Dallas Pedestrian Accident Attorney
Office Location: 1910 Pacific Avenue, Suite 6000, Dallas, TX 75201
While walking in Dallas, the last thing you expect is to be in a motor vehicle accident. Yet, here you are. It’s common to have many questions and uncertainties during this challenging time. Rest assured, however, that you can turn to Trust Guss Injury Lawyers for reliable and trustworthy answers to your questions and solutions to your legal dilemmas. Get in touch with us today to schedule your free, confidential case review, and check out our FAQ section to learn more.
Under Texas Transportation Code Section 552.003, pedestrians have the right-of-way in crosswalks without traffic signals. Drivers must yield to pedestrians on their half of the road or those approaching closely from the opposite half. However, pedestrians cannot leave the curb and enter a crosswalk if oncoming traffic makes it impossible for a vehicle to stop. If a crosswalk has control signals, pedestrians have the right-of-way when the 'Walk' signal is active, and motorists must yield. Regardless of the situation, drivers should always give pedestrians the right-of-way to ensure safety.
In Texas, the statute of limitations for pedestrian accident cases is generally two years from the date of the accident. However, exceptions exist, such as when a minor is involved or the at-fault party leaves the state. It’s crucial to consult a Dallas pedestrian accident attorney as soon as possible to ensure you don't miss critical deadlines and to allow adequate time for case preparation.
Negligence is the failure to act with the care that a reasonable person would exercise in similar circumstances. In pedestrian accidents, negligence can include actions like speeding, distracted driving, or failing to maintain a vehicle. To prove negligence, your attorney must establish four elements: duty of care, breach of duty, proximate cause, and damages. Successfully proving these elements is essential for winning your injury claim.
Pre-existing conditions do not prevent you from filing a successful injury claim. The at-fault party is still liable for exacerbating any prior injuries, under the legal principle known as the 'eggshell skull rule.' This means they take you as they find you, and if the accident worsens your condition, they are responsible for related damages. Don’t let prior injuries deter you from seeking the compensation you deserve.
Texas law requires motorists to yield to pedestrians when traffic signals are non-functional. Drivers must stop or slow down to ensure pedestrian safety. If you were struck under these circumstances, you may be eligible for compensation. Consult with an experienced Dallas pedestrian accident attorney to discuss the specifics of your case.
In most pedestrian accidents, the driver who struck the pedestrian is liable for injuries and damages. However, other parties may also be responsible, such as another driver involved in a chain-reaction crash or a government entity that failed to maintain crosswalks or signals. It’s important to have a Dallas pedestrian accident attorney review your case to identify all liable parties and maximize your compensation.
Most pedestrian accident cases settle out of court, with approximately 90-95% of cases ending in a negotiated settlement. Settling is often preferable as it saves time, reduces costs, and gives both parties more control over the outcome. Your attorney will advise you on any settlement offers and help you decide whether to accept or litigate. However, if necessary, they are prepared to take your case to court to secure fair compensation.
It's generally not advisable to speak with the at-fault party’s insurance company without your attorney present. Insurance adjusters may appear friendly, but their goal is to minimize the payout on your claim. Let them know you are represented by an attorney, and any necessary communication will go through your legal counsel. This helps protect your rights and strengthens your case.
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