Fort Worth Wrongful Death Lawyers2021-07-23T18:26:42+00:00

Wrongful Death Lawyers in Fort Worth Texas

The uptick in pedestrian death involving motor vehicles in Fort Worth Texas is concerning.

Wrongful death attorneys in Fort Worth Texas at the Cooper Law Firm can help individuals who have lost a loved one in a pedestrian versus motor vehicle accident in Fort Worth Texas.  The untimely death to people as they engage in foot traffic activities around their cities is unnerving.  The number of pedestrian deaths in the United States has been a problem for many years supported by 2020 data that revealed the loss of 6,721 lives due to Americans being hit by automobiles.  This data provided by the Governors Highway Safety Association shows “the largest-ever annual increase in the pedestrian death rate” since the National Traffic Safety Administration established Fatality Analysis Reporting in 1975, representing a 4.8% increase over the 6,412 individuals killed in 2019, despite less miles traveled during the COVID-19 pandemic.  Damage recovery may be available to assist surviving loved ones with fiscal challenges they face after the death of a family member.

What is the reason for this pedestrian death increases in the United States?

The combination of sport utility vehicle (SUV) use, poor driving behaviors and unsafe road crossings are partially to blame for this trend. Smartphones and increased levels of technological distraction, an all too familiar distraction of everyday life, were recognized culprits both behind the wheel for drivers and on U.S. walkways for pedestrians who were not paying attention to the moving traffic around them.  Texas is one of the seven states (Arizona, California, Florida, Georgia, New York, North Carolina, Texas)  that accounted for more than half (54%) of all pedestrian deaths in the United states.

Pedestrians should understand basic walking safety as this trend is becoming more common and follow road rules for their own safety to include:

  • Obeying the use of traffic signs and lights,
  • Walk on sidewalks when they are available,
  • Walk facing traffic as far away from roadway traffic when there are no sidewalks,
  • Do not be distracted by electronic devices that inhibit your hearing and sight when walking,
  • Cross at intersections where crosswalks are provided and drivers expect to see pedestrians,
  • Look both ways before crossing, even if a signal is green,
  • Cross a street near a streetlight if it is dark outside and wait for a gap in traffic before walking into a street,
  • Always try to make eye contact with the driver of a car that  you will walk in front of,
  • Wear bright colors in the day, and wear reflective clothing at night or carry a light,
  • Watch for cars backing out of parking spaces and driveways,
  • Avoid drinking and doing drugs as they impair cognitive abilities and may lead you to believe it is safe to walk across traffic.

Drivers should also be concerned about injuring pedestrians and take protective measures against that type of occurrence by:

  • Watching out for pedestrian traffic,
  • Driving more slowly and paying close attention when driving in limited visibility conditions including inclement weather, or nighttime,
  • Always slow down and prepare to stop at crosswalks and traffic signals,
  • Yield to pedestrians who have entered the crosswalk and stop in advance to other vehicles will be alerted as well,
  • Do not pass vehicles that are stopped at a crosswalk,
  • Never drive after drinking, or doing drugs,
  • Follow speed limits especially in school zones and where children are playing,
  • When backing up a vehicle, it is important to be cautious as pedestrians can quickly walk into the path of a vehicle. 

Why are recommended safety precautions important after a pedestrian death in Fort Worth?

Texas is a fault state and damage compensation after an accident is based on proving fault in one person that causes harm to another.  Texas utilizes the 51% rule that means if a driver is found to be 50% or less to blame for an accident, they can still seek compensation, but if they are more than 50% at fault, damages will not be recoverable.

Fault determination. 

 Fort Worth Texas wrongful death lawyers are instrumental in determining fault after a pedestrian accident in Fort Worth.  Since fault directly affects the amount of monetary compensation you will receive for a harmful loss, it is best to investigate all of the elements that will support comprehensive damage awards.  Some elements used to determine fault in a pedestrian-related wrongful death action include:

  • Speeding
  • Ignoring traffic signals
  • Driving the wrong way
  • Speeding, especially in poor weather conditions,
  • Distracted driving,
  • Utilizing a cellular device for talking, or texting while driving,
  • Making unsafe turns without using signals,
  • Driving under the influence of alcohol, or drugs.

Surviving family members should keep in mind that negligence after a pedestrian death may reveal shared fault between a driver, or a pedestrian ignoring safety precautions.  In other words, pedestrians may share some fault if they are hit by motor vehicles when they are not paying attention and accidentally walk into the path of moving traffic.

Wrongful death litigation.

When fatal injury occurs in a pedestrian accident, family members, or legal representatives may file a wrongful death legal action within two years and a Texas wrongful death attorney will assist with damage valuations and timelines specific to each case. Compensation may cover medical expenses incurred up to the time of death, funeral and burial expenses, lost wages, pain and suffering, and punitive damages.

Competent wrongful death attorney can objectively speak for families who have lost a loved one in Fort Worth Texas.  If you have suffered the loss of a loved one who died in a pedestrian accident involving a motor vehicle, a wrongful death lawyer in Fort Worth Texas can build a viable case for damages to pay for accident-related medical bills from the time of the accident until the demise of your loved one, current and future lost wages, and pain and suffering for loss of consortium, or companionship as well as funeral and burial expenses.

Cooper Law Firm
N. Eric Cooper
Address: 621 Hemphill St,
Fort Worth, TX 76104

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://www.nhtsa.gov/road-safety/pedestrian-safety

https://www.ghsa.org/sites/default/files/2021-03/Ped%20Spotlight%202021%20FINAL%203.23.21.pdf

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/docs/TN/htm/TN.550.htm

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm

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