How Are Pedestrians Compensated for Injuries or Wrongful Death in Texas?
You just never know. One day you may be taking a leisurely stroll through Dallas, and a driver who isn’t paying attention hits you with his car or truck. With so many people engaging in distracted driving in today’s world, particularly texting and driving, the possibility is greater than ever.
Accidents Involving Pedestrians
There are several ways in which a pedestrian can be hit by a car or truck in the state of Texas. And, depending on how hard the person is hit, the pedestrian accident could result in a wrongful death. Examples of the more common locations where accidents involving pedestrians tend to occur include:
- Jaywalking (crossing the street not in a designated crosswalk)
- Parking lots
- On the shoulder, or side of the road
Compensation for a Car Accident
Pedestrians involved in a car accident in the state of Texas are entitled to sue the other driver for damages similar to those which a person would sue for had he or she been sitting in a car when the other driver hit them. A pedestrian can sue for costs associated with medical bills and lost wages, as well as for the pain and suffering that can result from such an accident.
Typically, the other driver’s insurance policy will have a provision that covers compensation in the event that the policyholder injures or causes the death of a pedestrian while driving. In the case of an accident where the victim is still alive, settlement discussions usually begin when the victim is near the end of his or her medical treatment. This gives everyone a better idea of the total amount of costs were involved in treating the victim.
However, just because settlement talks may be far off in the future, you don’t want to delay filing a claim with your insurance company, nor a lawsuit against the other driver. The longer you wait, the less likely you are to be successful in both instances.
If you’re still undergoing treatment, and you don’t feel like you have the strength to fight your case, let a Dallas car accident lawyer help you. Such a lawyer has extensive experience in handling accidents just like yours, and he can do all the worrying for you so that you can focus on recovery.
Compensation for Wrongful Death in Texas
In the event of an accident that results in a wrongful death, the victim’s immediate family members can sue for damages. Costs that may be awarded to the victim’s family include:
- Costs associated with the funeral and burial
- Loss of income
- Pain and suffering
- Any medical bills the victim may have incurred before his or her passing in hospital
If the costs grow to such a point where the driver cannot afford to pay what the court directs, then s/he may have to declare bankruptcy. In a way, this is another kind of vindication for the surviving family of the deceased because this can affect the person’s finances and credit score for the foreseeable future.
Types of Criminal Charges
There are a number of criminal charges that can be filed against a driver who causes an accident involving a pedestrian. Such charges include:
- Hit and run, if the driver left the scene of the accident
- Vehicular or involuntary manslaughter (in the event of wrongful death)
- DUI or DWI, if the driver was under the influence
Basically, if a driver was engaging in the kind of behavior that could be considered criminal, and that behavior resulted in the death or injury of another person, s/he could be criminally charged.
If you have been the victim of a hit-and-run accident in the state of Texas, you may want to consider hiring a Dallas car accident lawyer to manage your case. Such a lawyer can fight to get you the compensation you deserve at a time when you’re feeling overwhelmed, having experienced what may be the worst possible moment of your life.
Find Out More About Pedestrian Accident Compensation
Whether you yourself have been hit by a car, or if you’ve lost a family member as the result of another driver’s negligence, you deserve to properly compensated for your pain and suffering. The last thing you may have the strength for right now is to file a lawsuit, so let us do it for you.
A Dallas car accident lawyer can shoulder the burden of your case so that you can focus on getting well, or grieving your lost family member, without having to deal with the arguments and negotiations that plague a lawsuit. Whether you’re seeking justice for a family member, or compensation for lost wages and medical bills, we can help!
Frequently Asked Questions
- Do I Need a Car Accident Lawyer For a Minor Accident?
- What Is the Most Common Cause of Motorcycle Accidents?
- Should You Accept A Settlement Offer From Your Insurance Company After A Car Accident?
- How Do You Prove Wrongful Death?
- Is the Truck Driver or Trucking Company Responsible in a Truck Accident?