Texas Pedestrian Accident Lawyer

Texas Pedestrian Laws

Texas law provides specific protections for pedestrians and outlines clear duties for drivers. Key pedestrian laws include:

• Right-of-Way in Crosswalks: Drivers must yield to pedestrians in marked and unmarked crosswalks when traffic control signals permit crossing.
• Traffic Signals: Pedestrians must obey walk and don’t-walk signals at intersections, but drivers must still exercise caution.
• Sidewalk Use: When sidewalks are available, pedestrians are required to use them. If no sidewalk exists, pedestrians should walk facing traffic when possible.
• School Zones and Residential Areas: Drivers must reduce speed and remain alert for pedestrians, especially children.

When a driver violates these laws and causes an injury, they may be held legally responsible. Even if a pedestrian is partially at fault, Texas’s modified comparative negligence rule may still allow recovery if the pedestrian is less than 51% responsible.

Common Causes of Pedestrian Accidents

A pedestrian accident occurs when a person walking on foot is struck by a vehicle, bicycle, or other mobile object, resulting in injury or death. These accidents typically occur on roads, crosswalks, parking lots, or driveways and often involve motor vehicles such as cars, trucks, or motorcycles.

Common causes of pedestrian accidents include:

• Driver Distraction: Texting, talking on the phone, eating, or using in-car entertainment while driving.
• Failure to Yield Right-of-Way: Drivers not stopping for pedestrians at crosswalks or intersections.
• Speeding: Reduces a driver's reaction time and increases the severity of injuries in a collision.
• Driving Under the Influence (DUI): Alcohol or drug impairment affects judgment, reaction time, and coordination.
• Poor Visibility: Accidents occur more frequently at night or during bad weather when pedestrians are harder to see.
• Left or Right Turns at Intersections: Drivers may focus on oncoming traffic and overlook crossing pedestrians.
• Backing-Up Accidents: Drivers reversing in driveways or parking lots may not see pedestrians behind the vehicle.
• Inadequate Infrastructure: Lack of sidewalks, crosswalks, or pedestrian signals increases risk.
• Weather Conditions: Rain, fog, or snow can obscure visibility and make roads slippery.

How to Prove Fault in Texas Pedestrian Accidents

Depending on the circumstances of your accident, it can be difficult to determine who is at fault. You may have trouble remembering details due to shock and adrenaline. 

As the victim in a pedestrian accident, you have to provide evidence that proves the following points:

• The at-fault party owed you a duty to abide by traffic laws and look out for your safety.
• They violated this duty by failing to drive safely and follow traffic laws.
• This violation directly caused the accident and your injuries.
• Your injuries resulted in damages.

We understand that this can be intimidating, but we can help you gather the evidence, like video footage and police reports, to improve your chances of receiving the compensation you deserve. Our pedestrian accident lawyers in Texas also suggest taking as many photos and videos of the accident as possible to capture it undisturbed. If any witnesses are present, you can also write down their information. Taking these actions will only benefit your case and make the details clearer.

What Potential Damages Can You Recover After a Pedestrian Accident in Texas?

After sustaining injuries due to someone else’s negligence, you have the right to pursue financial compensation for your losses. 

Depending on the details of your case and the severity of your injuries, you may be able to recover the following damages:

• Pain and suffering
• Ambulance ride
• Current and future medical bills
• Rehabilitation
• Physical therapy
• Lost wages from missed work
• Reduced quality of life
• Mental anguish
• Punitive damages

How Can Our Pedestrian Accident Attorney Help You

Pedestrian accidents can happen for many reasons, including distracted driving, driving under the influence, or speeding. We have experience handling all types of cases involving pedestrians; no challenge is too big for us. We are well-versed in the unique challenges of these claims and can improve your chances of a successful outcome in the following ways:

• Answering all your legal questions
• Thoroughly investigating your case
• Identifying an at-fault party
• Gathering evidence like video footage, medical records, and police reports
• Interviewing witnesses
• Utilizing resources like medical professionals and accident reconstructionists
• Negotiating with insurance companies on your behalf
• Taking your case to trial if necessary

Your top priority after suffering injuries in a pedestrian accident should be recovery. With the help of our reliable lawyers at Hilliard Law, you can rest while we manage every part of your case, including filing your claim within the two-year statute of limitations. Our Texas pedestrian accident attorneys always strive to seek justice and make the legal process as stress-free as possible.

Pedestrian Accident FAQs in Texas

What should I do immediately after being hit by a car as a pedestrian in Texas?

If you are physically able, call 911 right away and request medical assistance. Try to move to a safe location, document the scene with photos, and gather the driver’s information and contact details from any witnesses. Even if your injuries seem minor, seek medical care as soon as possible, as some injuries may not be immediately apparent.

Can I still file a pedestrian accident claim if I was not in a crosswalk?

Yes. While pedestrians generally have the right of way in crosswalks, drivers still have a legal duty to operate their vehicles safely and remain alert for pedestrians at all times. If a driver was speeding, distracted, impaired, or otherwise negligent, you may still have a valid claim even if you were not in a marked crosswalk.

What if the driver who hit me fled the scene?

If the driver was involved in a hit-and-run, you may still have options. Uninsured/underinsured motorist (UM/UIM) coverage under your own auto insurance policy may apply, even though you were walking at the time of the crash. Law enforcement investigations and surveillance footage may also help identify the driver.

Is the driver always at fault in a pedestrian accident?

Not always. While drivers often bear responsibility due to their duty of care, fault depends on the specific circumstances of the crash. Factors such as jaywalking, ignoring traffic signals, or walking while distracted can affect liability. A thorough investigation is typically required to determine fault.

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

Under Texas law, the statute of limitations for most pedestrian accident claims is two years from the date of the accident. If you miss this deadline, you may lose your right to pursue compensation, so it is important to act promptly.

Can I file a claim if the accident involved a government vehicle or dangerous road conditions?

Yes, but claims involving government entities or unsafe road design can be more complex and may involve shorter notice deadlines. These cases may require proving that a government agency failed to properly maintain roadways, signage, or traffic signals.

Do I need a lawyer for a pedestrian accident claim in Texas?

While you are not required to hire an attorney, pedestrian accident cases often involve serious injuries and disputes over fault. An experienced Texas pedestrian accident lawyer can help investigate the crash, negotiate with insurance companies, and pursue full compensation on your behalf.

Contact Our Texas Pedestrian Accident Attorney Today

Texas is a wonderful state to explore on foot, but pedestrians face the danger of being in an accident due to a negligent driver or bicyclist. If you have sustained injuries due to another party’s reckless behavior, taking on the legal processes that follow can be challenging. But you do not have to do it alone. Our dedicated team at Hilliard Law is here to guide you through your entire claim from start to finish with diligence and drive.

The lawyers at Hilliard Law have extensive knowledge of the complicated nature of pedestrian accident cases. Our passionate team fights tirelessly for Texas injury victims and negotiates with insurance companies to avoid lowball offers. We have secured hundreds of millions of dollars in awards and settlements for our clients. If our automotive accident attorneys take your case, we will work on a contingent fee basis, meaning you don’t pay us unless we win.

To schedule a free consultation, call our Texas  at (866) 927-3420 or fill out our contact form.