Your pedestrian accident injuries likely have a catastrophic impact on your life. The injuries you sustained may cause you to avoid activities you once enjoyed and force you to spend time away from work. Any party who caused your injuries should accept accountability for their negligence. Our Arlington pedestrian accident lawyer can help you seek compensation from them.
When you need legal support and guidance to figure out how you can recover the restitution you deserve, the team at Domingo Garcia is here to help. Our firm handles all the legal tasks for you so you can heal from your injuries.
Pedestrian Accident Victims Can Seek Compensation for Their Damages in Arlington
Pedestrian accident victims have the right to seek repayment for every loss they endure as a result of someone else’s negligence. However, you might face feelings of confusion regarding how you will receive compensation and how much your case is worth. Our Arlington personal injury lawyer will explain the various types of recoverable damages in pedestrian accident cases.
With that in mind, here is more about the types of damages you may receive:
Recoverable Economic Damages in Pedestrian Accident Cases
There is virtually no aspect of your life that remains unaffected by your pedestrian accident injuries. This means you are entitled to compensation for not only your monetary or out-of-pocket expenses, but the ways the accident affects your life as well.
To ensure we consider every loss, your pedestrian accident lawyer in Arlington must separate your damages into categories known as economic damages and non-economic damages.
A range of economic damages is recoverable for pedestrian accident victims. They include:
- The costs of mental health counseling you need to cope with the aftermath of the accident
- Ongoing physical rehabilitation or therapy associated with your pedestrian accident injuries
- Costs of necessary prescription medications or painkillers that alleviate some of the physical pain you feel
- Costs of medical equipment, such as prosthetic limbs or hospital beds
- The cost of your future medical care if your pedestrian accident injuries require ongoing treatment
- The costs of hiring a housekeeper or others to assist with household maintenance and upkeep if you are no longer able to move around by yourself
- The unexpected costs of childcare
- The damage to any personal property that broke during the accident
- Income you lost because your injuries prevent you from working
It is important to keep copies of any receipts and obtain copies of any other financial documents that prove the value of your economic damages. That way, the insurance company, jury, and judge can easily see that the amount of compensation you are seeking is fair.
Non-Economic Damages Available After an Arlington Pedestrian Accident
Non-economic damages take into account the ways the accident impacts your life. For example, if you dealt with severe emotional trauma after a vehicle struck you, the liable party may compensate you for this damage.
You and your attorney will discuss the various ways the accident is impacting your life. This allows us to calculate the value of your non-economic damages. Some examples of non-economic damages the liable party may owe you include:
- Reduced quality of life when you can’t participate in hobbies you once enjoyed
- Disfiguring skin scars from road rash or other injuries
- Emotional distress and psychological trauma you suffer because of the pedestrian accident
- Chronic physical pain and suffering that your injuries cause
- Your inability to continue maintaining relationships with family and friends due to depression or anxiety stemming from the pedestrian accident
- Your loss of an intimate relationship with your spouse or partner
- Damage to personal and professional reputations
- Embarrassment, shame, and shock you face in the aftermath of the pedestrian accident
- Anticipation, apprehension, and fear of walking near vehicles
Your attorney will assign a cost to these intangible losses to help you recover compensation.
Recoverable Wrongful Death Damages
If your family lost a loved one in a pedestrian accident, our team will explain the process of recovering wrongful death damages. A claim or lawsuit may result in financial recovery for funeral and burial expenses and your loved one’s pain and suffering.
Why Go With Domingo Garcia for Your Pedestrian Accident Case?
Choosing the right law firm to take on your case is critical if you hope to recover fair compensation for your damages after a pedestrian accident. Domingo Garcia has an exceptional track record of success.
Our team always prioritizes our client’s needs. We work diligently to bring liable parties to justice so victims receive the financial recovery they deserve. When you choose our pedestrian accident attorneys to take on your case, you can rely on our team to handle all of the legalities. Here is how:
We Investigate Liability
One of your lawyer’s most important responsibilities is to investigate who is responsible for causing your pedestrian accident. In fact, for many victims, holding the liable party accountable is one of the only ways to recover compensation for your damages.
Once you hire a pedestrian accident attorney at our firm to take on your case, we will open up an investigation that will uncover all potential at-fault parties. If we discover multiple parties share fault, we can seek compensation from more than one party.
We Obtain Valuable Supporting Evidence
Throughout the course of our investigation, we need to gather evidence that proves liability for your damages. We must find any information that links the accident to your injuries.
In a pedestrian accident case, some of the most valuable types of evidence that we look for include:
- Video footage of the vehicle striking you
- Copies of your medical records
- Photos of the damage at the scene of the accident, such as damage to surrounding street signs
- Photos of your injuries after the car hit you
- Statements from any witnesses who saw the vehicle hit you
- Reports from pedestrian accident reconstructionists
- Analysis of the vehicle’s black box data
You are not responsible for gathering any evidence to support your case. However, if you already have evidence available, you should bring it to your lawyer. Any potential evidence that proves not only how the accident occurred, but the severity of your injuries, will go a long way in helping you seek fair compensation.
We Negotiate With Insurance Companies
Our team will also negotiate with the insurance company on your behalf. Generally, since Texas is a fault state, you will typically file a claim with the liable party’s insurer. Dealing with the insurance company is not easy. Insurance companies lose money by paying out on pedestrian accident claims.
This means you can expect them to comb through your claim carefully and look for any opportunities or reasons for claim denials. By allowing your attorney to negotiate with the insurance company on your behalf, you decrease your chances of falling victim to bad-faith insurance practices.
You should not worry about delays in the processing of your claim or falling for the insurance company’s tricky tactics. Your attorney will prove liability so the defendant cannot get away with blaming you for causing your own injuries.
Unfortunately, some cases result in a payout that does not cover all of your damages. We can also help you file a lawsuit to seek the money you need.
We Fight for Your Rights at Trial
Some pedestrian accident cases go to court. Although your case may result in a payout after insurance negotiations, our team can defend you in court if necessary. We can file a lawsuit on your behalf.
Perhaps the defendant does not have sufficient auto insurance coverage to cover your losses in full. Maybe the vehicle that hit you does not have any insurance coverage at all. In this case, filing a lawsuit could benefit you. We can negotiate for a fair settlement before your case goes to court. However, if the other party refuses to settle fairly, we will not hesitate to defend you in front of a judge and jury.
We Demonstrate Negligence
Our team can prove the liable party owes you compensation by establishing negligence. This involves proving:
- The at-fault party owed you a duty of care: All drivers should stay alert behind the wheel and take note of any pedestrians near the road.
- The at-fault party breached their duty of care: The driver who injured you acted with negligence. For example, they drove drunk or did not check their blind spots before turning.
- The at-fault party’s negligence directly caused your accident and injuries: We must find a link between the pedestrian accident and your injuries. Medical records or your doctor’s statements provide useful evidence.
- You suffered damages because of the at-fault party’s negligence: You are experiencing pedestrian accident-related losses.
Accolades and Case Results: Domingo Garcia Has a Powerful Track Record of Success
Domingo Garcia works tirelessly to advocate for pedestrian accident victims across Arlington and the state of Texas. Here are some of our most notable results and success stories:
- Commercial Motor Vehicle Accident – A commercial motor vehicle struck and killed a roadside worker. The family received a $2,750,000 settlement.
- Truck Accident – A truck struck and injured a roadside worker. They received a $1,000,000 settlement.
- 18-Wheeler Truck Accident – The injury victim received a $8,750,000 settlement for their damages.
Our team has experience working with injured pedestrians. We can answer any questions you have about how the legal process works in cases like yours.
What Are the Costs of Hiring a Pedestrian Accident Lawyer in Arlington?
One of the top concerns pedestrian accident victims have after suffering injuries in an accident in Arlington is how they will afford an attorney. Fortunately, when you choose Domingo Garcia as your legal advocate, you do not need to worry about these costs.
We make it possible for anyone suffering due to someone else’s negligence to pursue justice. Our pedestrian accident attorneys work with injury victims on a contingency-fee basis. We will never ask you to put money down to hire our law firm. Instead, we will cover all of the costs associated with pursuing your case. If there are deposition costs or court fees, we will cover them.
Your legal advocate takes care of any out-of-pocket costs that arise when we fight your case. Then, when we win your case, a portion of your settlement will cover your attorney’s fees. This payment structure makes our firm affordable and accessible while you face high medical bills.
Determining the Liable Party in Arlington Pedestrian Accidents
After your pedestrian accident, you may think it is obvious who is responsible for causing your injuries. However, we will investigate your case to determine if more than one party shares fault. Possible liable parties include:
We can hold negligent drivers accountable for your Arlington pedestrian accident. When drivers do not operate their vehicles in a safe manner, they can cause debilitating injuries and deaths.
Any number of negligent actions can cause pedestrian accidents. Some examples of driver negligence could include:
- Speeding or not slowing down near pedestrians
- Failure to yield to the pedestrian right of way
- Failure to stop at a traffic light and hitting a pedestrian
- Failure to stop at a stop sign and hitting a pedestrian
- Failure to stop for a pedestrian in a crossing walk
- Distracted driving or not paying attention to pedestrians near the road
- Drunk driving and failing to control the vehicle, resulting in pedestrian injuries
- Drowsy driving, which results in a lack of attention to the road and people who are walking near it
- Road rage or aggressive driving, causing a driver to ignore traffic stops that are in place for pedestrian safety
There is also a possibility that government authorities share fault for your injuries. For instance, if the vehicle that hit you did so due to an unfilled pothole, the Texas Department of Transportation or the city of Arlington may owe you compensation.
Construction Site and Property Owners
If your pedestrian accident injuries occurred on a construction site or other property, the property owner may share liability for your damages. For instance, properties should have pedestrian-safe walk spaces to avoid accidents. If the conditions on the property created an environment that contributed to your accident, we could hold a property owner liable.
Auto Parts Designers, Manufacturers, and Distributors
When defective motor vehicle parts are the cause of your pedestrian accident injuries, virtually any party involved in the design, manufacture, and distribution of these parts may share fault.
There are many instances in which, despite a driver’s best effort, they are unable to avoid hitting a pedestrian due to a mechanical failure or malfunction. If this happens, your attorney will figure out whether vehicle technicians, dealerships, auto parts designers, manufacturers, distributors, or safety inspectors are liable.
Other Potentially Liable Parties
There is a wide variety of parties who could share blame for your pedestrian accident injuries, depending on the circumstances of your case.
For instance, if a bicyclist struck you because they failed to yield to the right of way, they may share the blame for your injuries. If a drunk driver caused your accident, in addition to filing a claim against the drunk driver, you may have grounds for legal action against a bar that over-served them.
Negligent cargo loaders could share the blame for your pedestrian accident. For example, a lost load that strikes you speaks to the cargo loader’s negligence.
It is imperative that your pedestrian accident lawyer conduct a thorough investigation into your case. Revealing the at-fault parties is one of our top priorities.
When Do Pedestrians Have the Right of Way in Arlington?
Texas has specific traffic laws in place that give pedestrians the right of way. In Arlington, pedestrians have the right of way anytime they are in a crosswalk, according to Texas Transportation Code § 552.003. It does not matter whether the driver is making a right or left turn, pulling out of or into a driveway, or attempting to pass another vehicle. If a pedestrian is in a crosswalk, they have the right of way.
Furthermore, pedestrians have the right of way when a “walk” control signal is displayed, according to Texas Transportation Code § 552.002. It is the driver’s duty to ensure they are aware of a pedestrian’s movement along a crosswalk.
Statute of Limitations for Arlington Pedestrian Accident Lawsuits
You must follow Texas’ statute of limitations if you plan to file a lawsuit for compensation. In Arlington, the statute of limitations for pedestrian accident cases is typically just two years, per Texas Civil Practice and Remedies Code § 16.003.
If the civil case is not filed before this deadline passes, the Arlington civil courts will deny you the opportunity to have your case heard at trial. You may have certain deadlines to adhere to if you plan to file an insurance claim, as well.
Failure to file your case before these deadlines end may mean you cannot recover compensation. The sooner you begin working on your case, the more time we have to gather time-sensitive evidence. Our team will ensure you understand the deadlines that apply to your case.
What To Do After a Pedestrian Accident in Arlington
After suffering injuries in an Arlington pedestrian accident, your next steps may influence your case. You should:
Gather Evidence and Document the Scene of the Accident
After contacting emergency responders and 911, do what you can to document the accident scene and gather evidence to support your case. If you can take photos of your injuries and any surrounding property damage, that may help accident reconstructionists contribute to your case.
Also, jot down the names and contact information of anyone who saw the vehicle hit you. Making note of any homes or businesses nearby could give your attorney an opportunity to gather video footage of the accident.
Write Down How You Feel
Keep a journal about how you feel after you sustain injuries in a pedestrian accident. We can prove many of your damages with documents such as the police report or your medical records. Your non-economic damages, however, are sometimes more difficult to prove. We will use your statements about how your injuries affect your life to demonstrate your non-economic losses. Other useful evidence for proving your non-economic damages includes statements from your close friends and family members.
Seek Medical Treatment
It is essential to see a doctor immediately after your pedestrian accident, even if your injuries initially seem minor. Failure to do so may result in worsening health conditions and give the defendant an opportunity to argue that you are exaggerating the extent of your injuries.
Avoid Posting on Social Media
It is in your best interest to avoid sharing posts on social media while your case is active. The liable party’s team may attempt to use your own words against you.
For instance, if you share a post about how you are feeling okay after the accident, the liable party can take your word choice out of context. Although you likely meant to put on a brave face for your friends and family, the liable party could use this content to downplay your injuries.
Hire an Arlington Pedestrian Accident Attorney From Our Firm
Finally, once your healthcare providers have stabilized you, you should reach out to our firm about working with our Arlington pedestrian accident lawyer. Once you hire a lawyer, we handle the rest. Then, you can focus on healing and moving forward with your life while we work on recovering the compensation you are entitled to.
Seek Legal Help From Our Pedestrian Accident Lawyer in Arlington Today
Pedestrian accident cases can feel overwhelming and complex, especially when you are still recuperating. Our team is here to provide legal help.
Reach out to Domingo Garcia to learn more about our Arlington pedestrian accident lawyer. We provide no-cost, risk-free consultations. Don’t hesitate to bring the liable party to justice. Call us today to get started on your case.