Injury Lawyer For Accidents Caused By An Animal Crossing The Street In Dallas
According to the National Highway Traffic Safety Administration, distracted driving is dangerous and can lead to serious accidents. One of the ways that this can happen is when, unexpectedly, an animal crosses the road while vehicles are moving along at speeds too fast to react. Whether a collision with the animal, swerving into other cars, or a combination of both is the primary incident, significant injuries with lifelong repercussions can occur. In these situations, the law is on the side of the injured person and provides a way for them to get the compensation they need for the future.
Dallas Car Accident Lawyers can handle the legal needs of anyone injured in an accident caused by animals crossing the street in Dallas. Our attorneys are skilled at navigating the legal system, have relationships with local judges and opposing attorneys, understand the leanings of local juries, and are poised to help you reach the best possible resolution to your claim. We have worked with clients who have suffered a wide range of injuries, including some that cause massive changes to the person’s future life, such as the following.
- Lost limbs
- Spinal injuries
- Traumatic Brain Injuries (TBIs)
Possible Scenarios in My Claim
There are several ways that an accident can be caused by an animal crossing the street. Depending on the circumstances, these details can affect the way that a claim proceeds and the person against whom you bring your claim.
When the accident is caused by a wild animal, such as a deer, the most likely defendant in your claim will be the opposing driver. For your claim to be successful, you must be able to show that the opposing driver was in some way negligent and that the negligence was a direct cause of the accident. You can help bolster your claim by collecting and preserving the following kinds of evidence.
- Photographs of the scene
- Medical records
- The police crash report
- Eyewitness testimony
- Expert witness testimony
- Footage from nearby surveillance or traffic cameras
On the other hand, it is possible that you can sue the animal’s owner if their negligence led to the animal running into the street. The Dallas City Code §7-3.1 requires pet owners to restrain their animals rather than let them roam free. For example, they should keep their pets in a fence or tether. If an accident occurs because of an animal that is not restrained, the owner may be liable for the damages you suffer.
Negligence and Fault
These possible defendants can be sued for the negligence they exhibited that led to your injuries. However, it is possible that the court finds you to be partially responsible for the accident. Fortunately, Texas uses a system of proportionate responsibility that allows you to collect compensation even if you are somewhat to blame. The way this system works is twofold.
- You may pursue compensation as long as you are no more than 50% at-fault.
- Your total compensation is reduced by your percentage of fault.
For example, if you have 25% of the blame, according to the court’s finding, your compensation will be reduced by 25% as well. To understand this more clearly, you must understand your damages.
Possible Damages in My Claim
The harms for which you may pursue compensation are called your compensable damages. They are split into two categories that have different legal restrictions.
The first category, economic damages, includes all of the harms you suffer that are financial in nature. These harms often have bills or receipts that denote their monetary values. Texas Civil Practice and Remedies Code §41.0105 limits you to recovering the exact amount that you were charged for your medical costs. Other economic damages you may have suffered can include lost wages, lost earning capacity, and the cost of repairing your damaged vehicle.
Unlike economic harms, non-economic damages are often subjective in nature and do not come with ready-made values attached to them. They can include issues like your physical pain, mental anguish, and loss of enjoyment in life. Also unlike economic damages, there are no legal limits on the amount of compensation you may receive for these kinds of harms.
In very rare cases, you may receive an additional form of compensation called exemplary damages. These are reserved for claims in which the defendant acted with high levels of malice or negligence, and they are awarded at the discretion of the jury. Texas Civil Practice and Remedies Code §41.008 limits the amount of compensation you can receive in this way to the higher of the following two amounts.
- Two times your economic damages, plus up to $750,000 of your non-economic damages
Having a skilled local attorney who has handled accidents caused by animals crossing the street before is important so that you can be in a better position to lower your percentage of fault and evaluate the value of your claim.
How to Get My FREE Consultation
Some injured people may worry about the possible financial costs associated with filing a legal claim. However, justice should not be a measure of your wallet. That is why Pintas & Mullins, a Dallas car accident law firm, provides our clients with a FREE initial consultation to discuss the merits of your claim, and we do not collect a fee unless we win you the compensation you deserve.
Get your FREE consultation today by calling (214) 305-8277 or filling out the form on our contact page.