A bystander is likely to suffer serious injuries when they are hit by an oncoming car. To make matters worse, insurance companies for the negligent party often attempt to deny liability in such situations. This makes retaining qualified counsel all the more important to protecting your rights. The personal injury attorneys of Noteboom – The Law Firm are able to assist with such matters. Our firm has been serving the DFW area since 1977 and we take pride in the level of representation which we provide to our clients. If you or a loved one are in need of assistance then contact us today to schedule a consultation.
Fort Worth injury attorneys assisting pedestrians who have been hit by a car
When a pedestrian is hit by a car then catastrophic injuries may result. Examples of such harm can include brain damage, spinal injuries, damage to the back and spine, and wrongful death in extreme cases. Common disputes in such cases include claims by the defendant’s insurance carrier that the victim was either partially or entirely at fault. This can include claims that the pedestrian was crossing against a red crosswalk signal or that they were jaywalking as well as claims that they were not paying attention. Insurers will also often claim that a victim’s injuries are not as severe as they actually are or that the injuries were pre-existing.
The first step to take after being hit by a car is to receive immediate medical attention. The victim should then contact an attorney as soon as possible. The victim’s attorney will inform the negligent party’s insurance carrier of the representation. They will deal with the carrier and insurance adjusters while the victim focuses on the important business of their medical treatment. While the victim is being treated, counsel will launch an investigation into the matter. This investigation will include visiting the scene of the incident, interviewing relevant witnesses, obtaining security or traffic footage which may have captured the incident, etc. Once the victim’s prognosis is determined then a demand for payment will be sent to the insurer. If a settlement is not reached then a lawsuit will be filed.
Once litigation has commenced then a Plaintiff’s lawyer will have an opportunity to conduct discovery (the process by which information is gained in a lawsuit). A victim’s discovery will often focus on whether the defendant was engaging in distracted driving which led to the accident. This can be determined by obtaining cell phone records, social media information, and more. If the case involves serious injuries then it may also be necessary to retain medical experts who will offer an opinion as to the long-term prognosis of the victim. The handling of such matters can be highly complicated and it can be crucial to choose the correct attorney.
Our Fort Worth injury attorneys provide aggressive representation in pedestrian accident cases. Once retained, we will immediately contact the driver’s insurance company and our on-staff investigator will visit the scene of the incident. If the insurance company does not present a fair settlement offer then we are prepared to file a lawsuit on your behalf. Our firm has long-running relationships with expert witnesses who can be available to testify and we will conduct all necessary discovery. We understand that this is a serious time in your life and we will work diligently to see your case through to completion. Contact us today for an appointment.
Certified experts in personal injury law assisting injured pedestrians in the DFW area
An injured pedestrian’s choice of counsel can make a critical difference in their case. Our attorneys take a team-based approach to analyzing each and every case we handle. Chuck Noteboom and Brian Butcher are both Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. Our firm also employs an on-staff investigator and we have the resources necessary to litigate against well-funded insurance lawyers. We believe in standing up for the rights of individuals and exceptional service is our promise in each and every case we handle.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.
Common questions in pedestrian accident cases
How long will it take to settle a pedestrian accident case?
Pedestrian accidents may take some time to settle. This is for multiple reasons. First, disputes over liability and damages may prompt the insurance company to either deny liability or to make a “lowball” offer. Second, if the victim has suffered a serious or catastrophic injury, which is common in such cases, then it may be some time before their chances at long-term recovery are reasonably known. These chances of recovery should be ascertainable before making a settlement demand.
How do Texas’ comparative fault laws apply to a pedestrian accident?
It is common for insurance lawyers to claim that a pedestrian was at fault for an accident. They may attempt to claim that one was jaywalking, not inside of a crosswalk, etc. Fortunately, Texas allows a victim to recover damages even if they were partially at fault for the incident. Under our comparative fault laws, a victim may recover damages so long as they were not at least fifty-one percent responsible for the incident. Any damages award will be reduced according to the amount of fault the jury assigns to the Plaintiff. This means, for example, that if a victim is found to be ten percent responsible for the accident then their damage award will be reduced by ten percent.
How can I prove distracted driving in a pedestrian accident case?
It is common for pedestrians to be involved in an accident in which the driver was not paying attention to the road. It may be possible to prove distracted driving by using discovery to obtain the driver’s phone records, photo history, social media information and more. Showing that the driver was distracted can reduce any amount of fault which may be attributed to the Plaintiff.
Should I hire a pedestrian accident lawyer near me?
Individuals searching the internet for an attorney often look for counsel who has an office near them. We strongly suggest choosing an attorney based on their experience, qualifications, and available resources as opposed to only their geography. By focusing on the capabilities of the firm, one helps to ensure that they retain a lawyer who will handle the matter properly.
Contact Us For Assistance
If you have been injured due to the fault of another, please call 817.282.9700 or click the button below to be taken to our contact form. We look forward to speaking with you.