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Serving Texas & North Carolina

Houston Pedestrian Accident Attorney

Representing injured Pedestrians in Harris County & Throughout Texas

Two Young Girls Waiting To Cross The Road At A Crosswalk

While most people spend time walking every day—whether strolling through the neighborhood or simply crossing a parking lot to their cars—few think of the dangers of sharing space with motor vehicles. Unfortunately, thousands of Americans are injured and killed every year when they are struck by cars, trucks, and other automobiles while on foot. According to the Texas Department of Transportation, pedestrian accident fatalities have been on the rise in the state. In 2019, the latest year for which data are available, pedestrian fatalities rose by more than 5% from the previous year, with 660 deaths. 

For those who are injured or lose loved ones in devastating pedestrian-vehicle collisions, moving forward can be incredibly difficult. But at Payne Law Firm, we are prepared to fight for you and the justice you deserve. We firmly believe that you should not have to simply deal with the life-altering consequences of someone else’s negligent or wrongful conduct on your own, and our pedestrian accident attorneys in Houston can help you take legal action to seek fair compensation for your losses.

Our founding attorney, Jason E. Payne, is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction that earns him the right to be considered an expert in this area of law. He and our entire team can help you navigate the legal process and seek the full, fair recovery you are owed. We do not collect any attorney fees unless we recover compensation for you, so you have nothing to lose in discussing your potential case with a member of our legal team. 

Continue reading to learn more about filing a pedestrian accident claim in Harris County or anywhere in Texas, or contact us directly at (713) 999-4801 to schedule a free initial consultation. 

Does the Pedestrian Always Have the Right of Way? 

Simply put, pedestrians are no match for motor vehicles. When they are hit by passenger cars, SUVs, trucks, or even motorcycles, pedestrians are likely to sustain severe, life-threatening injuries—even when the crash is considered “minor.” Because of this, motorists are expected to yield to pedestrians and avoid causing accidents whenever possible. 

That being said, pedestrians also have a responsibility to act reasonably and follow the rules of the road. In some cases, this includes yielding the right of way to oncoming traffic. 

If you walk anywhere in Texas, it is important that you know and follow all applicable rules. Below, we have provided a brief outline of the state’s pedestrian laws: 

  • Pedestrians have the right of way when crossing in marked or unmarked crosswalks and/or on “walk” or green signals
  • Motorists must yield to pedestrians approaching on a sidewalk that crosses a driveway, entryway, exit point, alley, building, or private road
  • Pedestrians should wait to cross when at an intersection or designated crossing and there is a “do not walk,” “wait,” red light, or other similar signal
  • Pedestrians must yield to vehicles when crossing a street or roadway anywhere other than a marked or unmarked crosswalk
  • If a sidewalk is present, pedestrians must use it; pedestrians can only walk along the roadway when there is no sidewalk and should stay to the left or walk in the shoulder
  • Pedestrians must always use overhead bridges/crossings and pedestrian tunnels when they are available
  • Pedestrians should avoid suddenly leaving the curb/sidewalk or another place of safety and entering the roadway when there is not enough time for vehicles to yield
  • Pedestrians are not permitted to cross diagonally at intersections unless there are signs/signals explicitly permitting diagonal crossing
  • “Jaywalking,” or crossing outside a marked or unmarked crossing between two adjacent intersections with crosswalks is not legal in Texas

While pedestrians should act with reasonable caution when walking near or along roadways, motorists still have a responsibility to exercise “due care” to avoid hitting people on foot. Particularly, motorists should be extra aware of pedestrians who appear disoriented, confused, lost, impaired, intoxicated, or disabled. 

What is the Average Settlement for a Pedestrian Who Was Hit by a Car?

Like other types of personal injury lawsuits, in most cases your lawyer will attempt to recover compensation for damages including:

  • Pain & suffering
  • Medical costs
  • Lost income
  • Decreased earning capacity

In cases where the driver was acting in a particularly negligent manner (for example if they were breaking the law by driving while intoxicated) you may also be eligible for punitive damages. 

Who Is at Fault for a Pedestrian Accident? 

common causes of pedestrian accidents infographic

Texas is an at-fault state when it comes to motor vehicle accidents, including those involving collisions with pedestrians. As such, injured pedestrians must generally prove that another person or party was to blame for the accident if they wish to seek financial recovery for their damages. 

Proving fault for a pedestrian accident typically involves proving that a motorist was negligent or acted wrongfully. Some examples of this include: 

  • Using a cell phone/texting while driving
  • Distracted driving 
  • Speeding
  • Driving while intoxicated (DWI) 
  • Failing to yield the right of way
  • Running a red light or stop sign
  • Passing another vehicle stopped for a pedestrian
  • Failing to check for pedestrians before turning
  • Aggressive or reckless driving

In some cases, another party may be partially or wholly liable. For example, poor road design is one of the leading causes of pedestrian accidents. When entities fail to design, construct, or properly maintain safe roadways for pedestrians and vehicles alike, they can be held legally accountable.

What if I am Partially Responsible for My Accident?

Even if you were partially at fault for your accident and resulting injuries, that doesn't automatically mean that you can't recover compensation for your injuries. Texas follows a “comparative negligence” policy, which means that even if you were partially at fault for the pedestrian accident, as long as you were less than 51% responsible, you can still recover compensation. However, your settlement may be reduced by your own percentage of fault. For example, if the jury finds you to be 15% at fault for crossing the street illegally, your final settlement may be reduced by 15%. 

Schedule a Complimentary Case Evaluation Today 

Payne Law Firm is ready to fight for your rights and your recovery. With extensive experience in complex personal injury litigation and millions of dollars in compensation recovered, our firm has earned a reputation for providing dedicated, tireless legal representation for the injured and the families of those wrongfully killed in Harris County and beyond. 

Our founding attorney, Jason E. Payne, is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction that earns him the right to be considered an expert in this area of law. He and our entire team can help you navigate the legal process and seek the full, fair recovery you are owed. We do not collect any attorney fees unless we recover compensation for you, so you have nothing to lose in discussing your potential case with a member of our legal team. 

Give our pedestrian accident lawyers in Houston a call at (713) 999-4801 or contact us online today to request a free initial consultation.

Client Testimonials

  • I am very pleased with my experience, Falon was very helpful throughout my case and was able to put the most back into my pockets in a timely manner. I highly recommend choosing this law firm to take care of you the best way possible!
    - Chris W.
  • Payne Law Firm was invaluable in helping my family navigate the most difficult situation we had ever experienced. Mr. Payne and his entire staff were professional, responsive, and empathetic throughout the entire process.
    - Fatimar J.
  • My experience with "Payne Law Firm" was extraordinary! They were efficient, professional, and persistent. I have and will continue to recommend “Payne Law Firm” because you are treated like family!
    - Sheori S.
  • My experience at Payne Law Firm was very pleasant. I had no worries at all. He was there for everything I needed help with.
    - Gloria J.

How an Attorney at Payne Law Firm Can Help

Our Houston pedestrian accident attorneys can help you not only understand your options when it comes to filing a claim but also in regards to obtaining proper medical treatment, making up for lost income, and being compensated for your pain and suffering. We understand that pedestrian accident cases are often very complex, involving numerous factors and potentially liable parties. Because of this, we conduct thorough and exhaustive investigations to determine exactly what happened and, most importantly, who is to blame. We know how to fight back against insurance companies’ attempts to dispute or devalue claims, and we know what it takes to recover maximum compensation for our clients.

If you were injured or lost a loved one in a pedestrian accident, you should be focusing on healing and moving forward—not on how you will be able to keep up with massive medical bills and other unexpected expenses resulting from the accident. Allow our team to handle the details of your case and provide the personalized, compassionate, and attentive legal counsel you deserve. 

We strive to develop meaningful, lasting relationships with our clients. Our attorneys are always available to answer your questions and provide updates on the status of your case. We prioritize honest communication and strong attorney-client partnerships to provide our clients with the peace of mind and confidence they need. 

Contact our Houston pedestrian accident attorney online or by calling (713) 999-4801 today!

What Sets Us ApArt

serious lawyers for serious accidents
  • Client-Focused
    We will help you every step of the way, providing answers to your questions and continuing to update you on the status of your case.
  • A History of Success
    We have helped over a thousand injured individuals and families get the compensation they deserved.
  • Battle-Tested
    We not only understand the complexities of insurance companies but know how to fight them.
  • Full Transparency
    Our team knows the importance of your case and is committed to doing what is best for you.

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