Overview of the Stewart J. Guss Firm

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Common Factors in Dallas Pedestrian Accidents

Pedestrian fatalities are continuing to rise in Texas. They now account for almost one in five of all traffic deaths. In one recent year, 4,852 crashes involved pedestrians. As a result, 1,211 people suffered severe injuries, and 731 lost their lives, which represented a 9 percent increase in pedestrian fatalities over the previous year.

Common factors contributing to pedestrian traffic crashes include:

  • Driver inattention
  • Drivers not yielding the right-of-way to pedestrians
  • Speeding or driving too fast for conditions, especially in residential, school, or recreational areas
  • Driving under the influence of drugs or alcohol

Other causes of pedestrian-involved accidents include:

  • Motorists turning at intersections without looking both ways
  • Design defects in crosswalk locations, including failure to consider upstream and downstream traffic flows

Pedestrians are extremely vulnerable in a crash, as they aren’t afforded the same protections as vehicle passengers. No airbags, roll bars, seatbelts, and crumple zones protect pedestrians. The higher the speed of the vehicle when it hits a pedestrian, the more severe the injuries.

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The Most Dangerous Dallas Areas for Pedestrians

While all roads and intersections pose a dangerous risk to pedestrians, some pose a greater risk than others. It doesn’t matter where in Dallas you are—motorists and pedestrians alike need to do whatever they can to avoid accidents. However, they should be especially cognizant of these areas:

The West End

The West End, or the western part of downtown Dallas, is the most dangerous area of Dallas for those on foot, according to data provided by the Texas Department of Transportation (TxDOT).

Many of the dozens of pedestrian-involved accidents reported here happen near the Rosa Parks Plaza DART bus hub and DART’s West End train station. This is no surprise considering the number of individuals crossing Lamar Street between the transit hubs or walking to popular nearby places such as El Centro College. The good news is that most of these pedestrian accidents occur at low speeds, decreasing the chances of catastrophic or fatal injuries.

West Northwest Highway

The West Northwest Highway near Community Drive in Northwest Dallas had 17 pedestrian crashes, including one fatality, in just three years. Unfortunately, this area has limited sidewalks, wide roads, and increased traffic volume—a terrible combination for those trying to navigate the city by foot.

Ledbetter Drive at Bonnie View Road and Malcolm X Boulevard at Martin Luther King Jr. Boulevard

The intersection of Ledbetter Drive and Bonnie View Road and the intersection of Malcolm X Boulevard and Martin Luther King Jr. Boulevard has much in common. Both locations see about a dozen crashes each year, causing some serious injuries and even fatalities. Both are in southern Dallas, in areas that are low density, with restricted access to public transportation, and wide roads with higher speed limits—each of these factors contributing to an increased risk of pedestrian accidents.

Ledbetter Drive at Sunnyvale Street

In South Dallas, the intersection of Ledbetter Drive and Sunnyvale Street is incredibly perilous for pedestrians. This intersection is eight lanes wide and includes turn lanes on either side of the street that make it even wider. Sadly, multiple pedestrians have suffered injuries or died here.

#5. Lovers Lane at Greenville Avenue

This intersection is dangerous for pedestrians, many of whom get here via the nearby Lovers Lane train station. It has numerous lanes of frequently turning traffic, divided by a small median providing little to no protection for those walking in the area. Considering the popularity of Central Market and the Old Town Shopping Center at the intersection, it’s no wonder that several pedestrian-involved crashes occur here every year.

Coit Road at Spring Valley Road

High speeds and multiple lanes of traffic along with retail locations that attract individuals less likely to have vehicles, like a Cash America pawn shop, may contribute to the wrecks that cause injuries and even fatalities for walkers at Spring Valley and Coit Roads in Far North Dallas.

Park Lane Station

DART’s Park Lane station is between the intersections of Park Lane and Greenville Avenue and Park Lane at Central Expressway. Many DART riders here need to walk over to North Park Center. They have to cross the Central Expressway service road while walking down Park Lane to the mall. Between 2012 and 2015, drivers hit 12 pedestrians near the station.

Jefferson Boulevard at Llewellyn Avenue

Jefferson Boulevard at Llewellyn Avenue is a central hub in the Oak Cliff neighborhood. Two grocery stores—Fiesta and Jerry’s and El Ranchito—surround it. Jefferson on its own is a heavy-traffic street. Three to four pedestrians sustain injuries here every year.

Buckner Boulevard at Lake June Road

Like many of the areas already mentioned, two multilane, high-traffic roads intersect at Buckner Boulevard at Lake June Road. The dangerous intersection subjects pedestrians to accidents with cars making left turns. In fact, drivers hit eight pedestrians near this intersection in just three years, fatally injuring one person and severely injuring another.

If you suffered injuries at one of these intersections by a motor vehicle, you deserve compensation for your injuries. A seasoned Dallas pedestrian accident attorney from our firm can investigate how your accident happened and hold whoever caused it liable.

Types ofInjuries Pedestrians Suffer

Since they are so vulnerable to injuries in the event of an accident, pedestrians can sustain all types of injuries, many of them severe, catastrophic, or even deadly. The pedestrian accident clients we serve typically have one or more of the following injuries.

The Lower Extremities

Typically, the first part of a pedestrian’s body that a vehicle will strike is the lower body. Up to 50 percent of pedestrians sustain injuries in the lower part of their bodies. Unfortunately, trauma to the ligaments and muscles, lacerations, pelvic fractures, and broken bones are common. These extremely painful injuries can leave a victim unable to work for months. They may cause permanent disabilities.

The Neck, Face, and Head

The next areas of the body to sustain damage are the neck, head, and face. This happens when the head or neck hits the windshield or hood. About 38 percent of pedestrians injure their necks, heads, or faces.

Some common examples of these injuries include:

  • Shoulder displacement
  • Vertebrae injuries
  • Neck injuries
  • Jaw fractures
  • Skull damage
  • Lacerations
  • Concussions
  • Traumatic brain injuries (TBI)

The Upper Extremities

The last areas of impact are the upper extremities. Around 27 percent of pedestrians will sustain an injury to their upper extremities in a crash with a motor vehicle. Various musculoskeletal injuries can occur in the arms, wrists, hands, abdomen, and chest.

Other injuries that may occur include those to the abdominal area or chest. Any injury to this part of the body can be severe and even fatal to pedestrians. These include fractured ribs, collapsed lungs, internal organ damage, and internal bleeding. However, pedestrians are about twice as likely to injure their heads than their abdomens or chests.

Mental and Emotional Injuries

Many accident victims also suffer mental and emotional injuries that take a while to recover from. Some even develop post-traumatic stress disorder (PTSD) due to the traumatic nature of their accident and injuries.

This is by no means a conclusive list of all the injuries a victim can suffer in a pedestrian accident. No matter your injuries or their extent, please be sure to reach out to a Dallas pedestrian accident lawyer as soon as possible. They will review your case and get to work seeking justice on your behalf.

Seek Medical Treatment After a Dallas Pedestrian Accident

In addition to seeking the professional services of an experienced attorney, all pedestrian accident victims should be seen by a licensed medical doctor soon after the accident. You don’t necessarily need to go to the emergency department if your injuries don’t warrant such a visit.

However, even if you don’t experience pain or other symptoms and seem stable, you should still see a doctor right away. You may have severe injuries that haven’t presented themselves yet. Seeing a doctor will also help your injury claim. It helps connect your injuries to the accident caused by the at-fault party.

Damages Available to Pedestrian Accident Victims

As a pedestrian accident victim, you may seek compensation for your injuries and other losses. Damages are a financial representation of what another person’s negligence costs you. However, there are more than just monetary losses. Damages can either be economic or non-economic.

Economic Damages

Economic damages represent losses you have that have a predetermined monetary value.

For example:

  • Lost wages and income
  • Medical expenses
  • Prescriptions and medical devices such as crutches or a wheelchair
  • Property damage—for example, if you lost your wedding ring or prescription sunglasses in the accident

When you hire a skilled Dallas pedestrian accident attorney, they can help you account for all of your wages and lost income, maximizing the compensation you deserve.

Non-Economic Damages

On the other hand, non-economic damages are those without an inherent value. This makes them more difficult to calculate.

They include:

  • Pain and suffering
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of society and companionship
  • Mental anguish
  • Humiliation

Since these are subjective, they can be challenging to put a price tag on. However, the more severe the injuries, the more a victim may recover for their non-economic losses.

Punitive Damages

Punitive damages refer to damages awarded to punish the at-fault party and deter intentional or reckless behavior or actions motivated by malevolence. Punitive damages do not compensate for any loss. However, these damages only apply in some instances, and only the court can grant them. Even still, they can substantially increase the amount of compensation you receive.

Dallas Pedestrian Accident FAQs

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.

Who Has the Right-of-Way at a Pedestrian Crosswalk in Dallas?

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.

How Long Do You Have to File a Pedestrian Accident Case?

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.

What is Negligence?

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.

Will My Previous Back Injury Keep Me From Filing a Successful 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.

The Power Was Out, so There Were No Signals, and a Vehicle Struck Me While I Was in the Crosswalk. Who Must Pay for My Injuries?

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.

Who is Liable for Your Injuries?

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.

Will Your Pedestrian Accident Case Settle?

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.

Should You Speak to the At-Fault Party’s Insurance Company?

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.

Got a Question? Contact the Trust Guss Team

Call the Experienced Dallas PedestrianAccident Lawyers Today for Help

Don’t trust your pedestrian accident case to just anyone. At Trust Guss Injury Lawyers, we have over 20 years of experience in personal injury law, fighting for injured victims just like you. We are serious about getting you fair compensation for your injuries. We won’t stop advocating for you until we exhaust all of our options.

Our only focus is on personal injury law and helping injured victims get the necessary results. We are client-centered and do everything we can to settle your claim out of court successfully. If we can’t obtain a fair settlement offer, we aren’t afraid and won’t hesitate to litigate your claim if that’s what it takes. You get to decide whether you want to accept a settlement or take your claim to court.

The legal team of Trust Guss Injury Lawyers, is nationally recognized for protecting the rights of injured victims for more than 20 years. If a Dallas pedestrian accident injured you, call our office right now for a free consultation! Because we take all of our pedestrian accident cases on a contingency fee basis, you will not owe us a dime unless we win your case.

Are you ready to find out what your case might be worth and pursue justice? We are available 24 hours a day, seven days a week, so contact us today by clicking here.

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

Stewart J. Guss Injury Lawyers | Trust Guss

Address: 12777 Jones Rd # 297,Houston, TX 77070
Phone: (281) 317-0883

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1910 Pacific Ave Ste 6000,
Dallas, TX 75201

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