Texas Pedestrian Accident Lawyer

Injured as a Pedestrian in Texas? We Can Help.

Hurt While Crossing the Street or Walking Along Texas Roads? Learn How to Protect Your Rights

Pedestrian accidents are a statewide concern in Texas, affecting victims not only in major cities like Houston, Dallas, San Antonio, and Austin, but also in smaller communities and the Rio Grande Valley. Texas consistently ranks among the worst states for pedestrian fatalities. Every year there are thousands of crashes involving pedestrians across Texas, resulting in hundreds of deaths and serious injuries. Pedestrian fatalities account for approximately 19% of all traffic deaths in the state. To put it another way, nearly one out of every five people killed on Texas roads is a pedestrian. Nationally, the trend is similarly alarming – more than 7,000 pedestrians lose their lives each year in the United States. Clearly, the danger to people on foot is real and significant.

If you or a loved one was hit by a car while walking in Texas, you have the right to seek justice and compensation for your injuries. A pedestrian is extremely vulnerable in a collision with a vehicle, and the aftermath can be devastating. Medical bills, pain and suffering, time missed from work, and lasting disabilities are just some of the challenges you may be facing. During this difficult time, the support of a knowledgeable pedestrian accident lawyer can make all the difference. The Adley Law Firm is based in Houston but proudly serves clients throughout the entire state of Texas. Our experienced attorneys understand Texas traffic laws, insurance tactics, and the legal avenues available to help injured pedestrians recover financially. We are dedicated to holding negligent drivers accountable from the Panhandle down to the Valley. With our contingency fee approach, you pay nothing upfront – we only get paid if we win compensation for you. Additionally, our team is fully bilingual in English and Spanish, ready to assist clients from all communities in Texas.

No matter where your accident occurred – be it a busy Houston intersection, a suburban crosswalk in Dallas, a rural highway shoulder outside Lubbock, or a street in McAllen – we are here to help. Many of our clients never have to set foot in our Houston office; we can handle consultations and case updates by phone or video, and we use electronic document signing to make the process convenient. When you hire Adley Law Firm, you get a team that is committed to your recovery and will fight for the compensation you deserve, regardless of location.

• Common Causes of Pedestrian Accidents in Texas
• Pedestrian Rights and Responsibilities Under Texas Law
• Steps to Take After a Pedestrian Accident
• Pursuing Compensation for Injured Pedestrians
• Why Choose Adley Law Firm for Your Pedestrian Accident Case?

Common Causes of Pedestrian Accidents in Texas

Pedestrian accidents can happen for a variety of reasons, but most often they are the result of driver negligence or error. Texas, with its mix of busy urban centers and fast-moving highways, sees many of the same dangerous behaviors that lead to auto-pedestrian collisions. According to TxDOT, the top contributing factors in crashes involving pedestrians include drivers failing to yield, pedestrians failing to yield, driver inattention (distracted driving), and speeding​. Here are some of the most common causes of pedestrian accidents in Texas:

• Failure to Yield Right-of-Way: Many accidents occur at intersections or crosswalks when drivers do not yield to pedestrians who are crossing the road. Texas law requires drivers to stop and yield to people in crosswalks in many circumstances, but impatient or inattentive motorists may ignore this. For example, a driver turning left or right might hit someone in a crosswalk because they were only watching for other vehicles, not pedestrians.
• Distracted Driving: Distractions like texting, talking on the phone, eating, or fiddling with the dashboard can prevent drivers from seeing a pedestrian in time to avoid a collision. A distracted driver might blow through a stop sign or fail to notice someone walking or jogging along the shoulder. In a split second, a distraction can lead to a life-threatening impact.
• Speeding and Reckless Driving: High speeds greatly increase the severity of injuries when a vehicle strikes a pedestrian. Speeding drivers also have less time to react. On highways or busy city streets, a pedestrian hit at excessive speed is unlikely to avoid serious injury. Reckless driving maneuvers such as running red lights, making illegal passes, or street racing can easily put pedestrians in danger. Texas has seen numerous pedestrian fatalities on high-speed arterial roads and frontage roads where drivers did not slow down for people crossing.
• Driving Under the Influence (DUI): Alcohol and drugs impair judgment, reaction time, and vision. Intoxicated drivers often fail to notice pedestrians or cannot brake in time to avoid hitting someone in the roadway. Sadly, DUI-related crashes are a significant cause of pedestrian injuries and deaths in Texas, particularly during nighttime hours. An impaired driver might veer onto a sidewalk or not see a pedestrian in a dark area.
• Pedestrian Visibility and Awareness: Sometimes accidents happen because the driver truly did not see the pedestrian until it was too late – for instance, a pedestrian crossing at night in dark clothing or a stalled car situation where a person is walking along a highway. While drivers have a duty to use headlights and stay alert, pedestrians can reduce risk by wearing bright or reflective clothing at night and staying aware of traffic patterns. However, the legal responsibility still lies with drivers to avoid collisions if at all possible.

It’s worth noting that pedestrians can also contribute to accidents by not following safety rules (such as crossing against a signal or outside of a crosswalk). If a pedestrian suddenly steps into traffic where a driver has no chance to stop, the pedestrian may be found partially at fault. However, even in those situations, the driver might share blame if they were speeding or distracted. Texas law will compare the negligence of both parties. Regardless of the specifics, after a pedestrian accident it’s crucial to investigate all factors. Our legal team often works with accident reconstruction experts and reviews traffic data to determine exactly how an accident happened and who could have prevented it.

Pedestrian Rights and Responsibilities Under Texas Law

Pedestrians in Texas have certain rights under the law, as well as responsibilities to keep themselves safe. Understanding these can clarify who is at fault when an accident occurs:

• Right-of-Way in Crosswalks: Texas Transportation Code §552.003 requires drivers to stop and yield to pedestrians crossing in a crosswalk when there is no traffic signal present or operating​. In practical terms, if you are crossing the street at an intersection or marked crosswalk without a light (or you have a “Walk” signal), approaching vehicles should yield. Drivers must also yield when another vehicle is stopped at a crosswalk to let a pedestrian cross​. Unfortunately, drivers don’t always follow this law. If you were hit while walking in a crosswalk, there is a strong chance the driver violated your right-of-way.
• Obligations at Traffic Signals: When traffic lights are present, pedestrians must obey walk signals. You have the right to cross when the signal indicates “Walk,” and vehicles should stop to let you cross safely. If a pedestrian is crossing on a green light (with a walk signal) and a car runs a red light or turns without yielding, the driver is clearly at fault. Conversely, pedestrians should not start crossing on a “Don’t Walk” or red signal. Jaywalking across a signalized intersection on a red light not only is illegal but can make it harder to claim the driver was entirely at fault. Still, drivers must exercise care – they can’t simply hit someone and use the excuse that the pedestrian wasn’t supposed to be there.
• Crossing Outside Intersections: Texas law (§552.005) states that if you cross at a place other than a crosswalk or intersection, you must yield to vehicles. This doesn’t give drivers a license to be careless, but it means the pedestrian should wait until it’s safe. If you were injured while crossing mid-block or outside of a crosswalk, you might share some responsibility. However, drivers still have a duty to exercise caution and avoid hitting people on the road. Each case will depend on specific facts – for example, was the area well-lit or dark, was the driver speeding, did the pedestrian attempt to cross far from any intersection, etc.
• Sidewalks and Safety Zones: Pedestrians generally have the right to use sidewalks and pedestrian zones without interference. Drivers must not drive on sidewalks except to cross (such as entering a driveway). If you were on a sidewalk or in a parking lot walkway and a vehicle hit you, the driver was likely violating traffic rules or driving negligently. Texas law also gives special right-of-way to visually impaired pedestrians (those using a white cane or guide dog) – drivers must always yield to them (Transportation Code §552.010).
• Duty of Care for Drivers: Importantly, Texas law (and common sense) imposes a general duty on drivers to avoid collisions with pedestrians. Even if a pedestrian is somewhere they shouldn’t be, a driver is expected to honk, slow down, or take evasive action if possible to prevent hitting a person. Drivers should exercise extra caution in areas where pedestrians are likely (school zones, residential neighborhoods, parking lots, downtown streets). When drivers breach this duty of care by being careless or reckless, they can be held liable for resulting injuries.

In summary, pedestrians in Texas should follow traffic rules – use crosswalks, obey signals, and stay alert – but drivers carry the greater responsibility because a vehicle can so easily seriously injure or kill a person on foot. When accidents happen, determining right-of-way and whether each party followed their legal obligations is a key part of assigning fault. Our attorneys are well-versed in Texas pedestrian statutes and will use these laws to advocate for you. If the driver broke the law and you were following it, that will strongly support your claim. And even if you were crossing outside a crosswalk, we may still be able to recover compensation if the driver was also negligent.

Steps to Take After a Pedestrian Accident

A pedestrian accident scene can be chaotic and traumatic. However, if you find yourself in this unfortunate situation, there are certain steps you should try to take (or have someone take on your behalf) in order to protect your health and your legal rights:

• Call 911 Immediately: Always report the accident to the authorities and request medical assistance. When you dial 911 in Texas, police and EMS will be dispatched. Police will secure the area and begin an accident report. Paramedics will tend to your injuries. Even if you feel you can get up or that your injuries are minor, let medical professionals assess you. Shock and adrenaline can mask serious injuries.
• Seek Medical Treatment: Allow yourself to be transported to the hospital if EMS recommends it. If you don’t go straight from the scene, see a doctor as soon as possible afterward. Prompt medical documentation is not only important for your well-being but also for connecting your injuries to the accident in any insurance claim. Follow all medical advice and keep records of diagnoses, treatments, and follow-up needs.
• Obtain Contact and Insurance Information: If the driver stopped, get their name, contact info, driver’s license number, and insurance details. If you are unable to do this because of your condition, the police report will usually have this information. Also, if there were witnesses, try to get their names and phone numbers or ask someone at the scene to gather that for you. Neutral witness statements can be very valuable in establishing what happened.
• Document the Scene: If you are capable, use your phone to take photos or videos of the accident scene. Important things to capture include: the vehicle that hit you (and its damage), your injuries (visible wounds or torn clothing), skid marks or debris on the road, the crosswalk or intersection layout, and any traffic signs or signals nearby. If you can, also photograph the driver’s license plate. These visuals can serve as evidence later.
• Do Not Admit Fault or Apologize: It’s human nature to exchange apologies after an accident, but avoid saying “I’m sorry” or anything that sounds like you accept blame – especially not to the driver’s insurance representatives. You might be in shock and not have a clear picture of how the accident occurred. Even a simple apology might be twisted by an insurer as an admission of fault. Stick to the facts when talking to police and only discuss the incident in detail with your attorney.
• Notify Your Insurance (If Applicable): This step can depend on your situation. If you have auto insurance yourself, you might have coverage like Personal Injury Protection (PIP) or Uninsured Motorist coverage that can apply even though you were a pedestrian. It’s often a good idea to inform your own insurance company of the accident, especially if it was a hit-and-run or the driver was uninsured. But before giving any detailed statements, it’s wise to consult a lawyer.
• Consult a Pedestrian Accident Lawyer: Contacting an attorney is crucial, ideally as soon as you are medically stable. An experienced lawyer will take steps to preserve evidence (like obtaining traffic cam footage before it’s overwritten), handle communications with insurance companies, and advise you on pitfalls to avoid. The Adley Law Firm offers free consultations, so it costs nothing to get legal advice. We can also come to you if you’re hospitalized or unable to travel. Having a lawyer early can prevent mistakes that might hurt your claim and will give you peace of mind that your case is being handled properly.

In Texas, the time following a pedestrian accident can be filled with appointments, paperwork, and insurance calls. You do not have to navigate this alone. By taking the steps above and getting legal representation, you can focus on healing while your attorney focuses on securing the compensation you need. Remember, evidence can fade and legal deadlines do apply, so acting promptly can make a big difference in the outcome of your case.

Pursuing Compensation for Injured Pedestrians

When a pedestrian is injured due to a driver’s negligence, Texas law allows the victim to pursue compensation for the losses suffered. This typically happens through a personal injury claim filed with the at-fault driver’s insurance company, and if necessary, a lawsuit. The goal is to obtain financial recovery that covers all the damages – both economic and non-economic – that result from the accident. Here’s what you need to know about seeking compensation as an injured pedestrian in Texas:

Available Damages: You can claim a wide range of damages after a pedestrian accident, such as:

• Medical Costs: All medical expenses stemming from the accident should be covered by the responsible party. This includes emergency care, hospital stays, surgeries, doctor visits, medications, diagnostic tests like X-rays or MRIs, physical therapy, and any future medical treatment you may need. If you suffer a long-term impairment, anticipated future medical costs (like additional surgeries or ongoing rehabilitation) are part of your damages.
• Lost Income: If your injuries caused you to miss work, you can recover the wages lost during that time. For more severe injuries, you might also seek compensation for loss of future earning capacity – for example, if you cannot return to the same job or work the same number of hours as before due to a disability caused by the accident.
• Pain and Suffering: Texas law recognizes that injuries aren’t just about the bills you pay – they also cause real pain and emotional trauma. “Pain and suffering” damages compensate you for the physical pain, mental anguish, inconvenience, and loss of enjoyment of life resulting from the accident. These are subjective losses, but they are often a significant part of a pedestrian injury claim, especially if the injuries are serious or life-changing.
• Other Out-of-Pocket Expenses: Any other costs you incur because of the accident can be claimed. This could include transportation to medical appointments, the cost of hiring help for household chores you cannot do while injured, or home modifications (like installing a wheelchair ramp) if you’ve been disabled. Keep receipts for any such expenses.
• Property Damage: Although usually not large in pedestrian cases, if you had personal property damaged or destroyed in the accident, you can include that. For instance, if you were carrying an expensive smartphone that got smashed when you were hit, or a baby stroller was damaged, those property losses count.
• Punitive Damages: In Texas, punitive (or exemplary) damages may be awarded in cases of extreme negligence or egregious wrongdoing, such as a driver who hit a pedestrian while driving drunk at excessively high speed. Punitive damages are not available in every case – they are meant to punish particularly bad actors and deter such conduct. If appropriate, we can pursue punitive damages, but the focus will typically be on maximizing the compensatory damages listed above.

The Claims Process and Settlement: After your accident, typically your attorney will file a claim with the at-fault driver’s auto insurance carrier. The insurer will investigate (reading the police report, contacting witnesses, etc.) and your lawyer will present evidence of the driver’s liability along with documentation of your damages. There will likely be a negotiation phase – the insurance company might make a settlement offer, and your attorney will counteroffer or push for a higher amount if the offer is too low. Our goal is to negotiate a settlement that fully and fairly compensates you. We will leverage the evidence and legal arguments to show the insurer that we have a strong case and that it’s in their interest to settle rather than face a trial.

Most pedestrian injury cases in Texas settle out of court, but if the insurance company refuses to be reasonable, we will not hesitate to file a lawsuit on your behalf. Filing suit can sometimes motivate a better settlement, but if not, we are prepared to present your case to a judge and jury. By building a compelling case from the start, we aim to put you in the best position whether in settlement talks or in the courtroom.

Comparative Fault Considerations: As discussed earlier, Texas uses a modified comparative fault rule (the 51% rule)​. If the insurance company tries to argue that you were partly to blame (for instance, by not using a crosswalk or walking along a roadway while intoxicated), your attorney will combat those claims with evidence. As long as you were 50% or less at fault, you can still recover damages – but your total compensation would be reduced by your percentage of fault. If a case were to go before a jury, the jurors would assign a percentage of fault to each party. We work hard to gather facts that show the driver was primarily at fault, so that any attempt to pin blame on you is minimized or eliminated. Our aim is to maximize your compensation by ensuring that liability is firmly placed on the negligent driver.

Time Limits (Statute of Limitations): Keep in mind that Texas law imposes a deadline for filing a personal injury lawsuit. In general, you have two years from the date of the pedestrian accident to file a suit in Texas courts​. This statute of limitations is strict – missing it can bar you from recovering anything. There are a few exceptions (such as claims involving minors or government entities), but none worth risking your rights over. That’s why it’s important to contact an attorney as soon as possible so that your case can be timely filed if necessary. Even for insurance claims, getting started early helps preserve evidence and gives ample time for negotiation before the deadline pressures hit.

Why Choose Adley Law Firm for Your Pedestrian Accident Case?

Selecting the right attorney can have a significant impact on the outcome of your case. At Adley Law Firm, we bring extensive experience and a client-focused approach to pedestrian accident claims throughout Texas. Here’s what sets us apart:

• Proven Experience: Our legal team has handled numerous pedestrian injury cases and other motor vehicle accident claims over the years. We understand the nuances of Texas personal injury law and have a track record of successful settlements and verdicts. Whether the case involves a straightforward situation of a driver running a red light, or a more complex scenario with disputed fault, we know how to effectively pursue compensation.
• Thorough Case Preparation: We approach each case with meticulous attention to detail. From day one, we gather all pertinent evidence – police reports, medical records, witness statements, photos, and more. We often collaborate with experts in accident reconstruction, biomechanics, or medicine to strengthen your case. By leaving no stone unturned, we build a persuasive argument that clearly establishes liability and the extent of your damages.
• Skilled Negotiators and Litigators: Adley Law Firm is known for strong advocacy in negotiations with insurance companies. We won’t let adjusters low-ball your claim or shift blame without challenge. Our attorneys negotiate aggressively to achieve a fair settlement. If the insurance company refuses to be fair, we are fully prepared to take the battle to court. Kevin Adley and our trial attorneys are confident in front of Texas juries, and insurance companies know this – which often encourages them to settle on favorable terms rather than risk a trial.
• Client-Centered Service: We believe in treating clients like family. Suffering injuries after being hit by a car is stressful, so we strive to ease your burden by handling the legal complexities and also being there for you with compassion and support. Our firm maintains open lines of communication – you can reach out with questions at any time, and we provide regular updates on your case progress. We also understand the needs of the diverse Texas population: our staff is bilingual (English/Spanish), ensuring nothing is lost in translation when serving Spanish-speaking clients.
• No Fee Unless You Win: Financial worry should never prevent you from getting justice. Our contingency fee policy means you pay no attorneys’ fees unless we recover money for you. We even advance case expenses (like filing fees or expert witness costs), so you pay nothing out-of-pocket while the case is ongoing. If we succeed in getting you compensation, our fee is a percentage of the recovery – and we will clearly explain this percentage upfront during your free consultation. This way, our interests are aligned with yours: we only get paid when you do.

Ultimately, our mission is to obtain the best possible outcome for you and to make the legal process as smooth as we can. We know you are going through a difficult time, and we take pride in not only being your advocates in the legal arena but also offering a shoulder to lean on. When you hire Adley Law Firm, you can focus on healing while we focus on winning your case.

If you or a family member has been injured in a pedestrian accident anywhere in Texas, don’t hesitate to reach out to us. We offer a free consultation to evaluate your case and answer your questions. You can call us toll-free or locally at (713) 999-8669, or send us a message through our website. We can schedule your consultation at a time that works for you, and if you prefer it in Spanish, we are happy to accommodate. Remember, the law limits the time you have to act, so contact us today to ensure your rights are protected. Let our Texas pedestrian accident lawyers fight for the justice and compensation you deserve.

Texas Pedestrian Accident FAQs