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Our Houston Pedestrian Injury Lawyers are Here to Help. Hold Negligent Drivers Accountable

Hit by a Car in a Crosswalk or While Walking? Get Experienced Legal Support to File a Claim and Seek Compensation.

Walking is generally considered a safe way to get around, but the reality in Houston and across Texas is that pedestrian accidents are all too common. In fact, pedestrians make up a disproportionate number of traffic fatalities. According to Vision Zero Houston, 115 pedestrians were killed in Houston in 2022, representing 36% of all traffic fatalities in the city​. Statewide, the Texas Department of Transportation (TxDOT) reports that pedestrians comprise roughly one in five traffic-related fatalities​. This means that hundreds of people on foot are killed or seriously injured each year on Texas roads – many of them right here in Houston. If you or a loved one has been hit by a car while walking, you are not alone, and you have legal rights.

After a pedestrian accident, it is crucial to consult with an experienced personal injury attorney. The aftermath of being struck by a vehicle can be overwhelming – from emergency medical care and physical recovery to dealing with insurance companies and potential legal claims. An attorney can advocate for your rights and help you pursue the compensation you deserve for your injuries. Kevin Adley and the team at Adley Law Firm are committed to representing pedestrians injured in accidents in Houston and surrounding communities. Insurance companies often attempt to minimize settlement payouts, but we are dedicated to making sure you receive fair compensation for your losses. With over 30 years of experience helping auto accident victims and a track record of successful results, our firm understands what it takes to hold negligent drivers accountable.

The Impact of Negligent Drivers on Pedestrians

Houston’s busy streets can be dangerous for those on foot, especially when drivers fail to exercise caution. Pedestrian accidents often arise from various forms of driver negligence, including:

  • Speeding: Drivers who exceed the speed limit may be unable to stop in time to avoid hitting someone in a crosswalk or crossing the street. Higher speeds dramatically increase the force of impact and the risk of a fatal outcome – for example, a pedestrian struck at 35–40 mph is far more likely to be killed than one hit at 20 mph.
  • Distracted Driving: Motorists taking their eyes off the road to text, use GPS, or adjust the radio can easily fail to see a pedestrian in time. Even a brief distraction can lead to a devastating collision with someone walking or jogging alongside the roadway.
  • Aggressive or Reckless Driving: Drivers who weave through traffic, run red lights, or ignore road rules put pedestrians at extreme risk. Aggressive behaviors such as tailgating and illegal passing reduce the driver’s ability to react to people in crosswalks or on sidewalks.
  • Driving Under the Influence: Impaired drivers with slowed reaction times and poor judgment often do not notice pedestrians or cannot brake in time. Drunk driving is a significant factor in serious pedestrian crashes nationwide and in Texas.
  • Failure to Yield: Many pedestrian accidents occur when drivers do not yield the right-of-way to people crossing at intersections or crosswalks. For instance, a turning vehicle might strike a pedestrian who is legally crossing the street because the driver wasn’t paying attention or tried to rush through.

Because pedestrians have virtually no protection, a collision with a vehicle can result in severe, life-altering injuries. A person on foot hit by a car may suffer broken bones, spinal cord injuries, internal organ damage, or traumatic brain injuries (TBI). The recovery process can be long and painful, often involving surgery, rehabilitation, and extended time off work. In the worst cases, these accidents are fatal. The physical and emotional toll on victims and their families is immense. Preventable crashes caused by driver negligence underscore why it’s so important for injured pedestrians to seek justice and hold at-fault drivers accountable.

Crosswalks, Sidewalks, and Traffic Control Devices

Texas law provides important protections for pedestrians, but they are effective only if drivers and pedestrians alike follow the rules of the road. Many pedestrian accidents in Houston happen because drivers ignore or violate traffic safety laws designed to prevent such collisions:

  • Right-of-Way at Crosswalks: Under Texas law, drivers must yield to pedestrians crossing in a crosswalk when there is no traffic signal, as long as the pedestrian is in the half of the road the vehicle is approaching or close enough to pose a danger​. Unfortunately, drivers sometimes fail to stop, even at clearly marked crosswalks or intersections, leading to people on foot being struck while they have the right-of-way. Pedestrians should always try to use designated crosswalks, but drivers have a duty to look out for anyone crossing the street.
  • Traffic Signals and Stop Signs: Intersections with traffic lights or stop signs are common sites for pedestrian injuries. A driver who runs a red light or stop sign can hit a person legally crossing on a “Walk” signal. Even when pedestrians follow the walk signals, they can be in danger if a distracted or impatient driver doesn’t obey their red light. Houston’s busy intersections require drivers to be vigilant and to yield to people in crosswalks when turning.
  • Sidewalks and Shoulders: Pedestrians walking along sidewalks or road shoulders expect to be safe from vehicle traffic. However, crashes occur when vehicles leave the roadway. Drivers who lose control (due to speeding, intoxication, or other negligence) may jump the curb and strike someone on a sidewalk. Similarly, in parking lots and driveways, pedestrians can be hit by cars backing up or cutting across pedestrian areas. Motorists must exercise caution wherever foot traffic is present.
  • Crossing Outside of Crosswalks: Not all pedestrian accidents happen at intersections. If a pedestrian crosses mid-block or in an area without a crosswalk, drivers still have a responsibility to watch for them – especially in urban areas or busy roadways at night. While pedestrians should yield to cars when crossing outside a crosswalk (and Texas law prohibits suddenly darting into traffic​), drivers can still be found negligent if they were speeding or not paying attention and thus failed to avoid a collision.

Both motorists and pedestrians share responsibility for safety. Drivers must remain alert for people on foot at all times, and pedestrians should use caution and follow pedestrian signals. Unfortunately, when a driver disregards safety laws or is not attentive, the pedestrian is the one who suffers the consequences. Houston in particular has been identified as a high-risk city for pedestrians, with several of the state’s most dangerous road segments located here. Everyone on the road should do their part to prevent these tragic accidents.

Procedures to Follow After a Pedestrian Accident

Being struck by a vehicle is a frightening experience, but taking certain steps in the aftermath can protect your health and legal rights. If you are hit by a car while walking and your condition allows, try to do the following:

  • Call 911 and Seek Medical Help: Always prioritize your health and safety. Alert the authorities and request an ambulance if needed. Even if injuries seem minor, get a medical evaluation because some serious injuries (like concussions or internal injuries) may not show immediate symptoms. Having an official record of your injuries is also important for any claim later.
  • Notify Police and Obtain a Report: Ensure that the police come to the scene and file an accident report. The responding officers will document key details, including statements from you, the driver, and any witnesses, and may indicate who was at fault. This police report will be valuable evidence when you pursue an insurance claim or lawsuit.
  • Gather Information: If you are able, collect the driver’s name, contact information, license plate number, and insurance details. Also try to get contact information for any eyewitnesses. If a bystander or companion can assist, have them help gather this information. The more evidence you can collect at the scene, the better – but do not worry if you are too injured to do much, as police should handle most of this.
  • Photograph the Scene: Use your phone to take pictures of the accident scene, the vehicle that hit you (including its damage), the surrounding area (skid marks, traffic signals, crosswalks), and your injuries. Visual evidence can paint a clear picture of what happened and who is responsible.
  • Do Not Admit Fault: Stay calm and avoid apologizing or saying anything that could be construed as admitting fault. Even if you are unsure about what happened, it’s best to speak to the police and medical personnel about facts only. Do not discuss the accident with the driver’s insurance company or give any recorded statements before consulting a lawyer.
  • Consult an Attorney Early: Contact a qualified pedestrian accident lawyer as soon as possible. An attorney will advise you on your rights, deal with insurance adjusters on your behalf, and begin investigating the incident. The sooner you have legal guidance, the better protected your interests will be. Remember, initial consultations at Adley Law Firm are free, and we don’t charge anything unless we win your case, so there is no risk in reaching out for advice.

In the chaos after an accident, you may not be able to do everything listed above, and that’s okay. The priority is to get medical care. Law enforcement will secure the scene and create a report. Your attorney can also help obtain evidence later – for example, by retrieving traffic camera footage or getting witness statements. The key is that you or a family member make that call to an attorney sooner rather than later. By following these steps and getting legal support, you put yourself in the best position to recover physically and financially from the incident.

Pedestrian Accident Settlements and Compensation

A pedestrian accident can leave victims facing enormous physical, emotional, and financial challenges. Through a personal injury claim or lawsuit, injured pedestrians have the right to seek compensation (“damages”) from the at-fault driver or other responsible parties. The goal of a settlement or court award is to make the victim “whole” to the extent possible by covering the losses resulting from the accident. At Adley Law Firm, we are dedicated to helping our clients pursue the maximum compensation available under the law​.

Types of Compensation: Pedestrian injury victims may be entitled to various forms of compensation, including:

  • Medical Expenses: All past and future medical costs related to your injuries can be claimed. This includes emergency room bills, hospital stays, surgeries, doctor visits, medication, physical therapy, rehabilitation, and any necessary medical devices or home modifications. Serious injuries might require ongoing treatment for months or years, and your claim should account for those future expenses.
  • Lost Wages and Earnings: If your injuries force you to miss work during recovery, you can claim the income you lost. For more severe injuries that impact your ability to work long-term or permanently, you may also seek compensation for loss of future earning capacity. This ensures that you are not financially devastated by an inability to resume your job or career path.
  • Pain and Suffering: These damages address the physical pain and emotional anguish you have endured because of the accident. Being hit by a car can cause intense pain, as well as trauma, anxiety, depression, or PTSD. While hard to quantify, Texas law allows victims to recover monetary compensation for these non-economic hardships. This category also covers loss of enjoyment of life if your injuries prevent you from doing activities you once loved.
  • Rehabilitation and Long-Term Care: Some pedestrians suffer disabling injuries that require extensive rehabilitation services or even long-term care. Costs for physical therapy, occupational therapy, cognitive therapy (for brain injuries), or in-home nursing care can be included in your claim. The aim is to ensure you have the resources needed for the best possible recovery.
  • Property Damage: If any personal belongings were damaged in the accident – for example, a phone, glasses, or even a bicycle or stroller you were pushing – you can claim the repair or replacement value of those items. While property losses in auto-pedestrian accidents are often minimal compared to physical injuries, they are still part of your overall damages.
  • Wrongful Death Damages: Tragically, many pedestrian accidents result in fatalities. If you lost a loved one who was walking when they were struck by a vehicle, your family can pursue a wrongful death claim. Damages in such cases can include funeral and burial expenses, loss of the deceased’s financial support, loss of companionship, and mental anguish suffered by surviving family members.

Factors Affecting the Settlement Amount: Every pedestrian accident case is unique, and the value of a claim can vary widely based on several factors:

  • Severity of Injuries: Generally, the more serious and long-lasting the injury, the higher the compensation. For example, a case involving a minor ankle sprain will be valued much lower than one involving a spinal cord injury or severe brain trauma. Catastrophic injuries that cause permanent disability or disfigurement often lead to substantial settlements or verdicts, reflecting the lifelong impact on the victim.
  • Clear Liability: Establishing fault is critical. If it is clear that the driver was 100% at fault (for instance, they ran a red light and hit a pedestrian in a crosswalk), the victim’s case is stronger and more likely to result in full compensation. On the other hand, if there is a dispute about fault or the driver claims the pedestrian was partly responsible, the potential recovery might be reduced. Your attorney will work to gather evidence – such as witness testimony, video footage, and accident reconstruction – to prove the driver’s negligence.
  • Comparative Negligence: Texas follows a modified comparative negligence rule (the “51% Bar Rule”). This means an injured party can still recover damages even if they were partially at fault for the accident, as long as they are not more than 50% responsible. However, any compensation would be reduced by their percentage of fault. For example, if a pedestrian was jaywalking and found 20% at fault, their award would be reduced by 20%. If a pedestrian is found over 50% at fault, they would be barred from recovery. Insurance companies often try to argue the victim was negligent (e.g., not using a crosswalk) to reduce payouts. A skilled lawyer can counter these claims if they are unfair.
  • Insurance Policy Limits: The amount of available insurance coverage often acts as a practical cap on compensation. Texas drivers are required to carry liability insurance (minimum $30,000 per person for bodily injury), but many have higher limits. If a negligent driver has only minimum coverage and no significant personal assets, recovering more than that amount can be challenging. In cases where the at-fault driver is uninsured or flees the scene (hit-and-run), victims may need to turn to their own uninsured/underinsured motorist coverage or other sources of compensation. Our attorneys will explore all possible avenues – including multiple liable parties or insurance policies – to maximize your recovery​.

It’s important to note that most pedestrian accident claims are resolved through settlements with insurance companies rather than trials. However, achieving a fair settlement often requires building a strong case and sometimes filing a lawsuit to show you are serious. At Adley Law Firm, we prepare every case as if it may go to trial, which puts us in a strong position during settlement negotiations. Our goal is to obtain the full and fair compensation you need to rebuild your life after the accident, whether through a negotiated settlement or courtroom litigation. We won’t let insurance adjusters undervalue your claim or blame you unjustly for what happened.

How Adley Law Firm Fights for You

Pursuing accountability from a negligent driver and dealing with insurance companies can be an uphill battle – especially when you are trying to recover from serious injuries. Drivers may deny fault or give their insurance company a distorted version of events. Meanwhile, insurers often employ tactics to minimize or deny payouts, because their goal is to protect their bottom line. Kevin Adley and his team are familiar with these challenges and are prepared to overcome them on your behalf. Here’s how our Houston pedestrian accident attorneys work to secure justice for our clients:

  • Thorough Investigation: We act quickly to investigate the circumstances of your accident. This includes reviewing the police accident report, visiting the scene to understand the layout, obtaining any available video footage (such as traffic cameras or surveillance videos from nearby businesses), and interviewing witnesses. If necessary, we work with accident reconstruction experts to piece together exactly how the collision occurred. By gathering and preserving crucial evidence, we build a solid foundation for your claim.
  • Building a Strong Case: Our legal team will compile all evidence of the driver’s negligence – whether it’s proof of speeding, phone records showing texting while driving, or eyewitness accounts of reckless behavior. We also document all aspects of your damages, from medical records and bills to proof of lost wages and statements from family about how the injury has affected your life. By meticulously preparing the case, we put pressure on the at-fault party to take responsibility.
  • Expert Negotiation: Dealing with insurance companies is one of our core strengths. We know the insurance industry’s strategies and how to counter them. Our attorneys will handle all communications with the insurance adjusters so you don’t have to. We will aggressively negotiate for a settlement that fully compensates you. When the insurance company sees that we have the evidence and are ready to go to court if necessary, they are much more likely to offer a fair amount.
  • Personalized Support and Guidance: We understand that being injured in a pedestrian accident is a traumatic experience. That’s why we make client communication a priority. Kevin Adley is accessible to clients and provides compassionate, personalized attention. We can guide you through medical liens, help you find appropriate doctors if needed, and keep you updated on the progress of your case. Our goal is to reduce your stress by handling the legal burdens while you focus on recovery.

Importantly, Adley Law Firm works on a contingency fee basis – which means you pay no upfront costs and absolutely no attorney’s fees unless we win your case. We also offer a completely free initial consultation to evaluate your pedestrian accident claim. In addition, our team is bilingual in English and Spanish, so we can assist clients in whichever language they are most comfortable. We strive to make quality legal representation accessible to injured individuals in our community, regardless of financial means or language barriers.

If you have been hurt in a pedestrian accident in Houston or the surrounding areas, we invite you to reach out to the Adley Law Firm for a free consultation. There is no obligation, and our compassionate staff will help answer your questions and explain your options. You can visit our downtown Houston office or, if you are unable to travel due to your injuries, we can arrange to meet at a location convenient for you – whether it’s your home or hospital room. Our attorneys also frequently assist clients remotely by phone or video conference, so do not hesitate to contact us even if you are still recovering.

Call us today at (713) 999-8669 to speak with a Houston pedestrian accident lawyer about your case. We’re ready to fight for your rights and help you on the road to recovery.

Houston Pedestrian Accident FAQs

What should I do if I’m hit by a car while walking in Houston?

If you are struck by a vehicle as a pedestrian in Houston, your first step should be to call 911 to get medical help and police on the scene. Even if you feel okay, have a medical professional check you out – adrenaline can mask serious injuries. Make sure a police report is filed, as this will document the details. If you can, gather the driver’s information and any witness contacts, and take photos of the scene. Avoid discussing fault with anyone. Once you’ve received initial medical care, consider contacting a Houston pedestrian accident lawyer as soon as possible. An attorney can guide you on the next steps, deal with insurance companies for you, and help preserve important evidence.

Is the driver always at fault in a pedestrian accident in Houston?

Drivers in Houston are required to exercise due care to avoid hitting pedestrians, especially those who have the right-of-way. In many cases, the driver is found at fault due to speeding, distraction, failure to yield at a crosswalk, or other negligence. However, there are situations where fault might be shared. For example, if a pedestrian suddenly dashes into the road outside of a crosswalk, the pedestrian could be found partially at fault. Texas law follows a comparative negligence system, so an injured pedestrian can still recover damages even if they are partly to blame, as long as they are not more than 50% at fault. Each accident is different – a thorough investigation is needed to determine liability. It’s best to consult an attorney who can examine the facts and advise you on who likely bears fault in your situation.

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

In Texas, the statute of limitations for personal injury cases – including pedestrian accidents – is generally two years from the date of the accident​. This means you have up to two years to file a lawsuit against the at-fault driver (or other liable parties). If you miss this deadline, you could lose your right to seek compensation through the courts. There are some limited exceptions (for instance, if the injured person is a minor, the clock might start at age 18, or if a government vehicle was involved, a special notice has to be filed sooner). Because two years can pass quickly, especially when you are dealing with medical treatment and recovery, it’s wise to speak with an attorney well before the deadline. An attorney will ensure all paperwork is filed timely and your rights are protected.

What compensation can I recover after being hit by a car as a pedestrian?

If a driver’s negligence caused your injuries, you are entitled to pursue compensation for all the ways the accident has harmed you. This typically includes coverage for medical bills (hospital stays, surgeries, doctor visits, rehabilitation, medications), reimbursement for lost wages if you couldn’t work, and even projected future medical costs or income loss if you face a long recovery. You can also claim damages for your pain and suffering – the physical pain and emotional distress from the accident and your injuries. In addition, property damage (like broken personal items) can be included, though these are often minor in pedestrian cases. Finally, if the accident tragically resulted in a loved one’s death, surviving family members can seek wrongful death damages. The exact amount and categories of compensation will depend on the specifics of your case, but a knowledgeable lawyer will identify all potential damages to ensure you are fully compensated for your losses.

How much does it cost to hire a pedestrian accident lawyer in Houston?

At Adley Law Firm, it costs nothing upfront to hire us for a pedestrian accident injury case. We work on a contingency fee basis, which means our fee is a percentage of the recovery we obtain for you. If we don’t win your case or negotiate a settlement, you owe us nothing in attorney’s fees. The contingency arrangement allows anyone, regardless of financial situation, to have quality legal representation. We also offer free consultations, so you can speak with us about your case at no charge. In short, there is no financial risk in hiring our Houston pedestrian accident lawyers – we only get paid when you get paid.

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