Houston Pedestrian Accident Lawyer
Walking in Houston, whether crossing a busy street in Midtown, navigating a crowded parking lot in The Galleria, or simply taking a stroll through a residential neighborhood, comes with significant risks.
A pedestrian has no physical protection when struck by a moving vehicle, so when a driver’s carelessness or inattention causes a collision, the resulting injuries are often severe and life-altering. If you were hit by a car, you may be dealing with a challenging physical recovery, significant emotional distress, and rapidly increasing medical expenses.
A Houston pedestrian accident lawyer at NMW Law provides the calm, humane, and disciplined advocacy you need. Call us for a free consultation at (713) 714-2563.
Key Takeaways About Houston Pedestrian Accident Cases
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Pedestrians who are injured by a negligent driver have the right to seek compensation for their medical expenses, lost income, and physical and emotional pain and suffering.
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Drivers in Texas have a specific legal duty to exercise due care to avoid colliding with pedestrians, especially in and around crosswalks, intersections, and school zones.
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Insurance companies often try to blame the pedestrian for the accident to avoid paying a claim. An experienced attorney can build a strong case to fight back against these unfair tactics.
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Even if you were not in a designated crosswalk, the driver might still be found at fault if their inattention, speeding, or other negligent behavior was the primary cause of the collision.
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Preserving evidence, such as photos of the scene, the vehicle involved, and contact information for witnesses, is an important first step after an accident.
How Our Houston Pedestrian Accident Lawyers Support You After a Crash
We believe healing starts when you feel supported and understood. Being struck by a vehicle is a traumatic experience that can upend your sense of security.
Through our Culture of Care, we approach your situation with the deep empathy it deserves, recognizing that your recovery involves not only your physical well-being but also your emotional peace of mind.
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We operate under the guiding motto: Quiet Strength. Relentless Care. To us, this means offering steady, compassionate support while pursuing your case with meticulous attention and firm resolve.
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A Houston pedestrian accident lawyer from our team will oversee every stage of the legal process. Our investigation may include obtaining traffic or surveillance footage, subpoenaing the driver’s cell phone records to determine whether distracted driving played a role, and working with accident reconstruction experts to clearly establish how the collision occurred.
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We handle all communication with the driver’s insurance company, ensuring you are shielded from adjusters who may try to shift blame or pressure you into an undervalued settlement. Our “all in, always” commitment allows you to focus on healing while we devote ourselves fully to securing accountability and pursuing the compensation you deserve.
Pedestrian Rights and Driver Responsibilities Under Texas Law
Texas law sets out clear rights and responsibilities for both pedestrians and drivers. These rules, found primarily in the state's Transportation Code, are designed to promote safety and prevent accidents at intersections, crosswalks, and along roadways. A driver's failure to follow these laws can be used as strong evidence of their negligence in a personal injury claim.
Under the Texas Transportation Code § 552.003, a driver must yield the right-of-way to a pedestrian in a marked crosswalk if the pedestrian is on the half of the roadway in which the vehicle is traveling or approaching from the other half. The law also places a general duty on drivers to exercise due care to avoid colliding with any pedestrian, regardless of where they are.
Driver Duty of Care and Legal Obligations to Pedestrians in Texas
The legal duty of a driver goes beyond simply following traffic signals and posted signs. They must remain alert and aware of their surroundings at all times.
This is especially true in areas with heavy foot traffic, such as near schools, parks, shopping centers, or downtown entertainment districts like the Theater District.
A driver's duty of care includes several key responsibilities. Their failure to meet these responsibilities can form the basis of a negligence claim against them.
Some of a driver's primary duties to pedestrians include:
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Yielding at Crosswalks: Drivers must stop for pedestrians in both marked and unmarked crosswalks at intersections. An unmarked crosswalk exists at any intersection where sidewalks are present.
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Driving at a Safe Speed: This means obeying the speed limit and slowing down significantly in poor weather, heavy traffic, or areas where pedestrians are likely to be present.
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Maintaining Lookout: Drivers must actively scan the road, including sidewalks and the shoulders of the road, for pedestrians and be prepared to stop.
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Exercising Caution Around Children: Drivers are expected to use extra caution in school zones and residential neighborhoods where children may dart into the street unexpectedly.
When a driver fails in any of these duties and strikes a pedestrian, their actions may be considered negligent. This forms the legal foundation for a personal injury claim.
Pedestrian Rights and Driver Responsibilities Under Texas Law
The core of a successful pedestrian accident claim is proving that the driver was negligent and that their negligence directly caused your injuries. This requires a thorough investigation to gather evidence that shows what the driver did wrong and how their actions led to the harm you suffered.
Your attorney will identify the specific conduct that contributed to the crash. This may involve using the driver's own statements from the police report, physical evidence from the scene like skid marks, and witness testimony to piece together the moments before the impact.
Common Types of Driver Negligence in Pedestrian Accidents
Many pedestrian accidents are caused by preventable driver errors. A dedicated Houston pedestrian accident lawyer can investigate the crash to identify the specific careless behavior that led to your injuries.
The most frequent causes of pedestrian collisions include:
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Distracted Driving: A driver who is texting, talking on the phone, programming a GPS, or eating is not paying adequate attention to the road and the people around them.
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Failure to Yield: Many accidents occur at intersections when a driver makes a right or left turn without looking for pedestrians who have the right-of-way in the crosswalk.
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Speeding: A driver who is speeding has less time to react and cannot stop as quickly when a pedestrian enters their path. The higher the speed, the more severe the injuries will be.
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Driving Under the Influence: A driver impaired by alcohol or drugs has compromised judgment, vision, and reaction time, making them a significant danger to everyone.
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Disregarding Traffic Signals: Running a red light or a stop sign is a clear violation of a driver's duty of care and a common cause of serious intersection accidents.
Identifying these failures is essential to building a case that holds the driver accountable.
Serious Injuries in Pedestrian Accidents and Their Long-Term Effects
Because a pedestrian has zero protection in a collision with a motor vehicle, the resulting injuries are often catastrophic and can lead to permanent disability. The force of impact can cause severe damage to the body, requiring extensive medical treatment and a long, painful recovery.
The consequences of these injuries can extend for a lifetime, affecting a person's ability to work, care for their family, and enjoy life's simple pleasures. A legal claim must account for the full extent of these long-term needs.
Most Common Injuries in Houston Pedestrian Accident Cases
The impact with a vehicle and the secondary impact with the ground can cause a range of severe injuries. Your attorney will work closely with your doctors to fully document the nature and severity of all of your injuries.
Victims of pedestrian accidents often suffer from:
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Traumatic Brain Injuries (TBI): The head striking the vehicle's hood, windshield, or the pavement can cause concussions or more severe brain injuries with lasting cognitive and emotional effects.
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Spinal Cord Injuries: Damage to the spine can result in paralysis, such as paraplegia or quadriplegia, requiring a lifetime of care and home modifications.
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Broken Bones: Multiple complex fractures, particularly to the legs, hips, pelvis, and arms, are very common and may require surgical insertion of plates and screws.
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Internal Injuries: The force of impact can cause organ damage and internal bleeding. These are life-threatening conditions that require immediate emergency surgery.
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Severe Lacerations and Abrasions: These injuries, often called road rash, can lead to permanent scarring and disfigurement, often requiring painful skin grafts.
These injuries often require extensive, long-term medical care with significant ongoing costs.
Dealing With Unfair Blame and Texas Law
A common tactic used by insurance companies in the claims process is to try to blame the pedestrian for the accident. The adjuster might claim you were not in a crosswalk, that you darted out into the street without looking, that you were distracted by your phone, or that you were wearing dark clothing at night.
Texas follows a legal rule known as modified comparative fault, which is established by the Texas Civil Practice and Remedies Code § 33.001. This law states that you can still recover damages as long as you are not found to be 51% or more at fault for the accident.
Your potential compensation is simply reduced by your percentage of fault. Your attorney's job is to fight back against this unfair blame-shifting and to present the evidence that clearly shows the driver's primary responsibility for the collision.
FAQs for Houston Pedestrian Accident Lawyers
What if I was jaywalking or not in a crosswalk when I was hit?
You may still have a strong case. Drivers in Texas have a general duty to be aware of their surroundings and to avoid hitting pedestrians whenever possible. If the driver was distracted, speeding, or otherwise negligent and had a clear opportunity to see you and avoid the collision, they can still be held liable even if you were not in a designated crosswalk.
The driver's insurance company wants me to give a recorded statement. Should I do it?
It is not advisable to give a recorded statement without first speaking to an attorney. The insurance adjuster is trained to ask questions in a way that can get you to say something that hurts your claim or implies you were at fault. You can politely decline and tell them your lawyer will be in contact.
Who pays for my medical bills?
Initially, you may use your own health insurance or Personal Injury Protection (PIP) coverage if you have it through an auto policy. The goal of a personal injury claim is to get the at-fault driver's insurance company to reimburse you for these costs and to provide compensation for any future medical care you will need.
What is my pedestrian accident case worth?
The value of a case depends on many factors, including the severity of your injuries, the total amount of your past and future medical bills, how much work you have missed, and the long-term impact on your life and your ability to function. An experienced attorney can evaluate all of these factors to help you understand the potential value of your claim.
How much does it cost to hire a pedestrian accident lawyer?
At NMW Law, we handle all pedestrian accident cases on a contingency fee basis. This means there are no upfront costs to you, and we advance all costs of the investigation and litigation. We are paid a percentage of the compensation we successfully recover for you. If we do not win your case, you owe us no attorney fees.
Speak With a Houston Pedestrian Accident Lawyer Today
When a driver's negligence leaves you with serious injuries, we can help you bring your life back together. The recovery process is difficult, but you do not have to face the legal and financial challenges alone.
NMW Law provides the quiet strength and relentless care needed to guide you. We will handle the complexities of your claim so you can focus on healing.
To discuss your case in a free and confidential consultation, please contact our team at (713) 714-2563.