Truck Pedestrian Accident Settlements

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Michael E. Pierce

Truck Pedestrian Accident Settlements

Any type of accident involving a vehicle striking a pedestrian will be serious. However, the dangers and severity of injuries increase exponentially when the accident involves a pedestrian and a commercial truck. Truck pedestrian accidents can cause permanent, life-changing injuries for the pedestrian that can limit their ability to work and perform day-to-day activities.

According to a report from the Governors Highway Safety Association (GHSA), there were 6,590 pedestrian fatalities in 2019, the highest since 1988. Now, more than ever, the need for safety and awareness is important to all pedestrians and drivers.

If you or a loved one have been injured in a truck pedestrian accident, you may be facing financial hardships in addition to physical injuries. A truck pedestrian accident settlement can help offset the costs of medical treatment, lost wages, and other losses.

At Pierce Skrabanek, we have successfully litigated serious personal injury cases since 1986. We have the experience and the resources to handle your claim, no matter how complex it may be. Contact us at 832-690-7000 for a no-cost, no-obligation consultation on your case. Our goal is to put your interests first so we can achieve the best possible outcome.

Causes of Truck Pedestrian Accidents

All commercial truck drivers must follow specific traffic laws that are designed to protect pedestrians. For instance, the driver must stop before a sidewalk when exiting a driveway or alleyway.

Unfortunately, truck drivers may not always obey such road rules and may engage in negligent actions that endanger the safety and lives of pedestrians. Causes of truck pedestrian accidents include:

  • Distracted Driving: Distracted driving can include any action ranging from texting and cell phone use to other behavior such as eating while driving or changing the radio station. Anything that takes the driver’s attention off the road can create a dangerous distracted driving situation.
  • Drowsy Driving: Commercial truck driving is a demanding job, often involving long stretches of driving over several days. If a truck driver continues to drive while in a drowsy state, it could affect their reaction time and decision-making ability.
  • Driving Under the Influence: Another factor that can affect reaction time and overall driving performance is driving under the influence. Note that this can include other substances such as drugs and even prescription medications, not just alcohol.
  • Inspection Failure: Commercial drivers are required to perform meticulous inspections of their vehicles before driving. For example, if they fail to check their brakes properly, it could lead to a pedestrian accident. Another common example is if they do a poor inspection of their headlights, which reduces their ability to see people walking nearby.
  • Blind Spot: Due to their large size, trucks have massive blind spots. Many truck pedestrian accidents happen because a truck driver failed to check their blind spot correctly.
  • Speeding: Speeding is dangerous in any vehicle, but even more so with a truck — the time to slow down and stop fully is significantly longer than with a smaller passenger vehicle. A speeding semi-truck may not have enough time to avoid striking a passenger, even if they see them beforehand.
  • Disobeying Traffic Signs and Rules: Failing to yield, stop at an intersection, or signal when turning can cause a devastating accident with a pedestrian.

These accident causes are traceable to driver negligence. A skilled attorney will be able to identify what caused a truck accident and how the driver can be held liable for their actions.

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Truck Pedestrian Accident Injuries

Injuries in a pedestrian truck accident can be catastrophic and life-altering. They can result in permanent injuries that require an entire change of lifestyle for the victim and their family. In many instances, this type of accident can lead to a fatality.

There are several reasons why truck pedestrian accidents can lead to such catastrophic injuries. First, the size and weight of trucks (often more than 80,000 pounds) create greater impact forces than those generated in a car accident. Secondly, trucks take longer to decelerate and stop fully, which increases the chances that the pedestrian will be hit at a faster speed. Lastly, pedestrians have no protection between their body and the vehicle, leading to more grave and sometimes deadly injuries.

Even accidents at a lower speed can be disastrous for a pedestrian. Injuries from a truck pedestrian accident may include:

  • Broken bones and fractures
  • Internal and external bleeding
  • Damage to internal organs
  • Spinal cord damage, often leading to paralysis
  • Head injuries, including traumatic brain injuries and concussions
  • Leg injuries
  • Chest and torso injuries

It is not uncommon for a truck pedestrian accident to result in a fatality. In such cases, the family of the victim may need to file a wrongful death lawsuit, which can help cover additional costs such as funeral expenses. Hiring a truck accident wrongful death attorneys can help ensure that the family is fully compensated for their losses.

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Compensation in a Truck Pedestrian Accident Lawsuit

As in other types of vehicle accident lawsuits, a truck pedestrian accident lawsuit can help the victim recover losses that were caused by the accident. A monetary damages award can help cover expenses such as:

  • Medical expenses
  • Loss of past and future wages
  • Additional costs associated with surgery and rehab
  • Pain and suffering
  • Costs of alternative treatments not covered by normal insurance
  • Various other losses

The amount of compensation in a truck accident lawsuit will depend on many factors, including the severity of the injuries, how negligent the driver was, and the number of parties involved.

The overall monetary award also depends on the skill of the attorney handling the case and their ability to effectively argue the victim’s case in court. Thus, it’s important to select an attorney who has experience with truck pedestrian accident settlements and a proven court record in that area. Get in touch with us at 832-690-7000 to speak with an attorney who is capable of obtaining the highest recovery on your behalf.

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“My experience with Mr. Skrabanek was honestly far better than all expectations that we had. He took care of us like we were family, making sure me and my wife always felt like a priority and walked us through all of the concerns that we had. If you are looking for a professional who truly cares for his clients you can stop the search. You won’t be disappointed.”

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“Mike and his team helped me settle an injury claim case. I was informed and helped through every step and they were always professional and very responsive. I really enjoyed working with them.”

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“My attorney, Michael, did an amazing job with my case. He’s a straight shooter and has a vast knowledge of the law combined with an extensive amount of experience, making him a fantastic attorney. I fully recommend this firm.

Thank you Pierce Skrabenek!”

Gabriela C.

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“Paul Skrabanek of the law firm Pierce Skrabanek was very professional and went above & beyond in handling my daughter's case. Very dedicated, worked diligently, and got justice for my family. If I could give a higher rating than 5 stars I would. Thank you and your firm for such tenacity.”

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“These guys are awesome, they were very informative from the beginning to end, working with them was super smooth, and I had all questions answered thoroughly. The whole team at this firm works to help in every way they can. They were able to get me the compensation I deserved and exceeded my expectations. If you’re ever in need of a stellar team to stand behind you and work for you, these guys are the ones you would want in your corner.

Thank you very much Paul and thank your team for me.”

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“Working with Paul Skrabanek was a very positive experience. He helped me understand the legal process as someone who has never been a part of a lawsuit, and was able to get me settled quickly and painlessly! Loved working with Pierce Skrabanek law firm!”

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Michael Pierce and his team, especially Krystle, were very professional, always available (even on weekends), and very knowledgeable. We appreciate their hard work on our case and the time they took to explain every detail as our case progressed. Mike is a phenomenal attorney and we highly recommend them for your legal needs.”

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“I found Mr. Skrabanek to be very trustworthy, creditable, and genuinely concerned about my well-being while I was going through this very difficult process. He showed constant concern for me being completely satisfied before making any final decisions.”

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“Fantastic team of attorneys and staff dedicated to their clients. Michael Pierce is an outstanding trial attorney for personal injury cases.”

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“We watched, participated & listened to Paul Skrabanek fight for a settlement which we could be happy with. Just this month the case has been put to rest.”

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Hire a Truck Pedestrian Accident Lawyer

When a truck strikes a pedestrian, the case may be more complex due to federal regulations that commercial drivers must follow. They can also involve multiple parties, as well as a long list of losses and expenses caused by the incident.

If you were injured as a pedestrian in a commercial truck accident, contact Pierce Skrabanek today to learn how we can help you pursue justice. Our team is recognized as one of the most successful plaintiffs’ firms in Texas and we have substantial experience in personal injury lawsuits. Contact us at 832-690-7000 for a free initial consultation to learn your options. We are here to ensure you obtain the most favorable outcome for your claim.

Frequently Asked Questions

How long do I have to file a truck pedestrian accident lawsuit?

The filing deadline in Texas is two years for vehicular accidents. This is known as the “statute of limitations” and means you have two years from the date of your accident to file a claim.You should contact a lawyer and file a claim as soon as possible after your injury. After the filing period has closed, you will not be able to file in court anymore.

Do I sue the driver or the truck company in a truck pedestrian accident claim?

This depends on the facts and circumstances of your case. If the driver’s negligence is the main cause of the accident, you will likely sue the driver directly. If other factors are at play, the truck company may be liable. An example of this is where the trucking company knowingly hired a truck driver who lacked proper certification.In many instances, you may need to sue both the driver as well as the company they work for. Sorting out liability can be complex and requires the assistance of a lawyer. Contact a truck pedestrian accident attorney in your area if you are unsure of who to sue.

How long will a truck accident lawsuit take to complete?

There is no set timeline or length for a truck pedestrian accident settlement. Due to the complexity of these types of cases and the fact that they typically involve major injuries, a lawsuit can take anywhere from six months to a year or even longer.At Pierce Skrabanek, we are knowledgeable of the legal process and will ensure that your claim is filed in a timely manner and is continually progressing through the court system up to its conclusion.

How can a pedestrian truck accident lawyer help?

A competent accident attorney can provide many services in connection with the lawsuit. In a truck pedestrian accident, the victim will likely be incapacitated, and in many cases, fatalities may be involved. This means they may not be able to do the preparation themselves.This is where the assistance of a lawyer comes into play. They can take on tasks such as:

  • Gathering documents, records, and evidence for trial
  • Researching the relevant injury laws
  • Preparing a strong legal strategy for court
  • Presenting and arguing the plaintiff’s case before a jury
  • Obtaining the proper compensation award for the victim and their family

Even if you are unsure if you have a case, you should contact a lawyer immediately after a pedestrian truck accident. The attorney will be able to inform you of how to proceed in light of your unique circumstances. Contact us at832-690-7000 for legal representation on your case. We give each of our clients personal attention and have settled hundreds of million-dollar cases.

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We know how tough things can get after an injury. That’s why we make your struggles our fight. With over three decades of combined experience, we’ve been the reliable allies our clients need, tackling financial hardships, physical pain, and major life changes. Our track record of successful verdicts and settlements speaks to our team’s passion and dedication to helping clients get the support and justice they need.

$2.0 Million Settlement for 18-wheeler driver

Paul obtained a $2.0 million settlement for an 18-wheeler driver who was rear-ended by another 18-wheeler driver in Louisiana. The claims were against the Defendant’s 18-wheeler driver as well as the company that employed him. The Plaintiff underwent two surgeries as a result of the collision. The case settled after numerous depositions to the satisfaction of the client.

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$565,000 Settlement for 18 Wheeler Victim

Paul obtained a $565,000 settlement on behalf of Mary Berryman who was involved in a collision with an 18-wheeler in December 2010. The case was settled out of court at a second mediation the week before trial. Berryman filed suit against Jose Peralta and Scorpion Transport in Dallas County Court alleging that Peralta ran a stop sign and caused a collision with her truck. Peralta and Scorpion alleged that Berryman was in the best position to avoid the collision simply by going around him. Ultimately, Berryman, now 62, suffered a back injury that required her to undergo surgery. Peralta and Scorpion contended that the 62-year-old’s condition was related to a prior incident in 2007 where doctor reports showed herniations in her low back and neck. After the first mediation in the case, the mediator issued a mediator’s proposal, which was rejected by both parties. However, at a second mediation, the week before trial, the Defendants and their insurance carrier paid in excess of the first mediator’s proposal. Paul was the lead attorney on the case.

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