Pedestrian accidents are among the deadliest—as resilient as the human body is, it is no match for a two-ton car barreling toward you. As a pedestrian walking near active roadways, you must stay mindful of your surroundings. If you cannot walk on one of the many trails in and around Garland, being vigilant as you walk near motor vehicle traffic could save your life and lessen your injuries if you have a few seconds to dodge a negligent driver.
If you are hit, your injuries could take months to heal, with some catastrophic collisions leaving pedestrians in rehabilitation for years. You are bound to be worried about expensive therapy, how much work you will miss, and your paycheck. If a reckless driver injured you, get in touch with a committed personal injury attorney as soon as possible. A Garland pedestrian accident lawyer could seek financial compensation to help you recover for the full impact of your losses.
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:
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.
Enlisting the help of a seasoned Garland pedestrian accident attorney to handle legal matters is crucial. Injured pedestrians get one chance to recover money that must see them through medical treatment, compensate them for the wages they lose, and reimburse them for irreparable harm like disfiguring injuries or paralysis. Injured pedestrians are often times under compensated when they settle for the first offer an insurance adjuster makes. It is crucial for an injured person to speak to an attorney before attempting to negotiate with an insurance adjuster so they can make an informed decision before resolving their claim.
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.
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..
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.
McCraw Law Group