Pedestrian Accident Lawyer Fort Worth
Brad Parker, the founder and pedestrian accident lawyer, Parker Law Firm. Speaks about what you should look for when hiring an personal injury attorney.
The Texas Department of Transportation reported 841 pedestrian deaths in 2022, which is a 15% jump from 2021. Texas is one of just seven states that accounts for more than 50% of pedestrian fatalities nationwide according to the North Central Texas Council of Governments. Fatality rates consistently above the national average have been the reasoning behind the Federal Highway Association designating Texas as a pedestrian “Focus State.”
Pedestrians are among the most vulnerable road users because they aren’t equipped with protective equipment such as airbags or seatbelts. The top factors contributing to traffic crashes in Texas involving pedestrians are:
- Pedestrians failing to yield the right-of-way to vehicles
- Distracted driving
- Drivers failing to yield the right-of-way to pedestrians
Highly recommend! They always take care of their clients! Top notch service.–Sabrina F., Parker Law Firm client
Damages A Pedestrian Lawyer Can Seek
Pedestrian accidents exact a financial and emotional toll, which is why damages are split into two categories, economic and non-economic.
Economic damages cover:
- Present and future medical bills
- Lost wages
- Reduced earning capacity if you were seriously injured
- Property damages
Non-economic damages reimburse you for:
- Pain and suffering
- Mental anguish
- Reduced quality of life
Wrongful Death Damages
If you lost a loved one in a pedestrian accident, our Fort Worth pedestrian lawyers care and want to support accident victims and their families. A positive case outcome can be life changing for those who’ve lost a loved one. We can pursue these wrongful death damages on your behalf:
- Burial expenses
- Funeral expenses
- Lowered familial earning capacity
- Loss of a close relationship
Under Texas Civil Practice and Remedies Code § 71.001, only certain parties can pursue wrongful death damages. Typically, these parties include:
- A deceased person’s parents
- A deceased person’s child
- A deceased person’s spouse
Who Can Be Held Liable in a Pedestrian Accident Case
Pedestrian accidents are often preventable. They take place when one or more parties are negligent, or careless. In a pedestrian accident claim, the liable or at-fault party could be:
- The Driver
Drivers are often responsible for pedestrian collisions in Fort Worth, especially in busy areas such as downtown. Driver errors such as distracted driving and failing to yield a pedestrian the right-of-way increase the risk of pedestrian accidents. All drivers in Texas must carry minimum amounts of liability insurance to pay for any accidents that they cause.
- The Driver’s Employer
If the driver was on-duty for their job, such as driving for a delivery or rideshare service, the employer may be held liable for the driver’s mistakes. Holding an employer responsible could result in better insurance coverage.
- The Government
Some pedestrian accidents are caused by road defects, such as poorly designed intersections or large potholes. If the crash took place on public property, victims may be able to hold the government responsible. If the accident too, place on private property, liability may go to the property owner.
- The Pedestrian
A pedestrian can cause or contribute to an accident by breaking traffic laws, ignoring crosswalk signals, jaywalking or walking while distracted. Whether or not the pedestrian will be held fully liable for the wreck will depend on the scenario.
Most Common Injuries
- Soft tissue damage: This type of injury encompasses contusions, lacerations, strains, sprains, dislocations and tears. While it typically takes someone less time to recover from a soft tissue injury compared to other common pedestrian accident injuries, this kind of injury can result in severe pain, scars, and sometimes long-term problems.
- Broken bones and bone fractures: Pedestrians frequently fracture their wrists, arms, hands, shoulders, legs, and back in accidents. Serious bone breaks can also occur, including compound fractures where the broken bone punctures through the skin. These types of injuries are often extremely painful and can cause long-term problems.
- Traumatic brain injuries: Head and brain injuries, including TBIs and concussions, can be life-altering and are common in accidents involving pedestrians. All it takes is a forceful blow to the head to inflict serious injury. Common symptoms of a TBI include loss of consciousness, headaches, vomiting, nausea, fatigue, drowsiness, difficulty speaking, sleep problems, dizziness, loss of coordination, sensitivity to light or sound, mood swings, depression, anxiety, and problems concentrating.
- Spinal cord injury: While car accidents are the leading cause of spinal cord injuries in the United States, hundreds of spinal cord injuries occur in pedestrian accidents every year as well. An injury to the spine is serious and can result in paralysis or even death. This type of injury can be life-altering and requires long-term care.
How to Prove Fault
During a pedestrian accident claim, it is the injured victim’s burden to prove the other party’s fault. Fulfilling the burden of proof requires convincing evidence that the defendant is more likely to be responsible for the pedestrian accident than not. Evidence to support a pedestrian accident case may include eyewitness testimonies, police reports, photographs and videos, crash reconstruction, and medical records. Evidence from traffic and surveillance cameras can be used. In some cases, a pedestrian might be found responsibly negligent after a pedestrian accident if they were:
How Our Lawyers Can Help You After a Pedestrian Accident
While it is possible to negotiate a settlement on your own, our personal injury attorneys have more experience in navigating the legal avenues to get you a settlement. They will also focus on extras like lost wages and pain and suffering. Our lawyers take the stress of negotiation off of you so that you can focus on healing.