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Pedestrian Accidents
Attorney in Dallas, Texas

When drivers are negligent, reckless, or aggressive, pedestrians are often exposed to accidents, injuries, or harm. Unfortunately, the limited protection between automobiles and pedestrians often makes pedestrian accidents even more serious. If you or a loved one was hurt in a pedestrian accident caused by a negligent party, you may seek fair financial compensation by filing an injury claim.

At M Mathew Law Firm, PLLC, I have devoted my career to providing compassionate and knowledgeable legal services to pedestrian accident victims and their families. As a skilled Texas personal injury attorney, I can review every detail of your case, conduct a thorough investigation, and help you explore your available legal options to recover damages. I’m ready to protect your rights and help you seek the financial justice you deserve.

My firm is proud to represent clients across Dallas, Texas, and surrounding areas of Richardson, Farmers Branch, Grand Prairie, Irving, Lewisville, Garland, and the rest of the state.

After a Pedestrian Accident

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Determining Liability

Texas is an "at-fault" auto insurance state. This means that the party responsible for the pedestrian accident (the at-fault party) will hold financial liability for medical expenses, property damages, and other accident-related costs suffered by the injured persons. A Texas personal injury attorney can evaluate all the details of your unique circumstances and enlighten you about the laws affecting pedestrians in the state.

Right of Way Rules

Understanding the right-of-way rules in Texas is critical to avoiding or mitigating traffic crashes. Here are some Texas right-of-way rules affecting pedestrians:

Pedestrians have the right-of-way when crossing the street, and the traffic light turns red.
Pedestrians have the right-of-way at green lights when there is no "walk" signal.
Pedestrians have a right-of-way when crossing roads.
For safety reasons, drivers must always give the right of way to pedestrians.

Pedestrian Responsibilities

Here are some laws that apply to pedestrians in Texas:

Pedestrians must yield to vehicles.
Pedestrians must observe traffic signals and crosswalk signs.
Pedestrians should only cross the road in a marked crosswalk.
Pedestrians should never assume that a motorist sees them or the traffic will stop for them.
A pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of an oncoming vehicle.
Pedestrians may not walk along or on a roadway if an adjacent sidewalk is provided and is accessible.
Pedestrians must yield the right-of-way to motor vehicles when crossing the road at a place other than in a crosswalk.
A pedestrian may not cross a roadway in the direction of a "Wait" or a "Don't Walk" signal.

Driver's Responsibilities

Texas drivers owe a duty of care to other road users, including drivers and pedestrians. Here are some responsibilities of Texas drivers:

Drivers must give a warning by sounding the horn when necessary.
Drivers must exercise due care to avoid hitting a pedestrian on the roadway.
Drivers must exercise right-of-way to the pedestrian on the half of the roadway.
In the absence of traffic control signals, drivers must yield the right-of-way to pedestrians crossing the roadway in a crosswalk.

Any driver who fails to exercise due care and causes a pedestrian accident might be found negligent and held responsible.

Fault Determination

In order to recover damages in your pedestrian accident claim, you must prove fault by showing the following elements:

The at-fault party owed you a legal duty of care.
The at-fault party breached the duty of care owed.
The at-fault party's careless or negligent actions caused your injuries.
You suffered actual harm, bodily injuries, or the death of someone from the accident.

An experienced attorney can help prove fault, establish liability, and determine the number of damages you might be able to recover.

Modified Comparative Fault in Texas

Texas follows the modified comparative negligence rule, with a 51% bar. According to this principle, you may be able to recover damages for your injuries if the other party was mostly (51% or more) responsible for the pedestrian accident. However, the amount of damages that you may recover will be reduced by your degree of fault. Under Texas's modified comparative negligence system, you will be barred from seeking damages if you were 51% or more at fault for the accident.

Damages Available

The following damages might be available for victims of pedestrian accidents in Texas:

Medical expenses, including future medical treatment
Lost income or wages and other benefits
Damaged property replacement or repair
Reduced earning capacity
Disability expenses
Compensation for physical pain and suffering
Mental anguish or emotional distress
Legal or attorney fees
Punitive damages to serve as an additional punishment to the defendant
Wrongful death damages, where applicable

A skilled attorney can review your particular case and make sure you file your pedestrian accident claim within the specified time limit.

Statute of Limitations

The statute of limitations for personal injury cases, including pedestrian accidents, in Texas, is two years from the date of the accident. This means that claimants (pedestrian accident victims) must bring an action to seek damages for their injuries within two years of the date the pedestrian accident or injury occurred.

How Legal Counsel Can Help

Being involved in a pedestrian accident can be a devastating experience, affecting you financially, physically, and mentally. However, you don't have to suffer the financial liability and pain alone. When involved in a negligent pedestrian accident, it is imperative that you act quickly and retain a knowledgeable personal injury lawyer to advocate for your rights and explore your options to recover damages.

At M Mathew Law Firm, PLLC, I'm ready to guide, support, and represent clients in their pedestrian accident claims. Using my knowledge of Texas laws addressing liability in personal injury cases involving pedestrian accidents, I can guide you through the often-complicated claims process. I will fight compassionately to advocate for your best interests and help you seek fair financial compensation to cover your injuries, pain and suffering, and other potential damages.