Failure To Yield
Drivers who fail to yield when required can place pedestrians directly in the path of a moving vehicle.
When a pedestrian is struck by a vehicle, the injuries can be devastating. The person on foot has virtually no physical protection from the force of the collision.
The Piri Law Firm represents injured pedestrians across Dallas–Fort Worth and North Texas. We investigate how the collision happened, examine driver conduct and roadway evidence, identify potentially responsible parties, evaluate insurance coverage, and document the full effect of serious injuries.
After a pedestrian accident, obtain appropriate medical care, report the collision when required, document the scene and your injuries when possible, gather witness and insurance information, preserve available evidence, and be cautious about recorded statements or quick settlement offers before the full extent of the injuries is known.
Pedestrian collisions can happen in crosswalks, intersections, parking areas, residential streets, commercial districts and other locations. Determining responsibility requires examining the actual traffic conditions, right of way, visibility and conduct of the people involved.
Drivers who fail to yield when required can place pedestrians directly in the path of a moving vehicle.
Phone use, navigation systems and other distractions can prevent drivers from recognizing pedestrians until it is too late.
A turning driver may focus on approaching vehicle traffic and fail to properly observe a pedestrian crossing the roadway.
Excessive speed reduces reaction time and stopping distance while increasing the force of impact when a pedestrian is struck.
Parking lots, driveways and other areas can become dangerous when drivers fail to adequately check behind their vehicles before reversing.
Lighting, weather, roadway design, obstructions and other visibility conditions may become important when reconstructing a collision.
Pedestrian cases can involve disputes about visibility, right of way, traffic signals, speed, driver attention and exactly where each person was immediately before impact. The evidence should be used to reconstruct what actually happened.
The claim should connect the collision evidence to legal responsibility, the medical evidence to the injuries, and the financial evidence to the losses caused by those injuries.
Review reports, photographs, traffic controls, roadway conditions, witness information, available video and other physical evidence.
Evaluate right of way, driver conduct, pedestrian conduct, visibility, vehicle movement and other facts relevant to liability.
Medical records, treatment, rehabilitation, restrictions and prognosis help establish the consequences of the collision.
Identify potentially applicable insurance coverage and document qualifying medical expenses, lost income and other recoverable losses.
Pedestrians struck by motor vehicles can suffer traumatic brain injuries, spinal injuries, fractures, internal injuries, orthopedic trauma, nerve damage, scarring, disfigurement, amputations and permanent physical impairment.
A serious-injury claim may require evidence concerning future medical treatment, rehabilitation, lost income, reduced earning capacity, pain, physical impairment, disfigurement and other losses supported by the facts and applicable law.
Being outside a crosswalk does not by itself answer every liability question. The location of the pedestrian, driver conduct, visibility, traffic controls, right of way and other circumstances must be evaluated under the applicable law.
A driver's statement does not determine fault. Witnesses, photographs, video, physical evidence, traffic controls, roadway conditions and other evidence can be examined to determine how the collision actually occurred.
Texas uses proportionate-responsibility rules. A claimant's recovery can be reduced according to the claimant's percentage of responsibility, and recovery is generally barred when that percentage is greater than 50 percent.
A hit-and-run collision can create additional investigative and insurance issues. Police reports, witnesses, surveillance footage, vehicle information and potentially applicable insurance coverage should be evaluated promptly.
Depending on the evidence and applicable law, damages may include qualifying medical expenses, lost income, reduced earning capacity, pain, impairment, disfigurement and other losses resulting from the injuries.
Texas generally applies a two-year limitations period to personal-injury claims, subject to exceptions. Other deadlines or notice requirements can apply in particular circumstances, so the applicable deadline should be evaluated for the individual case.
Return to the Personal Injury hub for the broader injury practice.
Claims involving negligent drivers, disputed fault and serious injuries.
Representation for cyclists injured in collisions with motor vehicles.
Serious roadway injury claims involving motorcycles and other vehicles.
Claims involving permanent impairment and major long-term consequences.
Claims arising from fatal accidents and injuries.
Tell us where the collision happened, what you remember about the vehicle and driver, what injuries you suffered, what treatment you have received, and what the insurance companies have told you.
Crash photographs, witness information, police records, medical records, bills, insurance correspondence and documentation of missed work can help begin the evaluation.
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