Pedestrian Accidents: Legal Options When You Have Been Injured by a Negligent Driver

Pedestrian safety must be a top priority. Unfortunately, Texas remains one of the worst-performing states for pedestrian crashes. People on foot are seriously injured and killed at a higher rate than the national average. Pedestrians have little protection when hit by a vehicle. In Texas, victims of pedestrian accidents have the right to take legal action against negligent drivers. Proving fault and securing compensation can be complicated. A thorough investigation is a must. Here, our Houston pedestrian accident attorney explains your rights and your options if you have been hit by a negligent driver in Texas.

Thousands of Pedestrians are Hurt in Motor Vehicle Collisions in Texas Each Year

According to data from the Texas Department of Transportation (TxDOT), there were more than 5,000 pedestrian crashes reported statewide in 2022 alone. These accidents result in thousands of injuries and hundreds of tragic deaths each year. Pedestrian collisions often occur in urban areas, most notably at intersections, at crosswalks, and along busy roadways. There are all high-trafficked places where visibility is sometimes more limited. With that being said, serious pedestrian collisions can happen at any time and in any place. Many of these accidents are caused by driver negligence. Some of the big issues include speeding, distracted driving, and failure to yield the right-of-way. Other accidents are caused by flawed roadway design, poor pedestrian infrastructure, or even errors (negligence) by the pedestrian.

You Can Bring a Claim Against a Negligent Driver Who Causes a Pedestrian Crash

You have the right to bring a legal claim against a negligent driver who causes a pedestrian crash in Texas. If the driver was speeding, distracted, or failed to yield, they may be held liable for your injuries and other damages. A personal injury claim allows you to seek compensation for medical bills, lost wages, pain and suffering, and more. Be proactive after a pedestrian wreck in Texas.

Note: Most pedestrian accident injury claims in Texas are brought against negligent drivers. However, other parties may potentially be named as defendants as well. For example, you could have a claim against a trucking company, a business or property owner, a highway maintenance crew, or even a government entity.

Texas is a Fault-Based Pedestrian Accident State

Texas is a fault-based state for pedestrian accidents. That means that the party found legally responsible for causing the crash is also responsible for covering the resulting damage. In the aftermath of a pedestrian collision, determining who was at fault is one of the key aspects of the legal claims process. If a negligent driver caused the crash, the injured pedestrian can bring a claim against the driver’s auto insurance policy. For example, a driver who runs a red light and strikes a pedestrian in Houston is negligent. He or she can be held liable for the crash,

For pedestrian accident claims, Texas follows a modified comparative fault rule. If a pedestrian is found partially at fault for their own accident, then his or her financial compensation will be reduced by a proportional degree. For example, imagine a pedestrian was struck in Houston. He suffered $25,000 in damages. However, the pedestrian was found 40 percent responsible for his own crash due to jaywalking. Under Texas law, the pedestrian would be liable for 40 percent of his own injuries. The value of the case would be reduced by 40 percent as well, down to $15,000.

Note: Under the Texas modified comparative fault law, a pedestrian is barred from recovering any compensation through a fault-based personal injury claim if he or she is found responsible for more than 50% of their own accident.

Know the Deadline: Pedestrian Accident Statute of Limitations in Texas

In Texas, pedestrian accident injury claims are subject to a strict legal deadline known as the statute of limitations. Under state law (Texas Civil Practice and Remedies Code § 16.003), you generally have two years from the date of the accident to file a personal injury lawsuit against the at-fault party. If you miss this deadline, that could be the end of your pedestrian accident case. In other words, you may be denied any compensation at all for your pedestrian crash. Do not fall behind the insurance company: A proactive approach is key. You should speak to a top-tier Texas pedestrian injury lawyer as soon as possible after a crash.

Injured Pedestrians Need the Maximum Compensation in Texas

In Texas, injured pedestrians have the right to seek compensation for the full extent of their damages. Unfortunately, the big insurance companies fight hard to pay out less in settlements to victims and families. No insurance company can be trusted to step up and offer you the full and fair financial compensation that you deserve. Our Houston, TX pedestrian accident attorney can help. Along with other damages, we are prepared to help you seek compensation for:

• Ambulance costs;
• Emergency room care;
• Hospital bills;
• Other health care costs;
• Loss of wages;
• Loss of earning power;
• Pain and suffering;
• Mental distress; and
• Wrongful death.

Why Trust Our Texas Pedestrian Crash Attorney

The human body is no match for a motor vehicle. A pedestrian crash can cause serious, even catastrophic injury. It is crucial that victims in Texas know what to do after being hit by a negligent driver. At Thornton Esquire Law Group, PLLC, we are strong, skilled, and solutions-focused. Our firm puts victims and families first. Your initial consultation with our Houston pedestrian accident lawyer is free, completely confidential, and carries zero additional obligations.

Call Our Houston, TX Pedestrian Accident Lawyer Today

At Thornton Esquire Law Group, PLLC, our Houston personal injury attorney has extensive experience advocating for the rights and interests of victims. You need the maximum financial compensation after a crash. If you have questions about pedestrian accident claims, we are here as a legal resource. Call us at (888) 378-1784 or contact us online for your free, no obligation case review. Our firm represents pedestrian accident victims all across the State of Texas.