Pedestrian Accidents

Support When You Need It Most

Pedestrian accidents can result in serious injuries and life-changing consequences. If you've been struck by a vehicle while walking in Texas, you may be facing medical bills, lost wages, and uncertainty about your legal rights. AskLitigation is here to guide you through the process and help you pursue fair compensation.

Pedestrian injuries are common in busy Texas cities, school zones, and intersections. Our attorneys handle cases involving not only pedestrian accidents but also car accidents and motorcycle accidents.

The Reality of Pedestrian Accidents in Texas

Texas faces a pedestrian safety crisis with sobering statistics:

• Over 800 pedestrian deaths annually (highest in the nation)
• 5,000+ pedestrians injured each year
• Houston, Dallas, San Antonio, and Austin rank among America's most dangerous cities for pedestrians
• 75% of pedestrian fatalities occur at night
• Most accidents happen outside of crosswalks

These numbers represent real people whose lives have been forever changed by preventable accidents.

Texas Pedestrian Laws and Your Rights

Texas law provides specific protections for pedestrians:

• Right-of-Way in Crosswalks: Vehicles must yield to pedestrians in marked and unmarked crosswalks
• Sidewalk Rules: Pedestrians should use sidewalks when available
• Crossing Requirements: Cross at intersections when possible; yield to traffic when crossing elsewhere
• Signal Compliance: Pedestrians must obey traffic control signals
• School Zones: Enhanced penalties for hitting pedestrians in school zones

Even if you weren't in a crosswalk, you may still have a valid claim under Texas law.

Common Causes of Pedestrian Accidents in Texas

Most Texas pedestrian accidents result from:

• Distracted driving (texting, phone calls)
• Failure to yield at crosswalks
• Running red lights or stop signs
• Turning vehicles not checking for pedestrians
• Backing up without looking
• Driving under the influence
• Speeding in residential areas
• Poor visibility conditions
• Inadequate street lighting

Urban sprawl and car-centric infrastructure contribute to Texas's pedestrian danger.

Steps to Take After a Pedestrian Accident

If you're hit by a vehicle in Texas:

1. Call 911 immediately - Get police and medical help
2. Don't move if seriously injured - Wait for paramedics
3. Get driver information - Name, insurance, license plate
4. Document the scene - Photos of the location, vehicle, injuries
5. Identify witnesses - Get names and contact information
6. Seek medical treatment - Even if injuries seem minor
7. Keep all records - Medical bills, missed work, expenses
8. Don't give statements - Avoid recorded insurance statements
9. Contact an attorney - Protect your rights early

What Compensation Can You Recover?

Texas pedestrian accident victims may recover:

• Emergency medical treatment
• Hospitalization and surgery
• Rehabilitation and physical therapy
• Lost wages and future earning capacity
• Pain and suffering
• Mental anguish and emotional trauma
• Permanent disability or disfigurement
• Assistive devices (wheelchairs, crutches)
• Home modifications for disabilities
• In cases of gross negligence, punitive damages

Pedestrian injuries are often severe, requiring substantial compensation.

Why Pedestrian Cases Need Special Attention

Pedestrian accident claims involve unique considerations:

• Severe Injuries: No protection means catastrophic injuries are common
• Complex Liability: Multiple parties may be responsible
• Visibility Issues: Determining who could see whom and when
• Insurance Challenges: May involve auto, health, and premises liability coverage
• Long Recovery: Extended medical treatment and rehabilitation
• Permanent Impact: Many victims face lifelong disabilities

Experienced legal representation is crucial for navigating these complexities.

Time Limits for Filing a Pedestrian Accident Claim

In Texas, you have:

• Two years from the accident date for personal injury claims
• Two years for wrongful death claims
• Six months or less for claims against government entities
• Special rules for injured minors (deadline may be extended)

Acting quickly preserves evidence and witness testimony.

Proving Fault in Texas Pedestrian Accidents

To establish the driver's liability, we must prove:

• The driver owed you a duty of care
• The driver breached that duty (negligence)
• The breach caused your injuries
• You suffered damages as a result

Evidence includes surveillance footage, witness statements, accident reconstruction, and cell phone records.

Texas's Modified Comparative Fault Rule

Important for pedestrian claims:

• You can recover if less than 51% at fault
• Compensation reduced by your percentage of fault
• Common defenses include jaywalking, dark clothing at night, or distraction
• An attorney can minimize fault attribution

Even if partially at fault, you may still recover substantial compensation.

Frequently Asked Questions About Texas Pedestrian Accidents

Can I recover if I wasn't in a crosswalk when hit?

Yes. While crossing outside a crosswalk may affect fault determination, drivers still have a duty to watch for and avoid hitting pedestrians. Your compensation may be reduced but not eliminated if you're less than 51% at fault.

What if the driver fled the scene?

Hit-and-run pedestrian accidents are unfortunately common in Texas. You may recover through uninsured motorist coverage, crime victim compensation, or if the driver is found, criminal restitution and civil claims.

Who pays my medical bills while my case is pending?

Your health insurance, auto insurance (PIP coverage), or medical payment coverage may cover initial treatment. Some providers work on a lien basis. An attorney can help coordinate coverage and protect your interests.

Can I sue if poor road design contributed to the accident?

Yes. Cities and TxDOT may be liable for dangerous road designs, missing crosswalks, or inadequate signals. Government claims have shorter deadlines and special procedures, so act quickly.