According to the Texas Department of Transportation, in 2019, there were 656 fatal pedestrian accidents, and 1,831 possible injury accidents involving pedestrians. Pedestrians are at risk when drivers are negligent, careless, or aggressive. The lack of protection between these wayfarers and motor vehicles often makes pedestrian accidents that much more devastating. Such accidents can cause minor to severe injuries, fractures, catastrophic injuries, or sometimes death.
If you or a loved one were hurt in a pedestrian accident caused by another person's recklessness, you may be entitled to recover damages. As an experienced Texas personal injury attorney, I can fight passionately to protect your rights and help you pursue fair financial compensation to cover medical bills, future medical treatment, lost income, pain and suffering, or loss. My firm proudly serves victims of pedestrian accidents in Houston, South Houston, Friendswood, Pasadena, Texas, and the surrounding communities.
Determining Liability in a Pedestrian Accident
Seeking compensation after a Texas pedestrian accident requires determining the at-fault party. Texas is a "fault" state, and under this system, the at-fault party will pay for injuries, damages, and other liability. To recover damages, you must prove that:
- The at-fault driver owed you a duty of care
- The at-fault driver breached the duty of care owed
- The negligence or carelessness of the at-fault driver caused your injuries
- You suffered actual harm, bodily injuries, or someone died from the accident
Texas drivers owe a duty of care to other road users, including drivers, pedestrians, pedalcyclists, motorcyclists, and bicyclists. Pursuant to the Texas Transportation Code Sec. 552.008, drivers are expected to:
- Exercise due care to avoid hitting a pedestrian on the roadway
- Give warning by sounding the horn when necessary
- Yield the right-of-way to pedestrians crossing the roadway in a crosswalk if there are no traffic control signals
- Exercise right-of-way to the pedestrian on the half of the roadway
- Exercise proper precaution on observing a child or any obviously confused or incapacitated person on a roadway
Drivers who fail to exercise due care and cause a pedestrian accident may be found negligent and held liable.