The Importance of a Pedestrian Seeking Legal Advice After Being Struck by a Motor Vehicle in Texas

In a state as large and populated as Texas, pedestrian accidents are an unfortunate and all-too-common reality. Every year, thousands of pedestrians are struck by motor vehicles across the state, often resulting in severe injuries or fatalities. According to the Texas Department of Transportation (TxDOT), pedestrian-related crashes have steadily increased in recent years, highlighting the need for greater awareness and legal protection for those who travel on foot. If you are a pedestrian who has been hit by a vehicle, seeking legal advice is not just important—it is critical to securing your rights, obtaining fair compensation, and navigating the complex legal system that governs these incidents.

The Vulnerability of Pedestrians

Pedestrians are among the most vulnerable users of Texas roadways. Unlike drivers and passengers in motor vehicles, they have no physical protection against the force of a collision. As a result, pedestrian accidents frequently lead to catastrophic injuries such as:

• Traumatic brain injuries (TBI)

• Spinal cord injuries and paralysis

• Broken bones and fractures

• Internal bleeding

• Severe lacerations and disfigurement

• Long-term psychological trauma

Even in lower-speed collisions, pedestrians can suffer long-lasting effects that impact their ability to work, perform daily activities, or enjoy life. In the most tragic cases, pedestrian accidents result in wrongful death, leaving families devastated and facing uncertain futures.

Why Legal Advice is Essential After a Pedestrian Accident

Navigating the aftermath of a pedestrian accident can be confusing and overwhelming—especially when you’re injured. Insurance adjusters, medical bills, lost income, and physical pain create a situation where making informed decisions on your own becomes difficult. Consulting an experienced personal injury attorney can provide clarity and help you understand your rights under Texas law.

1. Understanding Texas Personal Injury Law

Texas follows a modified comparative fault rule. Under this rule, an injured person can still recover damages as long as they are 50% or less at fault for the accident. However, any compensation awarded is reduced by the percentage of fault assigned to the pedestrian. If a pedestrian is found to be more than 50% at fault, they are barred from receiving compensation.

Insurance companies often try to assign blame to pedestrians—claiming, for instance, that the pedestrian was jaywalking or not paying attention—to avoid paying full compensation. A skilled attorney can combat these tactics, collect evidence to establish the driver’s fault, and protect your legal rights.

2. Determining Liability and Collecting Evidence

Establishing liability in pedestrian accidents is often more complex than it appears. The driver may have been speeding, distracted, intoxicated, or violating traffic laws. In other cases, road conditions, poor signage, or malfunctioning traffic signals may have played a role.

An attorney will conduct a thorough investigation by:

• Reviewing the police report

• Gathering witness statements

• Analyzing surveillance or dashcam footage

• Consulting accident reconstruction experts

• Checking cell phone records or toxicology reports

Without legal guidance, you may miss critical opportunities to gather this evidence or fail to understand its significance.

3. Dealing with Insurance Companies

In pedestrian accidents, it is common for the driver’s insurance company to quickly contact the injured party. While they may appear sympathetic, their goal is often to minimize the payout. They may offer a low settlement or try to pressure you into making a statement that can be used against you later.

Having a personal injury attorney represent you means all communication with insurance companies goes through your lawyer. This not only protects you from saying something harmful to your case but also strengthens your negotiating position when seeking fair compensation.

4. Calculating the Full Value of Your Damages

The true cost of being struck by a vehicle goes beyond emergency room bills. You may face ongoing medical treatments, rehabilitation, therapy, and a loss of income—possibly permanently if your injuries prevent you from returning to work. There are also non-economic damages such as:

• Pain and suffering

• Mental anguish

• Loss of enjoyment of life

• Loss of companionship or consortium (in fatal cases)

An experienced lawyer will work with medical and financial experts to calculate the full scope of your damages—both current and future—to ensure you receive just compensation.

5. Meeting Deadlines and Legal Requirements

Texas has a strict statute of limitations for personal injury cases. In most pedestrian accident cases, you have two years from the date of the accident to file a lawsuit. If you miss this deadline, your claim is likely barred, and you will lose the right to recover any compensation.

An attorney will ensure all filings, notices, and deadlines are met. They will also help identify any exceptions to the statute of limitations (such as cases involving minors or government entities) that may apply.

Special Considerations for Pedestrian Accidents Involving Government Entities

If your accident occurred due to unsafe sidewalks, poorly marked crosswalks, malfunctioning traffic signals, or other hazardous infrastructure, a government entity (such as a city or municipality) may bear some responsibility. However, claims against government agencies involve unique procedures and much shorter filing deadlines—sometimes as little as six months.

In these cases, legal representation is especially crucial. Your attorney will know how to file the required notices of claim, comply with procedural requirements, and pursue damages appropriately.

Emotional and Psychological Impact

In addition to physical injuries, many pedestrians suffer lasting emotional effects after an accident. Common psychological injuries include:

• Post-Traumatic Stress Disorder (PTSD)

• Depression and anxiety

• Sleep disturbances

• Fear of walking near traffic

These mental and emotional effects can interfere with your ability to work, socialize, and enjoy life. A personal injury lawyer will ensure that these intangible damages are accounted for and properly documented through medical or psychological evaluations.

Helping You Focus on Recovery

Perhaps one of the most overlooked benefits of hiring a lawyer after a pedestrian accident is the peace of mind it provides. You can focus on your recovery, medical appointments, and rebuilding your life while your attorney handles the legal legwork—investigating the case, communicating with insurers, filing documents, and advocating for your best interests every step of the way.

Conclusion

Getting struck by a motor vehicle as a pedestrian is a traumatic, life-altering experience. In Texas, where traffic laws and liability rules can be complex, it is absolutely essential to seek legal advice as soon as possible after an accident. An experienced personal injury attorney will protect your rights, help you navigate the legal system, and fight for the compensation you need to heal and move forward.

If you or a loved one has been injured in a pedestrian accident in Texas, don’t wait. Time is limited, evidence can disappear, and insurance companies are already working to protect their interests. Take control of your future by reaching out to Hazen Law Firm for a free consultation and get started on the road to recovery and compensation today.