Pedestrian Accidents: Understanding Your Rights as a Victim
Texas law gives rights to those on foot who are harmed by careless drivers, but many people don’t know where to begin after such a traumatic event. Pedestrian accidents can leave victims with serious injuries, long-term medical costs, and emotional distress.
Pedestrian accidents can lead to life-altering injuries and emotional trauma. Whether you were crossing at a marked crosswalk or walking along the side of the road, it's important to know that you have legal protections. Understanding your rights can make a difference in how you move forward after the incident.
At Steve Brannan, Attorney PC, we have helped many injured pedestrians in Odessa, Texas, fight for fair treatment after being struck by vehicles.
As personal injury lawyers, we believe that the path to recovery starts with a clear understanding of what the law allows and what steps you can take to protect yourself and your future.
Pedestrians Have Rights Under Texas Law
Texas law recognizes the vulnerability of pedestrians. Drivers are required to exercise caution, yield the right-of-way in crosswalks, and drive safely in areas where foot traffic is likely. When a driver fails to meet these legal duties and hits someone walking, that driver can be held responsible.
Many people don’t realize how extensive their rights are after being hit. Under Texas personal injury law, victims can seek compensation for medical bills, pain and suffering, lost wages, future treatment, and more. But those rights don’t enforce themselves.
Common Causes of Pedestrian Accidents
Most pedestrian accident attorneys see are preventable. Drivers who text while driving, speed through intersections, ignore traffic signs, or fail to yield are a danger to everyone. In Texas, even a moment of inattention behind the wheel can result in devastating harm.
Nighttime accidents are especially common when drivers fail to use proper lighting or spot pedestrians in time. In school zones or residential neighborhoods, drivers have an even higher duty to pay attention. When they don’t, attorneys are ready to hold them accountable under personal injury law.
What to Do Immediately After a Pedestrian Accident
If you or a loved one is hit by a car, the first priority is safety. Seek medical attention right away, even if your injuries seem minor at first. Many injuries worsen in the hours or days after an accident. Document everything—photos of the scene, your injuries, witness names, and the driver’s insurance information. Contact law enforcement and get a copy of the police report.
Liability and Fault in Texas Pedestrian Cases
Texas follows a modified comparative fault system. This means that as long as you’re less than 51% at fault for the accident, you can recover damages. However, your compensation may be reduced by your percentage of fault. For example, if a jury finds you were 20% responsible for the accident, your award will be reduced by that amount.
That’s why it’s so important to challenge any attempt to shift blame unfairly. Drivers and their insurers may try to argue that you were distracted, crossed outside a crosswalk, or weren’t visible enough. A good attorney will work to push back against these tactics and present a full picture of what really happened.
Types of Compensation Available in Texas Pedestrian Accident Claims
Here are some types of compensation that might be available:
Medical expenses (past and future)
Rehabilitation and therapy costs
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Disfigurement or permanent disability
Loss of enjoyment of life
Property damage
Wrongful death benefits (if applicable)
Each category can be significant depending on the nature of your injury. Personal injury law in Texas allows victims to recover both economic and non-economic damages. The right attorney will evaluate all aspects of your case to pursue the maximum compensation available.
Proving a Driver’s Negligence
To win a personal injury case after a pedestrian accident, an attorney must prove that the driver was negligent. This means showing they had a legal duty, breached that duty, and caused your injuries. Evidence is critical.
Traffic camera footage, dashcam recordings, witness statements, vehicle damage, cell phone records, and accident reconstruction reports all help us build a strong case. In some cases, an attorney may uncover violations of traffic laws or even criminal behavior like DUI. Every detail matters.
Dealing With Insurance Companies
Insurance companies often reach out quickly after an accident, offering low settlements or asking for recorded statements. Their goal is to minimize their payout. Insurance adjusters may act friendly, but their job is to protect the company’s bottom line.
Special Considerations for Children and Elderly Victims
Pedestrian accidents involving children or elderly individuals carry additional legal and emotional weight. Children may suffer more serious injuries due to their size and vulnerability. The law recognizes that drivers must use extra care in areas where children are likely to be present, such as school zones, parks, and residential streets.
When they fail to do so, they can be held liable. Similarly, elderly pedestrians often face longer recovery times and may experience life-altering consequences from an accident. The right attorneys will handle these cases with the sensitivity and legal strategy needed to highlight their unique impact under personal injury law.
Wrongful Death and Fatal Pedestrian Accidents
Tragically, some pedestrian accidents result in fatalities. When this happens, surviving family members may file a wrongful death claim under Texas law. These claims can seek compensation for funeral expenses, lost financial support, mental anguish, and the loss of companionship.
Time Limits for Filing a Claim
Under Texas personal injury law, there is a strict time limit for filing a pedestrian accident lawsuit. Generally, you have two years from the date of the accident to file your claim. Missing this deadline could bar you from recovering anything, no matter how strong your case is. There are limited exceptions, but the best approach is to act quickly.
Common Defenses Used by Drivers
Drivers accused of causing pedestrian accidents often raise certain defenses. They may argue the pedestrian “darted out” unexpectedly, wasn’t in a crosswalk, or was wearing dark clothing at night. While some of these arguments may have merit in specific cases, many are attempts to avoid liability.
Attorneys address these defenses by showing driver behavior, road conditions, lighting, and pedestrian location. Don’t accept the first version of events as final—let an attorney look at the facts through the lens of personal injury law.
Why Legal Representation Makes a Difference
Having a personal injury lawyer on your side can make a major difference in the outcome of your case. An attorney is essential in helping clients avoid early missteps, preserve critical evidence, document injuries properly, and calculate a fair value for their damages.
Too many victims accept low offers because they didn’t know what their case was worth or how strong it could be in court. Insurance companies have attorneys—so should you. An attorney is there to guide you through the process and fight for what’s fair, based on real experience and knowledge of Texas law.
Reach Out Today
At Steve Brannan, Attorney PC, we use personal injury law to stand up for pedestrians who have been harmed through no fault of their own. We’re proud to serve clients in Odessa, Texas, and the surrounding areas of Midland, Big Spring, Pecos, Andrews, and throughout communities in West Texas. Call today.