Walking is an excellent way to get around Dallas. Whether heading to work or going to the store, traveling on foot offers exercise and fresh air. Pedestrians aren't the only ones on the streets, though. Cars, trucks, and motorcycles could veer off course and cause catastrophic injuries through accidents. Pedestrian accident victims could suffer long-term injuries and death. If one is struck by a motor vehicle while walking, one might qualify to file pedestrian accident claims. Compensation can help them get their life on track by reimbursing them for damage. However, it's crucial to have a Dallas pedestrian accident lawyer on one's side, and a personal injury law firm is the best choice. Schuerger Shunnarah Trial Attorneys has a saying: "We Go to War for You." This means the personal injury lawyers here care and will fight to create an injury claim proving driver negligence. Call the law firm at (833) 692-5308 for a free consultation.
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“When you get hurt, you need someone on your side who understands how things work here.”
What Our Clients Have To Say
I have worked with Schuerger Shunnarah twice and they have been very helpful on my personal injury cases. They went above and beyond my expectations and did a great job both times.
- Ashley C.
Schuerger Shunnarah helped me receive a settlement on my case in just months. I was treated with respect and dignity. Thanks to their help, I have been able to get my life back to normal.
- Michael S.
They provided me with excellent service throughout my personal injury case. They were available to answer my questions and helped me understand the process. I am very grateful for them!
- Deshawn B.
Compensation Options for Pedestrian Accident Victims
Victims of pedestrian accidents often recover compensation through an insurance claim settlement or lawsuit. They cover many types of losses or damages. The first type is economic damages, which account for:
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Upfront medical expenses and long-term bills
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Reduced earning capacity
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Lost wages/lost income
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Property damage
Generally, pedestrian accidents don't only take a financial toll and can also cause emotional injuries. Living with a debilitating and lifelong injury could impact one's mental health. These losses are called non-economic damages and can include:
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Physical disability
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Pain and suffering damages
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Disfigurement
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Reduced life enjoyment
Together, all of these damages will make one whole again. They can't turn back time to prevent the accident, but they help one recover. That's why it's crucial to file a pedestrian accident claim as soon as possible.
Dallas Pedestrian Accident Information Center
What to Do After Losing a Loved One
The Texas Department of Transportation reported that 2021 saw almost 850 pedestrian accident fatalities. This is an unfortunate reality; many victims lose their lives after being hit by a car.
Pursuing compensation for a lost loved one is never easy, and it's crucial to have a Dallas pedestrian accident attorney who understands what the victims are going through. By assisting, Schuerger Shunnarah Trial Attorneys strikes to offer relief to the family. They could qualify for unique damages, including:
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Burial expenses
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Funeral expenses
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Loss of a close personal relationship
Chapter 71 of the Texas Civil Practice and Remedies Code claims that only some individuals can file a wrongful death case, such as:
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Children of the deceased
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Parents of the deceased
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Spouse of the deceased
If none of those parties pursues an injury claim within three months of that death, the estate representative may do so. This is often a state appointee or family member who oversees the deceased person's finances, debts, and other obligations. Schuerger Shunnarah Trial Attorneys can explain eligibility for wrongful death cases more thoroughly.
Things Are Time-Sensitive
The Texas personal injury statute of limitations is what determines how long pedestrian accidents have for filing suit. If the victim doesn't meet that legal deadline, they can't file a lawsuit.
Since they are personal injury cases, they're subjected to the statute of limitations, which is two years from the accident date. It's wise to speak with a pedestrian accident attorney to determine if there is a case before that time frame ends.
What's a Typical Case Worth?
There isn't an "average" value provided for a pedestrian accident case because they are all unique. For example, one could involve some broken bones that will heal within a few months. However, another might lead to a traumatic brain injury or life-long paralysis.
Several factors will impact the value of a case. These include:
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The severity of the injuries
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The outcome of the settlement negotiations
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The amount of evidence available in the case
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Whether one is pursuing a wrongful death or personal injury case
The Dallas pedestrian accident lawyer can help victims estimate the value of their case, but the preliminary amounts aren't a guarantee. However, they prepare people for settlement negotiations so that they aren't fooled into taking an unfair offer.
Schuerger Shunnarah Trial Attorneys has handled many motor vehicle accidents in the past, and some have included severe injuries. It's important to work with a law firm that cares, and this one's motto is: "We Go to War for You."
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Who Can Dallas Pedestrian Accident Attorneys Sue?
Lawsuits are often common in the media, appearing in movies, television shows, and books. Therefore, many victims believe they have to find the person to sue after the incident. However, most pedestrian accidents are settled without a lawsuit through out-of-court settlements and insurance company claims. One can recover compensation through them.
Generally speaking, liability focuses on legal responsibility. Who caused the accident is the one liable for repaying the victim through a settlement as long as they can prove they caused it. Therefore, the attorney's goal is to locate that person. In pedestrian accident cases, the liable party can be:
The Vehicle Driver
The truck, motorcycle, bus, or car driver's negligence could have caused the accident, leading to minor or serious injuries. Before the incident, they could have been:
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Drunk driving
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Speeding
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Ignoring roadway regulations and traffic signals
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Distracted driving
Such negligent behavior can lead to fatal injuries. Therefore, the victim has the right to file a claim with the driver or their insurer.
The Vehicle or Parts Manufacturer
Parts and vehicle manufacturers have a responsibility to provide products that are safe to use. If a faulty part or vehicle caused the pedestrian accident, one or more parties could be held liable. They include:
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Safety inspectors
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A parts distributor
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A parts manufacturer
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A vehicle dealership
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A vehicle manufacturer
The Municipality Responsible for Roadway Safety
The city of Dallas must maintain road safety, and a failure to do this could lead to:
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Lack of proper roadway signs
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Potholes
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Debris on the road
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Other dangerous conditions
If a victim believes that a Dallas agency or municipality caused the accident, they have about six months to file a claim notice as per the Texas Civil Practice and Remedies Code section 101.101. Therefore, Schuerger Shunnarah Trial Attorneys advises them to seek legal representation quickly because these pedestrian accident cases are often more complex than others.
Trucking Companies and Truck Drivers
Truck drivers spend much of their time on interstates to transport goods across state lines. Therefore, it's rare for an 18-wheeler or large truck to cause an accident. However, it's not impossible. The liable parties involved in pedestrian accidents from trucks include:
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The truck driver
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The trucking company
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The business responsible for outfitting or loading a truck
In Texas, there's a legal doctrine called "respondeat superior" or vicarious liability. This means that an employer could be held liable for the actions of the employee. A victim can seek compensation from the trucking company if the driver caused an accident.
Some inactions and actions that lead to trucking company liability could include:
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Not regularly inspecting vehicles
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Failing to drug test drivers
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Hiring inexperienced drivers and not offering appropriate training
Vicarious liability is strict. Therefore, the employer isn't held liable if the employee wasn't operating within the scope and course of the employment agreement. For instance, the trucker uses a company vehicle to visit the bar after clocking out, which means the victim can't sue the employer.
Overall, these types of cases are highly complicated. The Dallas pedestrian accident lawyers at Schuerger Shunnarah Trial Attorneys can act as a legal guide throughout the process and has answers. They will investigate the case and determine who is responsible for the victim's damages.
Client Testimonial
They were polite and really cared throughout the entire process and made me feel like my case was important. I would highly recommend them to anyone that didn’t get a fair offer from the insurance company like me!
- Brian D.
How Do Dallas Pedestrian Accident Lawyers Prove Liability in Dallas?
Proving liability is a multi-step process. First, the lawyer must review the evidence for the case. For pedestrian accident cases, this can include:
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Traffic camera footage
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Phone videos
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Eyewitness interviews
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Expert witness statements
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Crash reports
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Police reports
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Images of the injuries
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Images of the accident scene
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The victim's medical records
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Images of damaged property
It's a time-consuming process to gather such evidence, so it could take months to build a case. Most victims are dealing with injuries and can't investigate themselves. Therefore, it's crucial to work with the Dallas pedestrian accident lawyers at Schuerger Shunnarah Trial Attorneys for the best results.
Establishing Liability
Generally, gathering evidence is the first step. Once the lawyer has laid the groundwork, they focus on establishing negligence.
In the pedestrian accident context, this negligence refers to any behaviors that could endanger pedestrians. For example, negligent behavior could be caused by running a red light when a pedestrian is using a crosswalk to cross the street.
To win the case, one must show that the liable party was negligent in their behavior. Doing this requires proving four elements of negligence:
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The At-fault Party Owed a Duty of Care - This element is often given in pedestrian accident cases because all drivers on the road owe a duty of care to pedestrians or a responsibility to protect them from harm.
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The At-fault Party Breached That Duty - Breaches of duty involve negligent behavior. Therefore, the driver might have caused the accident because they were intoxicated and weren't upholding that duty of care.
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The At-fault Party Caused the Accident - If the driver was drunk, they might have failed to stop, hitting the victim while they crossed the street. That breach of duty caused the accident.
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The Victim Suffered Damages - Let's say that the victim suffered neck injuries and broke both legs in the accident. The lawyer will review the medical records and determine the extent of the damages.
What If the Victim Was Partially Responsible for the Pedestrian Accident?
Both parties could be partially at fault in a pedestrian accident. For example:
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A pedestrian was jaywalking, which is against the law.
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A pedestrian was texting on the phone as they stepped in front of a vehicle.
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A pedestrian was drunk and ended up stumbling into the street.
In the above examples, the pedestrian was partially responsible for causing that accident. Therefore, they may avoid filing a claim. They could still collect compensation because Texas law uses comparative fault. The rule means:
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If the victim was less than 50 percent responsible, they can pursue compensation.
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The compensation award corresponds to the degree of responsibility.
It's wise to speak with the pedestrian accident attorneys at Schuerger Shunnarah Trial Attorneys to determine how at-fault the victim was and whether they should pursue a claim.
Don't Wait to Start on the Pedestrian Accident Case
In most cases, pedestrian accidents get settled without a lawsuit. However, it's best to start on the case immediately because lawsuits can be bargaining chips. The insurers might cooperate better if they know the victim can file a lawsuit.
What to Do After the Pedestrian Accident
Here are the things a victim should do after the incident:
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Get Medical Attention - Most pedestrian accident injuries don't reveal themselves until after the initial impact. Seeing a doctor is the best way to record the problems, which is valuable evidence.
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File a Police Report - If the police weren't at the accident scene, it's wise to file a police report.
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Gather Information - Take photos of the injuries and crash scene. Get contact information from the other parties involved. The Dallas pedestrian accident attorney can fill in the other gaps.
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Consider Legal Representation - Review law firm options in the area.
Pursuing Compensation for Dallas Pedestrian Accidents
As noted earlier, lawsuits are not the only way to settle a pedestrian accident. There are three ways:
Insurance Claims from the Insurance Company
In Texas, drivers require liability insurance, which compensates people injured in pedestrian and car accidents. Liability insurance claims are more common for individual drivers. However, municipalities and trucking companies often require liability insurance from an insurance company.
The minimum amount of liability insurance for an individual driver in Texas is:
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$30,000 injury coverage per person
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$25,000 property damage coverage per accident
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$60,000 injury coverage per accident
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To secure compensation, one must file a claim with the driver's insurer or another relevant party. Then, the insurance company offers a settlement amount. Adjusters are generally more concerned with saving as much money as possible and can reduce the value of the claim by:
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Discouraging the Victim from Hiring Dallas Pedestrian Accident Attorneys - Don't listen to the insurers; victims have the right to full legal representation.
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Suggesting That the Injuries Aren't Severe - A lawyer can help victims prove the value of their case.
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Asking That Victims Provide a Recorded Statement - It's wise not to give a statement to the insurer without a lawyer's assistance because the insurance company will try to use those words against them later.
Out of Court Settlements
Lawsuits don't have to end in a trial. To avoid this, both parties can enter into settlement negotiations. Sometimes, they happen between the legal teams, but a third-party mediator can also be involved.
Mediation is often best after a pedestrian accident. Lawsuits are often expensive and time-consuming.
Civil Trial
The victim might have to go to trial after the accident, such as when:
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The at-fault driver didn't have insurance.
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Mediation and settlement negotiations don't produce a suitable outcome.
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Insurance negotiations fall through.
Pedestrian accident civil trials include these steps:
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Research - The pedestrian accident lawyer determines what type of legal case to pursue.
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File the Suit - The victim files the lawsuit and notifies the other party that this occurred.
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Discovery - During this phase, both sides gather evidence, such as medical bills, witness interviews, and all the rest.
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Pre-trial Settlement - The victim has the right to settle out of court, and both legal teams could discuss options. If they fail to agree, that case goes to trial.
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Civil Trial - Both sides make their case.
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Verdict - The jury or judge makes a judgment on the case, which determines if the victim gets compensation and how much. Appeals are possible.
Common Mistakes People Make After Pedestrian Accidents
Doing the wrong things after the accident might jeopardize the case. Therefore, Schuerger Shunnarah Trial Attorneys recommends clients not do these things:
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Speak to insurers alone
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Ignore doctor's orders
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Post information on social media
Risk Factors for a Pedestrian Accident
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Pedestrian accidents occur most frequently in urban areas.
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They happen outside of intersections.
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They occur frequently on the weekends and at night.
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Most pedestrian accidents in 2019 included alcohol.
It's crucial to work with a Dallas pedestrian accident attorney at Schuerger Shunnarah Trial Attorneys!
Working with a Dallas Pedestrian Accident Lawyer
The Dallas pedestrian accident lawyers at Schuerger Shunnarah Trial Attorneys can be the victim's legal representative. Whether a loved one was lost or the victim is recovering from a serious injury, this law firm can assist.
After suffering from a pedestrian accident, it's crucial to get fair compensation. Someone should pay for their mistake. Contact the law firm at (833) 692-5038 for a free consultation today!