Walking is a simple and everyday part of life, but a collision with a vehicle can turn an ordinary trip into a life-changing event. Without the protection of a vehicle, a pedestrian can suffer serious and even catastrophic injuries even in a relatively low-speed crash. After an accident, you may suddenly find yourself dealing with significant hospital bills, ongoing treatment, time away from work, and uncertainty about how you will recover.
If you have been hit by a vehicle in Texas, understanding your rights can help you make informed decisions about what comes next. At The Law Office of Luis A. Perez, PC, we understand how overwhelming the aftermath of a pedestrian accident can be. We can help you understand your rights, assess your legal options, and take steps to protect your interests while you focus on your recovery. After a pedestrian accident, you should not have to navigate the legal process alone.
Pedestrians Have the Right To Seek Compensation After an Accident
When a motorist’s negligence leads to a pedestrian accident, the pedestrian may have the right to seek compensation for the harm caused. You can do this by filing an insurance claim or a lawsuit.
A negligent driver may be responsible for damages such as medical expenses, lost wages, pain and suffering, permanent injuries, emotional distress, and reduced quality of life. After a pedestrian accident, these losses can quickly place significant financial pressure on you and your family. You may also face ongoing treatment, rehabilitation, or changes to your ability to work and enjoy everyday activities. An at-fault driver is responsible for compensating you for these damages, too.
We believe you should not have to bear those costs alone when another person’s careless actions caused your injuries, and we are here to help you fight for your deserved compensation.
Texas Pedestrian Laws Protect Injured Walkers
Texas law provides important protections for pedestrians. Pedestrians generally have the right-of-way in certain situations, including when crossing at marked crosswalks or following pedestrian signals. Drivers are required to use reasonable care and take steps to avoid hitting pedestrians.
Drivers can be held responsible when they fail to follow these responsibilities. Common examples include speeding, distracted driving, failing to yield, or driving while impaired. Even when a pedestrian is outside a marked crosswalk, drivers still have a duty to operate their vehicles safely and watch for people sharing the road.
Understanding right-of-way rules is important because insurance companies may attempt to argue that a pedestrian contributed to the accident. Knowing your rights can help you protect yourself when dealing with these arguments.
What Causes Most Pedestrian Accidents in Texas?
Pedestrian accidents can happen for many reasons, but many are caused by preventable driver behaviors. Some of the most common causes include;
- Distracted driving
- Speeding
- Failure to yield
- Impaired driving
Poor decisions behind the wheel can change a pedestrian’s life in seconds. When a driver’s carelessness causes harm, injured pedestrians should know that legal options may be available.
What Should You Do After Being Hit by a Vehicle?
After a pedestrian accident, it is normal to feel overwhelmed or unsure about what steps to take. However, the actions you take after the crash can affect both your recovery and your potential legal claim.
First, seek medical attention as soon as possible. Some injuries may not be immediately obvious, including certain head injuries or internal injuries. Prompt medical attention can help confirm if you are injured and the severity of your injuries. Getting medical care also creates documentation connecting your injuries to the accident.
You should also report the accident to the police and request a copy of the police report. If you are physically able, collect evidence from the scene, including photos of the road, vehicle damage, your injuries, and any conditions that may have contributed to the crash. Witness statements can also be valuable when determining what happened.
After a pedestrian accident, avoid making statements that could be interpreted as an admission of fault. Even a simple comment made at the scene or to an insurance adjuster may later be used against you. And before accepting a settlement offer or giving a detailed statement, consider speaking with an experienced personal injury attorney.
Can a Pedestrian Still Recover Compensation if They Were Partly at Fault?
Many injured pedestrians worry that they cannot recover compensation if they made a mistake before the accident. However, Texas follows a modified comparative fault system. Under this law, you may still recover damages if you are found partially responsible, as long as your percentage of fault is less than 51%. But in such a case, the amount recovered will be diminished based on your percentage of fault.
For instance, an adjuster may argue that you were distracted, crossed improperly, or did not follow traffic rules. That does not automatically eliminate the possibility of compensation. The facts of the accident must be carefully reviewed to determine how responsibility should be divided.
Having evidence such as the police report, witness statements, surveillance or traffic camera footage, and photos of the scene can help strengthen your claim. If an insurer challenges your account or argues that you share responsibility, an experienced personal injury attorney can review the evidence, explain how comparative fault may affect your case, and help you pursue a fair outcome.
After a pedestrian accident, protecting your rights starts with understanding them. Also, acting promptly, preserving evidence, and seeking experienced legal guidance can help you recover the compensation you deserve and move forward with greater confidence.
Let Us Help You After a Texas Pedestrian Accident
A pedestrian accident can leave you facing challenges you never expected. You may be dealing with painful injuries, financial pressure, and questions about who should be held responsible. However, Texas law allows injured pedestrians to seek justice when another person’s negligence causes harm. If you have been hit by a vehicle, you don’t have to handle the process alone. At The Law Office of Luis A. Perez, PC, we are committed to helping injured pedestrians understand their rights and pursue the compensation they need. Contact us today to discuss your accident, learn about your rights and legal options, and take the next step toward protecting your future. We are here to provide the guidance and support you need during this difficult time