Auto Pedestrian Collision

The National Highway Traffic Safety Administration reported 6,283 pedestrian deaths in 2018, the most pedestrian deaths in almost thirty years. Texas is the 8th most dangerous state in the country for pedestrians according to Smart Growth America and the National Complete Streets Coalition. The same data ranks the greater Houston area as the 23rd most dangerous metro area in the country, and 3rd most dangerous metro area in Texas behind McAllen and San Antonio. The scariest part is that the numbers are on the rise. Why? Experts cite multiple reasons for the steady increase in pedestrian deaths, including distracted driving due to electronic devices, bigger vehicles, and population growth in urban areas.

Auto-pedestrian cases are very different than traditional automobile collision cases. One of the most significant differences is the injuries they cause. While companies design vehicles, in part, to help absorb the force of a collision with another vehicle, our bodies obviously are not. PERDUE & KIDD commonly sees fractured knees, ribs, and hips as well as hematomas in auto-pedestrian cases. Some of these injuries are ones for which the best medical treatment is very little formal treatment at all. For example, victims of auto-pedestrian incidents that suffer fractured ribs often must just rest to allow the ribs to heal.

What is An Auto Pedestrian Collision?

What does that have to do with a lawsuit against a negligent driver? Less medical treatment means less medical expenses, and insurance companies will use that against victims of auto-pedestrian collisions to justify offering unreasonably low settlements. However, just because an injury doesn’t require substantial treatment doesn’t mean you have not suffered significant physical pain, mental anguish, and physical impairment. Don’t try to fight the insurance company on your own. It is crucial to the success of your case that you hire a law firm that understands these injuries and their treatment, the affect they have on the value of your case, and how to fight the insurance company’s deceitful tactics.

There are also different Rules of the Road that control how automobiles must interact with pedestrians as opposed to other automobiles. Drivers that hit pedestrians often say, “I didn’t see her,” a defense that could sound more reasonable to a jury than with a traditional automobile collision. Understanding why the driver did not see the pedestrian and why the driver should have seen the pedestrian, are at the heart of the case. That means the first step in pursuing an auto-pedestrian claim is investigating where the collision occurred: Was there a crosswalk? Are there any warning signs or devices nearby? Is the area well-lit? Are there usually other pedestrians in the area?

Personal Injury Lawyers

Many auto pedestrian collisions occur in crosswalks, but that’s not always the case to prevail in an auto-pedestrian suit. Many other auto-pedestrian incidents occur outside crosswalks in areas with high pedestrian traffic such as near schools, office buildings, and events such as concerts and festivals. In these areas, drivers must exercise heightened awareness for the potential of encountering pedestrians. Insurance companies use things such as a pedestrian being outside a crosswalk or wearing dark clothing as grounds for denying compensation. But if you’re walking to work in downtown Houston while it is dark, and you cross the street in a well-lit crosswalk surrounded by other pedestrians, should it matter what you are wearing? If you truly want to take-on the insurance company and seek compensation, hire a lawyer that expects these disingenuous arguments and knows how to combat them.

Auto-pedestrian collisions should not be taken lightly. If you have been a victim of an auto-pedestrian collision, call PERDUE & KIDD today because your road to recovery—both physical and financial—is not an easy one. Let us fight for you.

According to the Centers for Disease Control and Prevention (CDC), there are approximately 4.7 million dog bites in the United States each year. Dog bites can cause significant and unique injuries, such as rabies and other infections, fractures, and circulation issues. Even a bite that appears harmless can present life-altering complications that become life-threatening if they go untreated. The CDC reports that almost 20% of dog bites become infected, but timely medical care can help prevent an infection.

After you receive any necessary emergency medical treatment, you should quickly report the dog bite to the local police department and animal control agency, whether you know the dog’s owner or not. You should also report the dog bite to any other entities associated with the location of the bite. For example, if a dog bites you at an apartment complex, notify the property management immediately. It is crucial that every bite a dog inflicts is recorded with the proper authorities.

In Texas, holding a dog owner liable for injuries caused by the dog could require proving that the dog has bitten or attacked someone previously. Just think… What if you were not the first person this dog attacked, but no victim before you ever reported a bite from that same dog? Report the bite to protect both your rights and anyone else that encounters the dog after you. PERDUE & KIDD CAN help you investigate the dog’s history and find the information necessary to hold the dog owner accountable.

There Is Liability Coverage

Last year, homeowners’ insurers paid out $675 million in liability claims related to dog-related injuries. However, as with all personal injury claims, you should not try to pursue compensation for injuries on your own. An insurance company does not have your best interest in mind. They will try to get you to sign a release before you appreciate the seriousness of your injuries. Do not attempt to go toe-to-toe with the insurance company by yourself. To get the best recovery, you need a strong and respected law firm that understands the nuanced law in Texas as it relates to holding dog owners—and other entities—responsible for a dog attack.

For example, where the dog attack occurs makes a significant difference in your case; the location affects who can potentially be held liable and what you must prove to recover compensation from them. Did your neighbor Bill’s German Shepard bite you in your front yard? Or was it in Bill’s front yard? (Oh and does Bill own or rent his house?) Did a stranger’s pit bull bite you at a public dog park? Or was it at a dog park at an apartment complex? Or was it on a patio at your favorite restaurant or watering hole? Pursuing a dog bite claim in Texas is far more complex than you might suspect, but PERDUE & KIDD can help identify all the potential sources of recovery and help you get the best recovery possible.

Contact An Experienced Attorney

Dog bites are not to be taken lightly, and dog attack injuries are not just limited to bites. An aggressive dog could attack you and cause serious injuries without ever biting you, Whether you have been injured by a dog bite or dog attack, call PERDUE & KIDD today because there is a fight ahead. Let us fight for you.

Sources: https://www.cdc.gov/features/dog-bite-prevention/index.html

https://www.iii.org/article/spotlight-on-dog-bite-liability

If you fear that you have a defective medical device implanted in your body, you should immediately contact your physician. Defective medical devices can cause serious, life-threatening injuries, and the potential for harm often escalates the longer the device remains implanted. You don’t necessarily have to contact your implanting physician first. However, he or she will have the most information readily available regarding your medical history. In addition, as with any significant health concern, obtaining a second opinion is never a bad idea.

What is most important is being open and honest with your physicians about your specific concerns. They might not answer the questions that you don’t ask. Your physician can diagnose a complication with the device if one exists or, at the very least, confirm that you have a medical device from which other individuals are suffering complications. In the latter instance, careful monitoring of the product might be crucial. Your physician might decide that it is in your best interest to remove the device from your body.

Get Representation

Whether your physician has diagnosed you with a complication related to a defective medical device, you believe that you are currently experiencing a complication due to a defective medical device, or you simply fear that you are at risk, you should also immediately contact a qualified medical device attorney. Above all, time is of the essence for your ability to file a lawsuit against the device’s manufacturer.

The deadline to file a lawsuit can range as short as one year from the date you sustained injuries; in other states, the deadline is two or more years. This sounds straightforward enough, but when does the “clock” start to “tick”? This seemingly simple question can have a very complicated answer, and the analysis varies greatly from state-to-state. This is just one of many reasons that you must consult with an experienced medical device attorney.

Experience Matters

In conclusion, medical device litigation is nuanced and complex. It’s vital that you hire a law firm with the experience required to successfully navigate a medical device lawsuit. Attorney Jim Perdue, Jr. obtained a $27.6 million verdict in Florida against Boston Scientific Corp related to defective transvaginal mesh products, which was listed as one of the largest product liability verdicts of 2014 by the National Law Journal.

PERDUE & KIDD has successfully represented—and continues to successfully represent—individuals across the country that have been injured by various defective medical devices and pharmaceutical products. Above all, if you believe that you have a defective medical device implanted in your body or have used a dangerous pharmaceutical product, call PERDUE & KIDD today because change only happens if you speak-up.

Contact Us. We Can Help.