Careless Motorists Cause Pedestrian Accidents

The Dallas-Fort Worth metroplex, including Garland, ranks dangerously high among other areas of Texas for pedestrian accidents and fatalities. Most are caused by motorists driving negligently—although pedestrians sometimes contribute to accidents, too, such as by jaywalking. Common reasons motorists collide with pedestrians include:

  • Distracted driving, using cell phones, eating, drinking, or focusing attention on something other than the road
  • Driving under the influence of drugs or alcohol, which impairs judgment and reaction time
  • Speeding in areas with a lot of pedestrians
  • Failure to use a turn signal
  • Ignoring pedestrians in crosswalks

When an injured pedestrian seeks compensation by filing a personal injury lawsuit, the negligence of the motorist must be proven. When motorists get behind the wheel, they implicitly agree to drive safely like a reasonably prudent person in a similar situation would. If they act below that standard by breaking any traffic law, their actions fall below the duty of care. If they cause an accident and a pedestrian is hurt, they can be required to compensate the pedestrian for physical, emotional, and financial losses.

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When a Pedestrian Is Partly to Blame for an Accident

Texas and 31 other states have adopted a modified comparative negligence rule, sometimes called the 51 percent rule. The jury examines the evidence and assigns a percentage of blame for the accident. Pedestrians found less liable than the motorist can collect the damages award. However, the motorist will only have to pay the percentage of the damages the court assigns. If the damages are $1 million and the motorist’s blame for causing the accident is 70 percent, the compensation will be reduced to the motorist’s percentage of responsibility, or $700,000. Injured pedestrians should consult with an experienced lawyer in Garland to discuss their role in causing an accident.

Punitive Damages May Be Available for Pedestrian Injuries

Along with compensatory damages that reimburse plaintiffs for monetary and subjective losses, punitive damages—although rare—may be awarded if a defendant acted with outrageous disregard for the danger to others. Punitive damages awarded by a jury are subject to review and adjustment on appeal, and there are statutory caps on punitive damage awards when the defendant is a state entity.

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A Garland Pedestrian Accident Attorney Walks with You

If you are walking around Garland and a motorist runs into you, your injuries are probably severe, requiring frequent medical attention. You are likely in pain, and you cannot work or enjoy the companionship of your spouse or children right now. Do not despair. Our team of compassionate attorneys want to help by handling the legal ramifications of the accident. You will need someone to negotiate with insurance companies or protect your rights in court by seeking justice through a monetary award. Call a Garland pedestrian accident lawyer to discuss your case. We walk with you.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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