Even at low speeds, a pedestrian can be seriously injured when struck by a car, truck or other vehicle. Because they have little protection, they may require emergency treatment, hospitalization and long-term rehabilitation.
According to the Texas Department of Transportation (TxDOT), there were 6,095 crashes involving pedestrians in 2024, resulting in 1,455 serious injuries and 772 deaths. Pedestrian crashes represented only around 1% of traffic crashes in Texas, but pedestrians accounted for 19% of roadway fatalities.
When a driver’s negligence causes a pedestrian accident, the injured person may have the right to pursue compensation. A Texas pedestrian accident lawyer can investigate what happened and identify potentially responsible parties to help determine available legal options.
Pedestrian accidents can happen anywhere vehicles and people on foot interact. Intersections, crosswalks, parking lots, school zones and roads without sidewalks can create situations where a driver’s mistake puts a pedestrian at risk.
Common factors in pedestrian crashes can include:
TxDOT identifies distracted driving, speeding and failure to yield among the leading factors contributing to pedestrian crashes in Texas. Even a few seconds of inattention can prevent a driver from noticing a pedestrian, which is one reason distracted driving accidents can have devastating consequences for people on foot.
Liability depends on how the accident occurred. In many cases, the driver who struck the pedestrian may be responsible if their negligent actions caused the collision. Establishing the elements of negligence generally requires examining whether someone owed a duty of care, breached that duty and caused injuries and damages as a result.
However, the driver is not necessarily the only responsible party. Depending on the circumstances, liability could involve:
Accidents involving cities or other governmental entities can require a different legal analysis because governmental claims may be subject to special requirements, limitations and deadlines.
A pedestrian does not have to be walking across a major highway to be seriously injured. Accidents can happen anywhere people and vehicles travel near one another, with common locations including:
The National Highway Traffic Safety Administration (NHTSA) identifies turning vehicles and crashes involving pedestrians walking along roads as common pedestrian crash scenarios.
Seasonal changes can also affect pedestrian activity. As temperatures become warmer and more people spend time outdoors, understanding pedestrian accident risks during the spring can help both drivers and pedestrians recognize potential hazards.
Children can face unique risks around traffic because of their size and limited experience recognizing dangerous situations. Determining liability when a child is hit in a school zone can involve examining the driver’s actions and whether other parties contributed to the accident.
Parents can also help younger pedestrians develop safer habits by teaching them about child pedestrian safety. NHTSA recommends that drivers follow posted speed limits and use additional caution in school zones and neighborhoods where children are present.
Without the protection of a vehicle around them, pedestrians can suffer serious injuries from both the initial impact and contact with the roadway or surrounding objects. Potential injuries include:
The severity of an injury can affect a person’s medical needs and ability to work, live independently and participate in everyday activities.
A pedestrian’s actions can become part of the liability analysis. For example, an investigation may consider where the pedestrian crossed, traffic signals, visibility and the actions of the driver immediately before the collision.
Under Texas’ proportionate responsibility law, a claimant generally cannot recover damages if their percentage of responsibility is greater than 50%. When recovery is permitted, damages are reduced according to the person’s percentage of responsibility.
Pedestrian injuries can result in major financial and personal losses. Depending on the circumstances and applicable law, compensation may be available for damages such as:
When a pedestrian accident causes a fatal injury, certain surviving family members may be eligible to pursue a wrongful death claim.
The driver’s and pedestrian’s accounts of the collision may not be enough to determine what happened. Evidence can help establish where the pedestrian was located, how the vehicle was being operated and what happened immediately before impact.
Depending on the accident, useful evidence may include:
Evidence can disappear after an accident. Surveillance footage can be overwritten, vehicles may be repaired and roadway conditions can change. Preserving available evidence can be important when investigating a pedestrian injury claim.
Medical care should be the priority after a pedestrian accident, especially since some injuries may not be immediately obvious after a collision. Medical documentation can also become important when evaluating an injury claim.
When possible, an injured pedestrian or family member should also preserve information related to the crash, including photographs, witness contact information, medical records and accident reports.
Before providing detailed statements or accepting a settlement from an insurance company, speaking with an attorney can help you understand the extent of your injuries and the legal options available.
Pedestrian accident claims can involve serious injuries, disputed liability and questions about insurance coverage. Determining what happened may require examining the driver’s conduct, video footage, witness accounts and other evidence from the collision.
The Carlson Law Firm represents people injured because of another person’s negligence. Our personal injury attorneys can investigate a pedestrian accident, identify potentially responsible parties and help determine what compensation may be available.
If you or someone you love was injured in a pedestrian accident, speaking with a lawyer can help you understand your rights, potential compensation and the legal options available.
With over a dozen locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.
