Dallas Pedestrian Accident Lawyer
Pedestrian Accident Statistics
Pedestrian traffic accidents often result in catastrophic bodily injuries or death. According one report, Dallas had the fifth highest pedestrian traffic fatality rate among the nation’s 25 largest cities and the highest rate among Texas’s six largest cities.
The following map highlights the Dallas highways and roadways on which there have been multiple pedestrian accidents resulting in a fatality or severe injury.
Pedestrian Accident Claims vs. Car Accident Claims
Navigating the aftermath of a traffic accident can be daunting, especially when understanding your rights and the potential for compensation. Two of the most common scenarios on our roads are pedestrian accidents and car-to-car collisions. While both arise from vehicular incidents, personal injury claims arising from pedestrian accidents are distinct from claims arising from car accidents in a variety of ways.
Who’s Involved?
One primary difference lies in the parties involved. A pedestrian accident refers to a collision in which someone driving a vehicle hits someone on foot. Conversely, car accidents primarily concern the drivers or passengers of two or more vehicles that collide.
Injury Severity
Injury severity tends to vary between the two scenarios. Given the lack of any protective barrier, pedestrians often bear the brunt of the impact, leading to more severe or even catastrophic injuries.
On the other hand, those inside a car have some level of protection, which might mitigate injury severity. However, it’s worth noting that high-speed car collisions can still lead to significant and life-altering trauma.
Determining Fault
Determining fault and liability also presents unique challenges. For pedestrian accidents, there’s often a presumption that the driver holds the responsibility. This isn’t, however, always clear-cut. Shared fault scenarios may arise in certain situations. For example, a pedestrian may be partially at fault for the accident if they were jaywalking or intoxicated at the time of the accident.
In car-to-car collisions, the situation can be more complex, especially when multiple vehicles are involved, making it essential to conduct a thorough investigation to ascertain liability.
Insurance Matters
Insurance considerations differ markedly too. For injured pedestrians, compensation typically stems from the driver’s insurance. But if the driver is underinsured or uninsured, the pedestrian’s insurance might come into play.
In the realm of car accidents, the claims predominantly target the at-fault driver’s insurance. In situations where fault is shared, however, claims can span multiple insurance policies.
Types of Damages
The types of damages sought in claims reflect the nature and gravity of the accident. Pedestrians, due to the potential severity of their injuries, might find their claims encompassing extensive medical bills, costs for ongoing therapy, compensation for lost earnings, and damages for emotional distress. For car accidents, while medical expenses are common, claimants also seek reparations for vehicle damage, alongside compensation for any pain, suffering, and lost wages.
Types of Pedestrian Accidents
Pedestrian accidents can occur in various scenarios, each with its own set of causes and dynamics. Here’s a list of different types of pedestrian accidents:
Pedestrian Crosswalk Accidents
These occur when pedestrians are struck by vehicles while walking within a crosswalk. Drivers failing to yield the right of way often cause these accidents.
Pedestrian Sidewalk Accidents
Vehicles veering off the road and onto the sidewalk can hit pedestrians. This can be due to driver distraction, intoxication, or loss of control.
Pedestrian Parking Lot Accidents
These accidents happen in parking lots or parking garages when drivers are backing out of spaces or not paying attention to foot traffic.
Pedestrian Intersection Accidents
These occur at intersections where drivers may fail to yield, are speeding, or run red lights or stop signs.
Pedestrian Driveway Accidents
These often involve children and occur when a vehicle is backing out of a driveway.
Remember, while these describe general scenarios, each pedestrian accident is unique and might not fit neatly into one category.
Bottom Line
While both claim types revolve around vehicular incidents, their nuances differ significantly. If you’ve been involved in a pedestrian accident, Wagoner Law Firm can help you navigate the complexities of your claim.
