Pedestrian accidents can leave victims with serious injuries and many questions about what happens next. If you were struck by a vehicle in Dallas, TX, you may need to address medical treatment, insurance claims, fault, and other issues while recovering.
The following Dallas pedestrian accident FAQs explain some of the most common issues that arise after a collision. A Dallas pedestrian accident lawyer can evaluate the specific circumstances of an accident and explain the options available.
What Should I Do Immediately After Being Struck by a Vehicle in Dallas?
Your health and safety should come first after a pedestrian accident. If you are able, call 911 or ask someone nearby to contact emergency services. Do not assume you are uninjured simply because you can stand or walk, as some injuries may not be immediately apparent.
Other steps that may help protect your health and preserve information about the accident include:
- Move out of traffic if you can do so safely
- Seek medical attention
- Obtain the driver’s name, contact information, and insurance information
- Get contact information from witnesses
- Take photos or videos of the scene, vehicle, traffic signals, roadway, and visible injuries
- Avoid making statements accepting blame for the accident
- Keep medical records, bills, photographs, and other accident-related documents
The evidence available immediately after a crash can disappear quickly. For example, vehicles may be moved, surveillance footage may be overwritten, and witnesses can become harder to locate.
Who Is Usually Liable for a Dallas Pedestrian Accident?
Liability depends on what caused the accident. In many pedestrian collisions, the driver is responsible because they were speeding, distracted, impaired, failed to yield, or otherwise did not operate the vehicle with reasonable care.
Texas law requires drivers to stop and yield to pedestrians in certain crosswalk situations. Drivers also have a general duty to exercise due care to avoid hitting pedestrians on a roadway. However, a driver is not necessarily the only party who could be responsible.
Depending on the facts, potential defendants may include:
- A driver: A motorist may be liable when negligent driving causes the collision.
- A city or other government entity: A government entity could potentially bear responsibility when certain dangerous roadway conditions, traffic-control issues, or other conditions involving government property contribute to an accident.
- A property owner: A private property owner may bear responsibility when a dangerous condition on property, such as an unsafe parking area or walkway, contributes to an injury.
Claims involving the City of Dallas or another government entity are different from ordinary negligence cases. The Texas Tort Claims Act limits when governmental entities may be sued, and special notice requirements may apply. Texas Civil Practice and Remedies Code Chapter 101
More than one person or entity can sometimes share responsibility for the same pedestrian accident.
What Happens If the Pedestrian Is Partially at Fault?
A pedestrian can share responsibility for an accident. For example, questions about fault may arise when a pedestrian crosses outside a crosswalk, enters the roadway against a signal, or steps into traffic when an approaching vehicle does not have enough time to stop.
Texas uses a modified comparative fault system, formally called proportionate responsibility. Under Texas Civil Practice and Remedies Code Chapter 33, an injured person can generally recover damages when their share of responsibility is 50% or less. Their recovery is reduced according to their percentage of fault.
For example, if a pedestrian has $100,000 in damages but is found 20% responsible, the recoverable amount would generally be reduced by 20% to $80,000. If the pedestrian is more than 50% responsible, recovery is barred. This is often referred to as Texas’ 51% bar rule.
Fault may be determined using witness statements, traffic-camera or surveillance footage, vehicle damage, crash-scene evidence, traffic laws, and other available evidence.
How Long Does a Dallas Pedestrian Accident Settlement Take?
There is no fixed settlement timeline for a pedestrian accident claim. Some relatively straightforward cases may resolve within a few months, while claims involving severe injuries, disputed liability, multiple responsible parties, or litigation can take a year or longer.
A typical claim may involve several stages, including:
- Medical treatment and evaluation
- Investigation and evidence collection
- Filing an insurance claim
- Calculating damages
- Settlement negotiations
- Filing a lawsuit if the parties cannot agree
- Discovery and further negotiations
- Trial, if a settlement is not reached
It may be difficult to evaluate a claim before the extent of a victim’s injuries and future medical needs are understood. Relatively simple accident claims may resolve in a few months, while serious or complex cases can take substantially longer.
Is a Police Report Required After a Dallas Pedestrian Accident?
Texas law places the immediate reporting obligation on the operator of a vehicle involved in certain collisions. Under Texas Transportation Code § 550.026, a driver involved in a crash resulting in injury or death must immediately notify the appropriate law enforcement agency. In Dallas, that generally means notifying local police.
When a law enforcement officer investigates a motor vehicle crash involving an injury or death, Texas Transportation Code § 550.062 requires the officer to prepare and submit a written crash report. TxDOT serves as the custodian of these reports.
The injured pedestrian is not the person responsible for preparing the officer’s crash report. However, calling 911 after being struck can help ensure that emergency medical assistance and law enforcement respond to the scene.
A police report does not by itself decide who is legally responsible for an accident. Still, it can contain useful information, such as the parties’ identities, witness information, crash location, and observations made during the investigation.
What Evidence Can Help Determine Fault in a Pedestrian Accident?
Pedestrian accident claims are highly dependent on evidence. Useful evidence may include photographs, videos, traffic-camera footage, nearby business surveillance footage, witness statements, vehicle data, medical records, and the police crash report.
The location of the pedestrian can also matter. Texas law establishes rules for pedestrians using crosswalks, crossing outside crosswalks, and responding to pedestrian-control signals.
Because some evidence can be erased or lost, collecting and preserving it soon after an accident can be important.
Contact Benton Accident & Injury Lawyers for a Free Consultation With Our Dallas Pedestrian Accident Lawyers Today
If you or a loved one was struck by a vehicle in Dallas, you may have questions about liability, insurance coverage, compensation, and what to do next. Benton Accident & Injury Lawyers has more than a decade of experience representing injured people and has recovered millions of dollars for clients.
Our team can review what happened, investigate the available evidence, and explain your legal options. Contact the firm at (214) 556-8321 to schedule a free consultation with a Dallas pedestrian accident attorney today.
