What Are My Options if I Was Injured as a Pedestrian in TX?

If you were injured as a pedestrian, you may want to consider your legal options. Do not hesitate to reach out to our skilled San Angelo, Texas pedestrian accident lawyer to discuss the details of your case and the best course of action for you. By speaking with a dedicated legal team member who has a deep understanding of the law and the inner workings of pedestrian injury cases, you dramatically improve your chances of recovering the financial compensation you need to help you deal with the economic and non-economic damages you have sustained.

How Pedestrian Collisions Commonly Happen in Texas

Auto collisions affecting pedestrians can occur for several reasons, though generally, there is an individual to blame. While it’s true that both pedestrians and motorists have to follow the rules of the road, in most circumstances, these collisions are a result of negligent drivers.

Common Driver-Related Causes

• Taking eyes off the road (i.e., distracted driving)
• Driving while impaired by alcohol or drugs
• Speeding
• Failing to stop at stop signs
• Ignoring traffic lights or crosswalk signals
• Taking unsafe turns
• Failure to yield the right-of-way to pedestrians

Environmental and Roadway Factors

• Poorly marked or faded crosswalks
• Obstructed visibility (overgrown foliage, parked vehicles)
• Inadequate lighting
• Missing or obstructed traffic signs

Situations Where Pedestrians May Share Fault

• Crossing the road outside of designated crosswalks
• Entering the road when it is unsafe for an approaching vehicle to stop
• Ignoring traffic control signals at intersections

Common Injuries Sustained in Pedestrian Accidents

Pedestrians can undergo a broad range of injuries when struck by motor vehicles in Texas, with over 1,400 pedestrians suffering serious injuries and 773 suffering fatal injuries in 2024 alone.  This is because pedestrians do not have a physical barrier between themselves and the vehicle, so their bodies will absorb the full force of the impact. Unfortunately, however, if a pedestrian is struck hard, they may fall and sustain additional injuries when they hit the ground. In some instances, these injuries are permanent and significantly change the course of a person’s life. Some of the most commonly sustained injuries in pedestrian collisions include, but are not limited to, the following:

• Traumatic brain injuries
• Disfigurement or scarring
• Loss of limb
• Spinal injuries/paralysis
• Broken bones or sprains
• Lacerations
• Road rash

What To Do Immediately After Being Injured as a Pedestrian

Being struck by a vehicle while walking around in Tom Green County can be an incredibly overwhelming, traumatic, and stressful experience. However, it’s imperative to remain as calm as possible, as the steps you take at the scene can have a significant impact on the outcome of your case if you choose to pursue a personal injury claim against the negligent driver.

Immediate Actions to Protect Yourself

• Call 911 to request a police presence and emergency medical technicians at the scene
• Allow the EMTs to evaluate you, even if you feel okay or injuries seem minor
• Provide the requested information to law enforcement at the scene
• Take photos and videos of:
  • The damage to all vehicles involved
  • The location of the collision
  • Crosswalks
  • Traffic signs
  • Visibility conditions
  • Any road hazards or dangerous conditions
• Gather the contact information of witnesses
• Obtain a copy of the police report before leaving the scene

How To Obtain Compensation After A Pedestrian Injury

After sustaining an injury as a pedestrian, you will need to fulfill the burden of proof in your personal injury claim. Essentially, you must establish that you were injured as a result of someone else’s negligence, typically, in this case, another motorist.

What You Must Prove

In order to recover compensation in a personal injury claim, you’ll need to show that all four elements of negligence were present:

• The driver owed you a duty of care to operate their vehicle safely
• They breached that duty
• That breach directly caused your injuries
• You suffered damages as a result of the injuries you have suffered

Evidence Commonly Used in Pedestrian Injury Claims

• Traffic camera footage
• Witness testimony
• Medical documents
• Police reports
• Pictures of the incident

Types of Compensation Available to Injured Pedestrians

Being struck by a vehicle can result in a significant amount of injuries and subsequent damages. As such, it’s important to understand what compensation you may be eligible for. Generally, in a successful claim, you may be able to recover compensation for:

• Medical expenses
• Physical therapy or rehabilitation
• Property damage
• Lost wages
• Reduced or lost future earning capacity
• Pain and suffering
• Scarring or disfigurement
• Permanent disability

Statute of Limitations for Pedestrian Injury Claims in Texas

It is important to recognize that you must file your injury claim within two years of the date you were injured, in accordance with Texas’ statute of limitations. Failure to file a claim within this time frame will result in your case being dismissed, even if negligence and damages are apparent.

Contact Our Tom Green County, Texas Law Firm Today

If you have suffered injuries due to the negligence of another person, working with an experienced attorney with the Mathis Law Firm, PLLC, is in your best interest. Our firm understands how devastating it can be to endure injuries due to no fault of your own, which is why we are ready to fight for you. When you need help, contact us today to learn how we can represent you.