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How to Make a Pedestrian Injury Claim in Dallas

If two cars get into a crash it is scary and dangerous- but a pedestrian accident is perhaps even more so. Minding your own business, perhaps walking or biking with family or friends, out of the blue you are hit by something that is more than three times your size and which weighs roughly 4,000 pounds. The harm incurred can be astronomical.

According to the US Department of Transportation, each year there are approximately 4,000 pedestrian deaths and 59,000 pedestrian injuries. Transportation for America revealed that, "More than 47,000 pedestrians were killed in the U.S. between 2000 and 20009." When a pedestrian accident occurs, it is not uncommon for the victim to sustain serious injuries such as:

  • Brain/head trauma
  • Spinal cord injuries
  • Disfigurement
  • Broken limbs
  • Permanent disability

After you have received the medical attention you need, is there anything else you can do? Is there any way you can pursue justice and stop feeling like a victim?

Establishing Negligence

One of the most important things you can do in the aftermath of a pedestrian accident is to file an injury claim. If the driver was at fault (proven to be the one negligent), you can collect damages.

However, sometimes the driver and the pedestrian could both be at fault, for instance- a driver could have crashed into you while you were illegally jaywalking. Pedestrian claims must be justified. If there was no third party negligence, your claim will be thrown out. Other pedestrian errors can include: failing to use crosswalk, darting in front of vehicles, disrupting the flow of traffic by entering a stream of traffic, or ignoring the walk signal on a crosswalk. In order to make a successful pedestrian injury claim, you must show:

  • Negligence
  • Liability

A driver has a duty of care, and when he/she neglects this duty, they can be deemed at fault. How can you know if a driver did not exercise "reasonable care?" Below is a list of common driver negligent actions:

  • Driving under the influence of alcohol or drugs
  • Failing to signal
  • Disregarding weather or traffic conditions
  • Disobeyed traffic signs/laws
  • Failure to yield the right of way
  • Failure to observe posted speed limits
  • Distracted driving

You will want to make sure you report the accident to the police and get the name, address and insurance details of the other party. It is also helpful to record any imperative information about the accident so that you won't forget it and to hire a qualified personal injury attorney immediately.

Receive legal help today!

A personal injury attorney from Zinda Law Group can help you with more of the complex and intricate details surrounding filing a claim and can answer important questions such as how much compensation you could receive and how to reach an immediate settlement with an insurance company.

If you or a loved one was severely injured in a pedestrian accident, we can help you fight for the damages you deserve, such as compensation for medical bills or loss of wages. We can also help you stand up against any third party that might have been negligent and thus culpable for the injuries you sustained.

Perhaps a driver was not the one to blame. Often a city can be responsible for an accident, if a faulty design of a road or traffic control device contributed to an accident. At other times, a construction crew could fail to provide proper cones, signs and other safety measures. Or perhaps the area in which the accident occurred simply has bad lighting. Regardless of the scenario, pursue justice and compensation today by giving our firm a call. Our Personal Injury Attorneys can provide you with the aggressive representation you are looking for!



 

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