Getting hit by a car while walking shouldn’t happen, especially when someone else made a careless choice. If you’ve been injured or someone close to you was killed in a pedestrian accident, it’s hard to know what to do next. Medical bills add up fast, work becomes impossible, and life changes in ways you never expected.
When someone else causes harm, you have the right to hold them accountable. A Texas pedestrian accident lawyer at Cowen | Rodriguez | Peacock can guide you through the legal process, work to build your case, and pursue the maximum compensation available under the law. Many injured pedestrians recover money for medical expenses, lost income, future care, and other harms tied to the accident.
You don’t need to handle this alone. Contact our team for a free consultation. We’re here to listen, explain your options, and stand by your side.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
Understanding Texas Pedestrian Accident Laws
Pedestrians have legal protections under Texas law, especially when crossing streets or using sidewalks. Drivers must follow the rules just like walkers must. Here’s how the law applies to pedestrian accidents in the state.
Right-of-Way Rules for Pedestrians
In Texas, drivers must yield to pedestrians in marked crosswalks. If a person is crossing with a walk signal or on a green light, vehicles must stop. Even without signals, drivers are expected to use caution when someone is walking across the road. On the flip side, pedestrians also have a duty not to step suddenly into traffic or cross against signals.
When drivers ignore these rules, they put lives at risk. Violating right-of-way laws can be used as evidence to show fault in a legal claim.
Comparative Negligence in Texas
Sometimes, both the driver and the pedestrian made mistakes. Texas follows a rule called “modified comparative negligence.” If you’re found to be 50% or less at fault, you can still recover money, though the amount is reduced by your percentage of fault. But if you're more than 50% responsible, you can't recover damages.
This rule makes it even more important to build a strong case that puts the responsibility where it belongs.
Statute of Limitations for Pedestrian Claims
Texas law limits how long you have to file a claim after an accident. In most cases, you must file within two years of the date of the crash. If you miss the deadline, the court will likely dismiss your case. For this reason, getting legal help as soon as possible gives you the best chance to protect your rights and gather strong evidence before it disappears.
What Are the Most Common Causes of Pedestrian Accidents?
Pedestrian accidents don’t just happen randomly. They usually come down to poor choices or dangerous conditions. Below are some of the most common reasons pedestrians get hit.
Distracted Driving and Cell Phone Use
Texting behind the wheel, watching videos, or even talking on the phone takes a driver’s attention off the road. Even a short glance away can lead to a missed stop sign or failure to see someone walking through a crosswalk.
Drunk or Impaired Driving
Drivers under the influence of alcohol or drugs have slower reaction times and poor judgment. Many pedestrian deaths involve impaired drivers who never even tried to stop in time.
Failure to Yield at Crosswalks
Some drivers roll through stop signs or turn right on red without looking for pedestrians. Others ignore crosswalks altogether. These failures to yield are a leading cause of pedestrian crashes, especially in cities and school zones.
Poor Weather and Visibility Conditions
Rain, fog, or darkness can make it harder to see people walking. But that doesn't excuse careless driving. Motorists still have to slow down and stay alert when visibility drops.
Inadequate Street Lighting and Infrastructure
Areas without sidewalks, proper lighting, or working signals are dangerous for pedestrians. Drivers need to adjust their speed and behavior when roads lack safety features.
Types of Injuries in Pedestrian Accidents
Getting struck by a vehicle often leads to serious injuries. Pedestrians don’t have seatbelts, airbags, or steel frames to protect them. These accidents can change a person’s health, ability to work, and overall future in seconds.
Traumatic Brain Injuries
Head injuries often occur when a pedestrian is knocked to the ground or thrown by the impact. Traumatic brain injuries (TBIs) range from mild concussions to long-term brain damage. Some victims may need years of therapy or require full-time care.
Spinal Cord Injuries and Paralysis
Damage to the spinal cord can cause partial or full paralysis. Even less severe spine injuries may lead to chronic pain, limited mobility, or other long-lasting health problems.
Broken Bones and Fractures
Arms, legs, hips, and ribs are often fractured in these accidents. While many broken bones heal, some require surgery or leave lasting complications like stiffness, weakness, or arthritis.
Internal Organ Damage
Blunt force from a crash can damage organs like the lungs, liver, or kidneys. These injuries may not show up right away, which is why immediate medical care is so important after a crash.
Psychological Trauma and PTSD
Physical recovery is only part of the story. Many people suffer emotionally after being hit by a car. Nightmares, anxiety, and PTSD are common, especially in severe or fatal accidents. These effects also deserve attention in a legal claim.
How Much Compensation Can I Receive for My Pedestrian Accident?
The amount of money available in a pedestrian accident claim depends on the facts. A successful case may include many types of compensation, depending on the harm caused.
Medical Expenses and Future Treatment Costs
Your claim can cover hospital stays, ambulance fees, surgery, medication, rehab, and follow-up visits. Future care may also be included, especially if you need ongoing treatment or future procedures.
Lost Wages and Reduced Earning Capacity
If the injury kept you out of work or lowered your ability to earn income, you can seek recovery for past lost wages and future losses. This applies whether you miss a few weeks or lose your job entirely due to long-term effects.
Pain and Suffering Damages
This covers the physical pain and personal hardship caused by the accident. That might include difficulty walking, sleeping, or enjoying your favorite activities. Every case is different, and these damages are often a key part of your total recovery.
Property Damage to Personal Belongings
If your phone, glasses, clothes, or other personal property were damaged in the crash, that can also be part of your claim.
Proving Liability in Texas Pedestrian Accidents
Insurance companies usually don’t hand out fair settlements without a fight. The stronger your evidence, the better chance you have at full compensation. Our attorneys work to build solid claims backed by proof.
Gathering Evidence from the Scene
Photos of the crash scene, skid marks, traffic signs, and damage to the vehicle can all help show what happened. The sooner this evidence is gathered, the better.
Witness Testimony and Police Reports
Statements from people who saw the crash can support your side of the story. Police reports may also show fault, especially if the officer gave the driver a ticket or cited reckless behavior.
Traffic Camera and Surveillance Footage
Footage from traffic cameras, nearby businesses, or even doorbell cameras may have captured the crash. This kind of video can show what happened more clearly than any other source.
Accident Reconstruction Analysis
When needed, experts can examine the details and recreate the crash. This analysis can strengthen your claim by showing how the accident happened and who was at fault.
What Should I Do After a Pedestrian Accident?
Taking the right steps after a crash can protect your health and improve your chance of a strong case. Here’s what to do if you’re involved in a pedestrian accident.
Seek Immediate Medical Attention
Some injuries don’t show symptoms right away. Always see a doctor as soon as possible, even if you feel okay at first. Your medical records help connect the crash to your injuries.
Document the Scene and Gather Information
If you can, take photos, write down what happened, and get the names of the driver and any witnesses. This information helps your lawyer start building your case.
Report the Accident to Police
Calling law enforcement creates an official report. That report may be used later to show fault and details about the crash.
Contact a Pedestrian Accident Attorney
An attorney who handles pedestrian injury claims can explain your options, deal with the insurance companies, and help you seek full compensation. Waiting too long could hurt your case.
Avoid Speaking to Insurance Companies Alone
Insurance adjusters may ask leading questions or try to get you to accept a quick payout. Let your Texas personal injury lawyer handle those conversations. That protects your rights and prevents you from saying something that might be used against you.
How Our Attorneys Can Help
The attorneys at Cowen | Rodriguez | Peacock help pedestrian accident victims across Texas pursue strong claims. We know how to investigate, negotiate, and take cases to trial when needed.
Thorough Investigation of Your Case
We look at every detail, from accident reports to medical records to camera footage. Nothing gets overlooked.
Negotiating with Insurance Companies
We deal directly with the insurance adjusters so you don’t have to. When the other side tries to shortchange you, we push back.
Calculating Fair Compensation
We work with doctors, economists, and other professionals to understand how the injury affects every part of your life. That helps us demand the full value of your claim.
Litigation and Trial Representation
If the driver or their insurer refuses to resolve the claim fairly, we’re ready to take your case to court.
Handling All Legal Paperwork and Deadlines
You don’t need to worry about missing a form or a deadline. Our team keeps your case on track from start to finish.
Why Choose Our Firm
Cowen | Rodriguez | Peacock has helped injured Texans for years. We’ve earned trust by treating our clients with respect and fighting hard for the outcome they need.
Extensive Experience with Texas Pedestrian Cases
Our attorneys have handled many pedestrian cases and know how to deal with the unique challenges these accidents bring.
Proven Track Record of Successful Settlements
We’ve helped clients recover significant compensation after serious injuries. Our results speak for themselves.
No Fee Unless We Secure Damages for You
You won’t pay us unless we recover compensation through a settlement or trial. That’s our promise.
Personalized Attention and Client Communication
You’ll always know what’s happening with your case. We stay in touch and answer your questions clearly and quickly.
Resources to Handle Complex Cases
Some claims require accident reconstruction, expert witnesses, or deep investigation. We have the tools and team to handle those needs.
Frequently Asked Questions About Pedestrian Accident Claims in Texas
Can I still recover compensation if I was partially at fault?
Yes. As long as you're 50% or less responsible, you can still recover a portion of your damages. The amount gets reduced based on your share of the blame.
What if the driver who hit me was uninsured?
You may still have options through your own uninsured motorist coverage or a personal injury lawsuit. Our team can review your case and explain what’s available.
How long does a pedestrian accident case typically take?
Each case is different. Some settle in a few months. Others take longer, especially if a lawsuit is needed. We move efficiently while building a strong case.
Should I accept the insurance company's first settlement offer?
Probably not. First offers are often low and may not cover all your losses. Talk to a lawyer before agreeing to anything.
What if the accident happened on private property?
Pedestrian accidents can happen in parking lots, driveways, or business entrances. These cases still qualify for legal claims, though the process may differ.
Take Action Now to Protect Your Rights
Pedestrian accident cases involve time limits, disappearing evidence, and insurance companies that want to pay as little as possible. Protect your rights by reaching out to Cowen | Rodriguez | Peacock right away.
We offer free consultations, and everything you share stays private. Call us at (210) 941-1301 to set up your case review today. Let us help you take the next step toward recovery and the maximum compensation available under Texas law.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.