Pedestrian Accident Lawyer: Protecting Your Rights After Being Hit by a Car
Table of Contents
Walking should be one of the safest ways to get around, but a single negligent driver can turn an ordinary stroll into a devastating experience. If you’ve been injured in a pedestrian accident, an experienced pedestrian accident lawyer can help protect your rights, hold the at-fault driver accountable, and fight for the compensation you deserve. At Allbee Law Firm, we understand the physical, emotional, and financial challenges accident victims face.
Call us today at (972) 848-4848 for a free consultation—there’s no cost unless we win your case. In this article, we explain why pedestrian accidents happen, what to do after being hit by a car, and how we can help you recover.
What Makes Pedestrian Accidents Different From Other Accidents?
Why Are Pedestrians So Vulnerable?
Pedestrians have no protective barrier between themselves and a moving vehicle. When a driver fails to yield or is distracted, the force of a collision can cause catastrophic injuries. Even at relatively low speeds, being struck by a vehicle can result in broken bones, head injuries, and internal damage. Because pedestrians are exposed, their injuries are often more severe than those in car accidents and require long-term medical care.
How Do Pedestrian Accidents Usually Happen?
Pedestrian accidents often occur due to driver negligence. Common scenarios include:
Failure to yield – Drivers turning left or right may not see pedestrians in crosswalks and strike them.
Distracted driving – Texting, eating, or adjusting navigation systems can cause drivers to overlook pedestrians.
Speeding – High speeds reduce a driver’s reaction time, making it harder to stop for pedestrians.
Impaired driving – Alcohol or drugs impair judgment and can lead to drivers drifting into crosswalks.
Poor visibility – Dark clothing, poorly lit streets, and inclement weather make pedestrians harder to see.
Understanding how the accident happened is essential for determining who was at fault. We investigate the cause of your accident to build a strong case and pursue compensation from the responsible party.
Common Pedestrian Accident Injuries
What Types of Injuries Do Pedestrians Suffer?
Pedestrian accidents can result in devastating injuries. Common pedestrian accident injuries include:
Traumatic brain injuries – Concussions and skull fractures can cause memory loss, cognitive issues, and long-term impairment.
Spinal injuries – Damage to the spinal cord or vertebrae may lead to paralysis or chronic pain.
Broken bones – Arms, legs, ribs, and hips are frequently fractured upon impact.
Internal injuries – The force of the collision can damage organs, causing internal bleeding that requires emergency surgery.
Soft-tissue injuries – Sprains, strains, and torn ligaments can cause significant pain and limit mobility.
Lacerations and bruises – Cuts and bruises may seem minor, but can lead to infections or scarring.
These injuries require immediate medical attention and may involve surgeries, rehabilitation, and long-term care. Our experienced pedestrian accident lawyers work with medical professionals to ensure all injuries are documented and included in your claim.
How Do Injuries Affect Compensation?
Injuries play a significant role in determining the value of a pedestrian accident claim. Severe or permanent injuries typically result in higher compensation because they lead to greater medical expenses, longer recovery times, and more significant pain and suffering. We gather medical records, consult with doctors, and engage expert witnesses to estimate future costs. This helps us pursue fair compensation that reflects the full extent of your injuries.
Steps to Take After a Pedestrian Accident
What Should You Do Immediately After Being Hit by a Car?
Taking the proper steps after a pedestrian accident protects your health and your claim. We recommend:
Call 911 – Report the accident and request medical assistance. A police report helps document the scene and establish fault.
Seek medical attention – Even if you think you’re fine, see a doctor. Some injuries, like internal bleeding or concussions, may not show symptoms immediately.
Gather information – Get the driver’s name, contact details, license plate number, and insurance information. If there are witnesses, collect their names and phone numbers.
Document the scene – Take photos or videos of the accident scene, including the location, vehicle damage, traffic signals, and any visible injuries.
Do not admit fault – Avoid saying “sorry” or indicating blame. Let investigators determine who is at fault.
Contact a pedestrian accident lawyer – Before speaking with insurance companies, consult an attorney. We handle communications and protect your claim from common insurance tactics.
What Not to Do After a Pedestrian Accident
Avoid common pitfalls that could harm your case:
Don’t leave the scene – Stay until police arrive, unless your injuries require immediate medical attention.
Don’t negotiate directly with the driver or their insurer – Quick settlement offers may not cover all your damages.
Don’t post about the accident on social media – Insurers may use your posts against you.
Don’t delay treatment – Waiting to see a doctor can worsen injuries and weaken your claim.
Our pedestrian accident attorneys guide you through each step and ensure you don’t make mistakes that could jeopardize your recovery.
How Pedestrian Accident Claims Work
Who Is Liable for a Pedestrian Accident?
Liability often rests with the driver who hit you, but other parties may share responsibility. Possible liable parties include:
Negligent drivers – Drivers who fail to yield, speed, or drive distractedly.
Municipalities – Poorly maintained roads or malfunctioning traffic signals can contribute to accidents.
Third parties – Construction companies or property owners who create hazards on sidewalks or streets.
We investigate the accident thoroughly to identify all responsible parties and hold them accountable.
What Damages Can Pedestrian Accident Victims Recover?
Damages in pedestrian accident cases typically fall into two categories:
Economic damages – Medical bills, rehabilitation costs, lost wages, reduced earning capacity, property damage, and other out-of-pocket expenses.
Non-economic damages – Pain and suffering, emotional distress, loss of
enjoyment of life, and loss of companionship.
In cases involving gross negligence or reckless behavior, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. Our pedestrian accident attorneys work to assess all possible damages and present a comprehensive claim on behalf of our clients.
How Long Do You Have to File a Claim?
In Texas, pedestrian accident victims generally have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. Missing this deadline can bar your right to compensation. Exceptions may apply for minors or cases involving delayed discovery of injuries. We recommend consulting an attorney promptly to ensure all deadlines are met.
Proving Negligence in Pedestrian Accident Cases
What Do You Need to Prove?
To recover compensation, you must show that the driver or another party was negligent. This involves proving:
Duty of care – The defendant owed a duty to act reasonably to prevent harm (e.g., drivers must obey traffic laws).
Breach of duty – The defendant failed to act reasonably (e.g., speeding, not yielding at crosswalks).
Causation – The breach directly caused your injuries.
Damages – You suffered physical and financial losses as a result.
Our pedestrian injury attorneys gather evidence—such as accident reports, witness statements, surveillance footage, and medical records—to establish negligence. We collaborate with accident reconstruction experts to demonstrate how the accident occurred and why the defendant is at fault.
What Is Comparative Negligence?
Texas follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you were 20% responsible, your damages would be reduced by 20%. If you are more than 50% at fault, you cannot recover damages. We work to minimize any allegations of fault and maximize your recovery.
Speak With A Pedestrian Injury Attorney For Free
Dealing With Insurance Companies After a Pedestrian Accident
Why Are Insurance Companies Difficult to Deal With?
Insurance companies aim to minimize payouts. Common tactics include:
Offering low settlements – Insurers may quickly offer small amounts, hoping you’ll settle before understanding your injuries.
Delaying claims – Adjusters may drag out the process to pressure you into settling.
Questioning injuries – Insurers may argue your injuries are unrelated or pre-existing.
Requesting recorded statements – They may use your words against you to reduce liability.
Our pedestrian injury attorneys know these tactics and counter them effectively. We handle all communications and negotiations with insurers, ensuring your rights are protected.
How Can a Pedestrian Accident Attorney Help With Insurance Claims?
Assess your damages – Calculate present and future expenses to determine fair compensation.
Present a strong claim – Provide documentation that clearly shows the defendant’s liability.
Negotiate on your behalf – Use our experience to push for a fair settlement.
Litigate if necessary – If the insurer refuses to pay what you deserve, our trial lawyers will file a lawsuit and take the case to court.
Having an injury attorney on your side levels the playing field and increases your chances of obtaining full compensation.
Wrongful Death and Pedestrian Accidents
What Happens if a Pedestrian Accident Is Fatal?
Tragically, some pedestrian accidents result in death. Families may pursue a wrongful death claim to recover damages for:
Funeral and burial expenses – Costs for services, caskets, transportation, cremation, and cemetery arrangements.
Loss of financial support – Income the deceased would have provided.
Loss of companionship – Emotional support and guidance lost because of the death.
Mental anguish – Emotional pain and suffering experienced by family members.
Wrongful death claims differ from other personal injury claims and follow specific rules regarding who can file and what damages are available. Our firm guides families through the process and helps them seek justice after a fatal pedestrian accident.
Pedestrian Rights and Responsibilities
What Rights Do Pedestrians Have?
Pedestrians have the right to cross streets safely and expect drivers to exercise care. In Texas:
Crosswalks – Drivers must yield to pedestrians in crosswalks.
Sidewalks – When sidewalks are available, pedestrians should use them instead of walking on roadways.
No-sidewalk areas – Pedestrians should walk on the left side of the road facing oncoming traffic.
Traffic signals – Pedestrians must obey walk signals and traffic lights.
Knowing your rights helps you stay safe and supports your claim in the event of an accident.
Responsibilities of Pedestrians
Pedestrians also have responsibilities to prevent accidents. They should:
Obey traffic laws – Use crosswalks, abide by signals, and avoid jaywalking.
Stay alert – Avoid distractions like texting while crossing streets.
Make themselves visible – Wear bright or reflective clothing at night.
Avoid impairments – Alcohol or drugs can impair judgment and reaction time.
If a pedestrian contributes to the accident, comparative negligence rules may reduce compensation. Following these guidelines can help you avoid accidents and protect your rights.
How to Choose the Right Pedestrian Accident Lawyer
What Qualities Should You Look For?
Selecting the right lawyer can be daunting. Look for:
Experience in pedestrian accidents – Personal injury lawyers who understand pedestrian safety laws and common accident scenarios.
Resources – Access to medical experts, accident reconstructionists, investigators, and other personal injury resources.
Trial experience – While many cases settle, your lawyer should be ready to go to trial if necessary.
Communication – Clear, honest communication keeps you informed and reduces stress.
Contingency fee structure – You should pay nothing unless the lawyer recovers compensation for you.
During your free consultation, ask about the lawyer’s experience, past results, and approach to your case.
Why Choose Allbee Law Firm?
At Allbee Law Firm, we have years of experience representing victims of pedestrian accidents. We:
Listen to your story – We take the time to understand what happened and how it has affected your life.
Investigate thoroughly – Our team collects evidence, consults experts, and reconstructs the accident scene.
Handle insurance companies – We protect you from unfair tactics and push for fair settlements.
Prepare for trial – We build every case as if it might go to trial, which strengthens our negotiation position.
Provide compassionate support – We know you’re going through a tough time and offer guidance and care throughout the process.
Because we work on a contingency basis, you pay no fees unless we recover compensation for you.
Speak With a Pedestrian Accident Lawyer Today
If you’ve been injured in a pedestrian accident, contact Allbee Law Firm for a free consultation. We’ll explain your rights, evaluate your case, and help you pursue compensation for medical bills, lost wages, pain and suffering, and other losses.
Call (972) 848-4848 or contact us through our website to schedule your free consultation. Our experienced attorneys are dedicated to helping you recover and will fight to secure the compensation you deserve.
Frequently Asked Questions About Pedestrian Accidents
Do I Need a Lawyer After a Pedestrian Accident?
It’s possible to handle a claim on your own, but insurance companies have lawyers and adjusters trained to minimize payouts. Having an attorney helps you gather evidence, calculate damages accurately, and negotiate effectively. We offer a free case evaluation so you can determine if hiring a pedestrian accident lawyer is right for you.
How Long Does It Take to Settle a Pedestrian Accident Claim?
Every case is different. Simple cases may settle within a few months, while complex cases involving serious injuries or multiple defendants can take longer. Our goal is to resolve your case efficiently while ensuring you receive full compensation.
What If the Driver Who Hit Me Was Uninsured?
If the driver has no insurance or insufficient coverage, you may be able to recover compensation through your own auto policy’s uninsured motorist coverage. We examine all available insurance policies and explore other avenues for compensation, such as suing the driver personally.
Can I Recover Compensation If I Was Partly at Fault?
Yes, as long as you were not more than 50% at fault. Under the modified comparative negligence rule, your compensation is reduced by your percentage of fault. We work to minimize blame and maximize your recovery.
How Much Does a Pedestrian Accident Lawyer Cost?
Allbee Law Firm works on a contingency fee basis. You pay nothing up front and only pay if we recover compensation for you. During your free consultation, we explain our fees and address any questions you may have.