutes in the United States and killed every 113 minutes.
In 2007, 387 pedestrians died in Texas or approximately one person every day. Because a car weighs at least 3,000 pounds, when this large object composed of metal crashes into more frail flesh and bone, the aftermath can be disastrous. Pedestrian injuries can include broken limbs, brain or head trauma, spinal cord injuries, disfigurement or permanent disability- or emotional injuries such as mental stress. In order to have a fighting chance at recovering damages, you must establish liability by proving negligence.
Negligence & a Driver’s Duty of Care
A driver has a duty of care, and if he/she breached that duty, you could be eligible to receive compensation. At the same time, these cases can be difficult because often there are multiple factors involved- such as comparative negligence. If a car crashed into you while you were illegally jaywalking you are both at fault, because while the driver should have been paying attention and yielding to you, you were breaking the law.
Texas has laws that tell pedestrians where and how a pedestrian can use the road (for instance, keeping to the right side of a crosswalk). When these are violated, a personal injury lawsuit may not be filed. You can prove that the driver was negligent, however, if any of these factors were true: the driver was driving under the influence of alcohol or drugs, the driver failed to signal, disobeyed traffic signs and laws or disregarding weather or traffic conditions, the driver failed to yield the right of way, did not observe the speed limit and was driving distractedly (such as texting while driving). Other aspects of driver negligence can include failure to observe crosswalks and failure to use extra care in areas where children are present (school zones). Texas law states that drivers must avoid colliding with pedestrians but if an accident is unavoidable, they are to give warning by honking their horn.
Secure the Assistance of Zinda Law Group today!
After a pedestrian accident occurs, you should receive damages for your injuries, distress, medical costs and lost earnings. It is important that you talk with a personal injury attorney as soon as possible, so that he/she can advise you about how much compensation you could be entitled to, corroborating evidence, and what to do if the motorist was uninsured. Did you suddenly get into the path of a vehicle? You could be at fault for the accident. Many, intricate rules guide right-of-way, so it is important to examine all the facets of the accident and to talk with someone who is more of an expert about traffic laws and personal injury lawsuits.
After experiencing such a scary and horrible accident with life-altering repercussions, we know that you need someone you can rely upon, who can reassure you and give you counsel you can depend upon. Named Texas SuperLawyers®, Zinda Law Group has a host of qualifications that can make a client feel confident while filing a personal injury claim and either settling it in or out of court. The firm is Better Business Bureau accredited, is a member of the National Trial Lawyers’ “Top 40 Under 40” and is a member of the Million Dollar Advocates Forum. The firm has also received glowing testimonials from past clients. When you want someone to walk you through each legal facet of your case in a calm, kind and helpful manner, Zinda Law Group is the firm for you. One of the best advantages about hiring us is that we work on a contingency basis- so if you don’t recover anything financially, neither do we. Give us a call today!