When it comes to personal injury law in Texas, pedestrian accident claims stand out for their complexity and unique legal considerations. While most personal injury cases share similarities—such as proving negligence and securing compensation—pedestrian accident cases often involve distinct legal hurdles and processes.
At Eric Ramos Law, PLLC,, we are committed to helping victims of pedestrian accidents navigate these challenges and pursue the compensation they deserve.
In this comprehensive guide, we will break down how pedestrian accident claims differ from other personal injury cases in Texas.
Understanding Pedestrian Accident Claims
A pedestrian accident occurs when a person on foot is injured by a motor vehicle, bicycle, or any other moving object. Pedestrians are highly vulnerable because they lack the physical protection of passengers inside vehicles.
Common causes of pedestrian accidents include:
- Distracted driving
- Speeding
- Failing to yield at crosswalks
- Driving under the influence
- Poor visibility or inadequate signage
In 2022 alone, the Texas Department of Transportation (TxDOT) reported over 5,700 pedestrian-related crashes, many resulting in serious injuries or fatalities (TxDOT Pedestrian Safety).
If you or a loved one has been injured in a pedestrian accident, speak with a knowledgeable San Antonio personal injury lawyer.
Key Differences Between Pedestrian Accident Claims and Other Personal Injury Cases
1. Liability and Fault Determination
In a typical car accident case, both parties are drivers, and determining fault often involves vehicle codes and traffic laws. In pedestrian accidents, the motorist is usually presumed to have a higher duty of care. However, pedestrians also have responsibilities to follow traffic signals and avoid sudden, unsafe crossings.
2. Higher Burden of Proof for Negligence
In Texas, to succeed in a pedestrian accident claim, the injured party must prove:
- Duty of care existed
- Duty of care was breached
- Causation (the breach directly caused the injury)
- Damages (medical bills, pain and suffering, lost wages)
If your case involves complex injuries, working with an attorney experienced in catastrophic injury claims can help.
3. Severity of Injuries and Compensation
Pedestrian accidents often result in:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Fractures and broken bones
- Internal injuries
Severe injuries may require long-term care, similar to what is seen in brain injury claims.
4. Insurance Coverage Disputes
Pedestrian accident claims often trigger complex insurance questions:
- The at-fault driver’s liability insurance
- Uninsured/underinsured motorist coverage (even from the pedestrian’s own policy)
- Health insurance coverage
Learn more about what to expect with the settlement negotiation process.
5. Modified Comparative Negligence in Texas
Texas follows a modified comparative negligence rule (51% rule). If a pedestrian is found to be 51% or more at fault for the accident, they are barred from recovering damages.
Example: If a pedestrian is found 20% at fault, their compensation will be reduced by 20%.
6. Statute of Limitations
In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident. Missing this deadline means losing your right to compensation.
7. Use of Surveillance and Evidence Collection
Pedestrian accident cases may rely more heavily on:
- Traffic camera footage
- Eyewitness testimony
- Police reports
- Vehicle black box data
An experienced attorney knows how to gather and leverage this evidence effectively.
Additional Subtopics to Consider
Pedestrian Rights in Texas
Pedestrians generally have the right of way at marked crosswalks and intersections. However, they are expected to exercise reasonable caution.
Common Defenses Raised by Drivers
- Alleging pedestrian was intoxicated
- Claiming pedestrian darted into traffic unexpectedly
- Asserting pedestrian ignored traffic signals
If your accident occurred near a workplace or involved heavy equipment, explore your rights with a San Antonio work injury lawyer.
Why Legal Representation Is Essential
Pedestrian accident victims face steep medical bills, long recovery periods, and high insurance resistance. A knowledgeable personal injury attorney can:
- Conduct thorough investigations
- Communicate with insurers
- Ensure compliance with deadlines
- Maximize potential settlements
To learn more about how our law firm has helped past clients, visit our case results.
Community and Government Resources
Victims can seek help from:
- TxDOT’s pedestrian safety programs (TxDOT Pedestrian Safety)
- Local advocacy groups promoting safe streets
Conclusion
Pedestrian accident claims in Texas present unique challenges compared to standard personal injury cases. From establishing fault to negotiating with insurers and understanding the full scope of damages, the process demands legal expertise. Eric Ramos Law, PLLC stands ready to help injured pedestrians in Texas protect their rights and pursue fair compensation.
If you or a loved one has been involved in a pedestrian accident, contact Eric Ramos Law, PLLC today for a free consultation.
Don’t wait until it’s too late. Speak with our experienced pedestrian accident attorneys by calling (210) 404-4878 or visiting https://ericramoslaw.com/.