Dallas Pedestrian Accidents: Know Your Rights and How a Lawyer Can Help (2025 Guide)

In Dallas, where the vibrant cityscape meets bustling streets, pedestrians often face significant risks. In 2023 alone, Dallas saw a concerning rise in pedestrian accidents, with fatalities increasing by 15% compared to the previous year, according to the Dallas Police Department. Understanding your rights as a pedestrian and knowing how a lawyer can help is crucial for navigating the aftermath of an accident. This guide provides essential information for pedestrians in Dallas, ensuring you are informed and protected.

Understanding Pedestrian Rights in Dallas

Texas law grants pedestrians specific rights to ensure their safety. These rights are primarily governed by the Texas Transportation Code, which outlines the responsibilities of both drivers and pedestrians. Key aspects of pedestrian rights include:

Right-of-Way in Crosswalks: Drivers must yield the right-of-way to pedestrians in marked crosswalks or unmarked crosswalks at intersections.
Sidewalk Usage: Pedestrians have the right to use sidewalks without obstruction. If a sidewalk is unavailable, pedestrians can walk on the road’s shoulder, facing oncoming traffic.
Obeying Traffic Signals: Pedestrians must obey traffic signals and pedestrian control signals. However, drivers must still exercise caution and yield to pedestrians lawfully within the intersection.

When these rights are violated, and an accident occurs, the injured pedestrian may have grounds to pursue a personal injury claim.

Common Causes of Pedestrian Accidents in Dallas

Several factors contribute to pedestrian accidents in Dallas. Identifying these causes can help pedestrians and drivers alike take preventive measures:

Distracted Driving: Drivers texting, talking on the phone, or engaging in other distractions are a major cause of accidents.
Failure to Yield: Drivers failing to yield the right-of-way to pedestrians in crosswalks or intersections.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of pedestrian accidents.
Drunk Driving: Alcohol impairment significantly impairs a driver’s ability to operate a vehicle safely.
Poor Visibility: Accidents are more likely to occur during dawn, dusk, or nighttime due to reduced visibility.
Infrastructure Issues: Inadequate lighting, poorly designed crosswalks, and lack of pedestrian signals can also contribute to accidents.

Steps to Take After a Pedestrian Accident

If you are involved in a pedestrian accident in Dallas, taking the following steps can protect your health and legal rights:

Ensure Your Safety: Move to a safe location away from traffic.
Call 911: Report the accident to the police and request medical assistance if needed.
Gather Information: Collect the driver’s name, contact information, insurance details, and license plate number. Obtain contact information from any witnesses.
Document the Scene: If possible, take photos and videos of the accident scene, including vehicle damage, injuries, and traffic signals.
Seek Medical Attention: Even if you feel fine, seek medical attention immediately. Some injuries may not be immediately apparent.
Report the Accident: File a report with the Dallas Police Department.
Contact a Lawyer: Consult with a Dallas pedestrian accident lawyer to understand your rights and legal options.

The Role of a Dallas Pedestrian Accident Lawyer

Navigating the legal complexities of a pedestrian accident claim can be challenging. A Dallas pedestrian accident lawyer can provide invaluable assistance:

Investigating the Accident: Lawyers conduct thorough investigations to gather evidence, identify liable parties, and build a strong case.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive fair compensation.
Determining Liability: Establishing liability is crucial in a pedestrian accident claim. A lawyer can help prove the driver’s negligence caused the accident.
Calculating Damages: Lawyers assess all your losses, including medical expenses, lost wages, pain and suffering, and future medical care, to determine the full value of your claim.
Filing a Lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.

Understanding Negligence and Liability

In pedestrian accident cases, negligence is a key factor in determining liability. Negligence occurs when a driver fails to exercise reasonable care, resulting in an accident and injuries. To prove negligence, you must demonstrate the following:

Duty of Care: The driver had a duty to exercise reasonable care to avoid harming pedestrians.
Breach of Duty: The driver breached this duty by acting negligently (e.g., speeding, distracted driving).
Causation: The driver’s negligence directly caused the pedestrian accident.
Damages: The pedestrian suffered damages as a result of the accident (e.g., medical expenses, lost wages).

Types of Compensation Available

If you have been injured in a pedestrian accident in Dallas, you may be entitled to various types of compensation:

Medical Expenses: Coverage for past and future medical bills, including hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: Reimbursement for lost income due to the inability to work.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Property Damage: Reimbursement for damaged personal property, such as clothing, glasses, or cell phones.
Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.

Common Defenses in Pedestrian Accident Cases

Defendants in pedestrian accident cases may raise several defenses to avoid liability:

Pedestrian Negligence: Claiming the pedestrian was also negligent (e.g., jaywalking, failing to obey traffic signals).
Sudden Emergency: Arguing the driver faced a sudden and unexpected emergency, leaving them no time to avoid the accident.
Pre-Existing Conditions: Asserting the pedestrian’s injuries were caused by a pre-existing medical condition rather than the accident.
Lack of Evidence: Challenging the evidence presented by the pedestrian, such as witness testimony or accident reconstruction reports.

Choosing the Right Dallas Pedestrian Accident Lawyer

Selecting the right lawyer is crucial for the success of your pedestrian accident claim. Consider the following factors when choosing a lawyer:

Experience: Look for a lawyer with extensive experience handling pedestrian accident cases in Dallas.
Reputation: Check online reviews and testimonials to assess the lawyer’s reputation and track record.
Resources: Ensure the lawyer has the resources to thoroughly investigate your case and hire expert witnesses if necessary.
Communication: Choose a lawyer who communicates effectively and keeps you informed throughout the legal process.
Contingency Fees: Most personal injury lawyers work on a contingency fee basis, meaning you only pay if they recover compensation for you.

Preventing Pedestrian Accidents: Safety Tips

While understanding your rights is essential, preventing accidents is even more critical. Here are some safety tips for pedestrians and drivers in Dallas:

For Pedestrians:

Use Crosswalks: Always use marked crosswalks or intersections when crossing the street.
Obey Traffic Signals: Pay attention to traffic signals and pedestrian control signals.
Be Visible: Wear bright clothing and carry a flashlight when walking at night.
Avoid Distractions: Refrain from using cell phones or other electronic devices while walking.
Watch for Turning Vehicles: Be cautious of vehicles making turns, as they may not always see pedestrians.

For Drivers:

Stay Alert: Avoid distractions and focus on the road.
Yield to Pedestrians: Always yield the right-of-way to pedestrians in crosswalks and intersections.
Check Blind Spots: Before making a turn or changing lanes, check your blind spots for pedestrians.
Reduce Speed: Slow down in areas with high pedestrian traffic.
Never Drive Impaired: Avoid driving under the influence of alcohol or drugs.

Conclusion

Pedestrian accidents can have devastating consequences, but understanding your rights and knowing how to take appropriate action can make a significant difference. If you or a loved one has been injured in a pedestrian accident in Dallas, don’t hesitate to seek legal assistance. A knowledgeable and experienced Dallas pedestrian accident lawyer can help you navigate the legal process, protect your rights, and pursue the compensation you deserve. Contact our firm today for a free consultation, and let us help you on the path to recovery.