When a car hits a pedestrian, one of the most common injury types is a head injury. A head injury can occur when the pedestrian’s head hits the ground, causing trauma to the skull or/and the brain. If a car hits you and you need compensation for your head injury, here are some things you’ll need to consider.
The first thing that you’ll want to think about is who’s responsible for your injury. While the driver is often at fault, in some cases, the pedestrian may be to blame. For instance, what if you were hit by a car but not in a crosswalk? In Texas, the law requires that pedestrians yield the right of way to vehicles when crossing at a place other than a designated crossing area and that pedestrians only cross when walk signals allow.
Texas insurance law requires that drivers who cause accidents to pay for them. Therefore, if the driver was in the wrong and should have yielded the right of way to you at the time of your accident, then s/he is responsible, or liable, for your injuries.
Another thing that’s important to consider when thinking about recovering compensation from a pedestrian accident is the type of head injury that you’ve incurred. Some head injuries, like a minor concussion, can be treated with rest and time.
Other head injuries, though, such as a traumatic brain injury, may require lifelong care. The extent and severity of your head injury will inform how much compensation you need to return to a normal standard of life.
There are two primary options for recovering compensation for a head injury after a pedestrian accident, assuming the other party was at fault. If the at-fault driver carries insurance and carries enough insurance to pay for all your medical bills, then filing a claim with his or her insurance company may be the best deal.
However, if the other driver does not carry insurance, or does not carry enough insurance to pay for your medical expenses (more common with more severe head injury types), then you should consider filing a personal injury lawsuit. In Texas, all personal injury lawsuits must be filed within two years.
At the Law Office of Julie Johnson PLLC, our Dallas pedestrian accident attorneys can help you prove the fault of the responsible driver. We don’t stop there, though, we can also explain which recovery option is most likely to yield the damages you require. Call us at 214-290-8001 or fill out our contact form.