Pedestrian accidents can turn a simple walk into a life-changing event. In Texas, where busy roads meet fast-moving traffic, pedestrian accidents are more common than you might think. If you or your loved one has been injured, understanding liability is crucial. This guide explains who may be responsible, what steps to take, and how a personal injury lawyer can help you.
It’s also important to remember that no two cases are the same. What seems simple may turn complex fast, especially when multiple parties are involved. That’s why it’s always smart to speak with an experienced pedestrian accident lawyer who can review your specific case.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Pedestrian Accidents Happen in Texas
Pedestrian accidents often occur because of negligence. Drivers may not always see someone crossing the road or walking near traffic. Common causes include:
- Distracted driving (texting, eating, or using GPS)
- Speeding
- Running red lights or stop signs
- Failing to yield at crosswalks
- Drunk or impaired driving
- Poor visibility at night or during bad weather
These accidents don’t just happen on busy streets. They can happen in parking lots, neighborhoods, and rural areas.
For example, imagine someone walking in a grocery store parking lot, loading groceries into their car. A driver speeding through the lot to grab a parking spot doesn’t see them and causes serious injuries. This is more common than people realize, and liability may seem obvious, but insurance companies will still fight it. A personal injury lawyer helps protect your rights in situations like this.
For thoughtful, trial-tested representation from someone who truly understands what injury victims face, contact Attorney Matthew T. McLain at Turner-Monahan, PLLC.
Who Is Liable in a Pedestrian Accident?
Texas follows a comparative negligence law, which means more than one party can be responsible. Liability depends on the facts of the case. Here’s a breakdown:
1. The Driver
In most cases, the driver is at fault. Common reasons:
- Ignoring crosswalks
- Speeding in school zones
- Not paying attention
Example: A driver runs a red light and hits someone legally crossing the street.
Hypothetical Example: A delivery driver rushing to meet a deadline speeds through a school zone and hits a student walking home. Not only is the driver responsible, but the delivery company might also share liability.
2. The Pedestrian
Pedestrians must also follow the rules. They can be held partially liable if they:
- Cross against the light
- Jaywalk
- Step into traffic while distracted
Example: A person walks into traffic while texting and gets hit. They may share some fault.
Hypothetical Example: A jogger wearing headphones crosses a street without checking the signal. A driver, going the speed limit, can’t stop in time. Both could share fault, making the case tricky. This is why having a lawyer review the details is so important.
3. Other Parties
Sometimes, others may be responsible:
- City or County: Poor road design or lack of crosswalks
- Vehicle Manufacturers: Brake failure or car defects
- Construction Companies: Blocking sidewalks without warning
Hypothetical Example: A city fails to repaint faded crosswalks for years. A driver can’t see the crossing zone and hits someone. In this case, the city may be held partially liable for poor maintenance.
These examples show why consulting a lawyer is critical. Liability is rarely cut and dry. A good attorney will find every angle to strengthen your claim.
How Is Fault Determined in Texas?
Insurance companies and courts look at:
- Police reports
- Witness statements
- Traffic camera footage
- Medical records
- Expert opinions
Under Texas law, if you are 51% or more at fault, you cannot recover damages. If you’re less than 51% at fault, your compensation is reduced by your percentage of fault.
For instance, if your case is worth $100,000 but you’re found to be 20% at fault, you’d still recover $80,000. This is why it’s crucial to have a lawyer argue your case. Insurance companies love to inflate your fault percentage to lower payouts.
What Compensation Can You Get?
Pedestrian accidents often lead to serious injuries like broken bones, brain injuries, or spinal damage. Victims may be entitled to compensation for:
- Medical bills (past and future)
- Lost income
- Pain and suffering
- Emotional distress
- Permanent disability
If the accident was fatal, families may file a wrongful death claim.
It’s not just about the medical bills today; it’s about the long-term impact. For example, if you worked in construction and now can’t return to the same job because of your injuries, your settlement should reflect lost future income, too. Only a qualified accident lawyer knows how to fight for that.
Steps to Take After a Pedestrian Accident
Protect your health and your case by following these steps:
- Call 911 and get medical help.
- File a police report, which is crucial for your claim.
- Gather evidence such as pictures, witness contacts, and location details.
- Avoid giving statements to insurance adjusters without legal help.
- Contact an accident and injury lawyer near you.
Also, don’t assume “it was just a minor injury.” Many people walk away thinking they’re fine, only to develop severe back or neck pain days later. Talking to a lawyer ensures you’re not stuck paying for injuries you didn’t cause.
How Can a Personal Injury Lawyer Help?
Pedestrian accidents can get complicated. Insurance companies will try to shift blame. That’s where an aggressive injury attorney comes in.
Benefits of Hiring a Lawyer:
- Handle the insurance companies
- Gather strong evidence
- Calculate your injury claim worth
- Negotiate fair settlements
- File a lawsuit if needed
Having a local accident attorney or car crash law firm on your side means you don’t have to fight alone.
For example, what if the driver’s insurance refuses to pay or offers a lowball settlement? A lawyer knows how to push back and make sure you don’t walk away with less than you deserve.
Whether it’s a car accident, defective product, or serious injury, Matthew T. McLain brings the skill and compassion you need. Reach out today to discuss your case.
Common Scenarios We Handle
Hit by a driver running a red light
- Crosswalk accidents
- Drunk driving cases
- Distracted driving accidents
- Uninsured or underinsured driver claims
- Fatal pedestrian crashes
Whether you’re dealing with minor injuries or a life-changing situation, our team knows how to fight for your rights.
We’ve also handled cases where delivery trucks back up without warning and hit pedestrians or when rideshare drivers are at fault. These cases get messy fast and that’s exactly why you need a lawyer handling it, not an insurance adjuster looking to close the case.
Why Choose Turner Monahan?
At Turner Monahan, we understand the physical, emotional, and financial toll these accidents cause. Our car accident and injury lawyers handle everything from investigating the accident to negotiating your settlement.
We assist with:
- Car accident settlement help
- Car collision cases
- Hit-and-run lawsuits
- Totaled car claims
- Uninsured driver cases
- Fatal car accident lawsuits
Our team includes top-rated car accident lawyers near you ready to take action.
No case is too small or too complicated. Whether you’re unsure about your rights or worried about medical bills piling up, we’re here to help. And the sooner you consult us, the better we can protect your claim.
Frequently Asked Questions
What’s my injury case worth?
Every case is different. Factors like medical costs, lost wages, and pain levels matter. Our injury lawyers can review your case for free.
Can I sue if I was hit by a car while walking?
Yes. You may sue the driver, and sometimes others, if their negligence caused your injuries.
How long do I have to file a claim in Texas?
Texas gives you two years from the accident date to file a personal injury claim.
Don’t wait until the deadline is near. Waiting too long makes it harder to gather evidence or negotiate a good settlement. Always talk to a lawyer right after the accident.
Turner Monahan PLLC – Here to Support You
Pedestrian accidents can leave you facing huge medical bills, lost income, and a long recovery. You shouldn’t have to deal with this alone.
If you’ve been hurt in a crash or need a lawyer for a hit-and-run case, we’re here to help. At Turner Monahan, we fight for victims across Texas. Our car crash attorneys offer free consultations and no-win, no-fee cases.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
