While pedestrians have the right of way in Texas, not every driver respects this rule. Accidents often happen near crosswalks and other areas when people and cars are in close proximity. Since pedestrians lack the structural protections of a vehicle, they may suffer devastating harm. It is important for pedestrians injured by negligent drivers in Dallas to consult a knowledgeable car accident attorney to investigate and advocate for them as soon as possible.Liability for Pedestrian Accidents
Texas Transportation Code Chapter 552 sets forth the specific rules of the road for pedestrians. For example, under Sec. 552.003, a driver needs to yield the right of way to a pedestrian who is crossing in a crosswalk where there is no traffic signal in place and the pedestrian is on the half of the roadway where the car is traveling or is approaching so closely from the opposite half of the roadway as to be in danger from the car. A driver who is coming from the rear of a car that has stopped at a crosswalk to allow a pedestrian to cross the road cannot pass the stopped vehicle.
Both the pedestrian road rules and common law principles of negligence apply to any personal injury case that arises out of a pedestrian accident. This means a plaintiff would need to show the defendant driver's duty, a breach of duty, causation, and damages. If the driver has violated the road rules related to pedestrians, negligence per se may apply. Under this concept in Texas, a legislatively imposed standard of conduct is adopted by the court to define what a reasonably prudent person would have done. In other words, a driver who violates a statutory road rule will be found to have breached the duty to drive as a reasonably prudent person would have. The doctrine of negligence per se can make it easier to prove breach of duty in a pedestrian accident case.
Among the damages you can potentially recover if you prove that a driver's negligence caused your injuries are medical bills, lost wages, out-of-pocket expenses, mental anguish, and pain and suffering. To assert your right to damages, however, you must bring your claim within the appropriate time period set by Texas law, known as the statute of limitations. Personal injury claims generally may be heard only if they comply with this procedural requirement, and wrongful death claims based on a tragic loss of life also must meet similar rules.Contact a Dallas Attorney after a Motor Vehicle Collision
If you have been hurt in a pedestrian accident in Dallas or the surrounding communities, you should consider consulting the motor vehicle collision lawyers at Feizy Law Office. It is not unlikely that the driver's insurer will try to blame the accident on you, and if you were rendered unconscious at the scene, the police report may back them up. At Feizy Law Office, we can retain the appropriate experts and present persuasive arguments on your behalf. Call us at (214) 651-8686 or set up a meeting via our online form. We represent accident victims in Irving, Arlington, Garland, Plano, and Fort Worth, among other Texas cities.