Houston Pedestrian Accident Lawyer

A pedestrian has almost no protection when struck by a moving vehicle. The first impact may cause serious injuries, and the person can suffer additional trauma when thrown onto the pavement or into another vehicle or object. Even a collision that happens on a neighborhood street can result in broken bones, head injuries, spinal damage, internal injuries, and months of medical treatment.

In Houston, pedestrians share roads with heavy commuter traffic, commercial vehicles, rideshare drivers, and delivery vehicles. Crashes can happen while someone is crossing an intersection, walking through a parking lot, using a sidewalk, or simply getting to work, school, a bus stop, restaurant, or store.

If a driver injured you or someone in your family, a Houston pedestrian accident lawyer at Pierce Skrabanek will investigate how the collision happened, determine who was responsible, and pursue compensation for the losses you have suffered.

Contact Pierce Skrabanek or call (832) 583-1862 for a free consultation about your pedestrian accident.

Where Do Pedestrian Accidents Happen in Houston?

Houston's size and traffic create many places where pedestrians and vehicles cross paths. A serious collision does not have to happen on a freeway or involve a vehicle traveling at highway speed.

Pedestrians may be struck:

• In marked or unmarked crosswalks
• At intersections while crossing with a traffic signal
• Along streets without adequate sidewalks
• While walking through parking lots and garages
• Near schools and school bus stops
• Near METRO bus stops and transit areas
• In apartment and shopping-center parking lots
• While entering or leaving businesses
• On sidewalks when a vehicle leaves the roadway
• Along busy commercial corridors

Houston's Vision Zero program has identified a High Injury Network consisting of streets where serious and fatal traffic crashes are concentrated. The city's pedestrian High Injury Network specifically tracks roadways associated with pedestrian deaths and serious injuries.

Where the collision happened may become important when investigating fault. Traffic signals, crosswalk markings, lighting, sight lines, nearby businesses, surveillance cameras, and the design of the intersection can all provide information about what the driver and pedestrian encountered immediately before impact.

What Causes Pedestrian Accidents in Houston?

A driver may have only seconds to respond when approaching someone in or near the roadway. Speed, distraction, impairment, and failure to watch for pedestrians can turn those seconds into a serious collision.

Common causes include:

• Distracted driving: Looking at a phone, navigation system, text message, or another distraction can prevent a driver from seeing a pedestrian until it is too late.
• Failure to yield: Drivers may proceed through an intersection or make a turn without yielding to someone crossing the roadway.
• Speeding: Higher speeds give drivers less time to react and can increase the severity of injuries when a collision occurs.
• Impaired driving: Alcohol and drugs can affect judgment, vision, reaction time, and the ability to recognize pedestrians.
• Unsafe turns: A driver watching for approaching vehicles may fail to see someone walking through the crosswalk during a right or left turn.
• Backing accidents: Drivers leaving parking spaces, driveways, garages, and other areas may strike pedestrians behind their vehicles.
• Poor visibility: Darkness, rain, glare, and other conditions require drivers to adjust their speed and attention to conditions.
• Running traffic signals or stop signs: A pedestrian who enters an intersection with the signal may be struck by a driver who fails to stop.

Pedestrian collisions also happen outside intersections. A vehicle may jump a curb, strike someone walking through a parking lot, or hit a person standing beside a disabled vehicle.

What Responsibilities Do Drivers and Pedestrians Have in Texas?

Texas law establishes rules for both drivers and pedestrians. Responsibility for a collision depends on what each person was doing and which traffic rules applied at that location.

Under Texas Transportation Code § 552.003, a vehicle operator must stop and yield the right of way to a pedestrian crossing in a crosswalk when there is no traffic control signal in operation under circumstances specified by the statute. Texas law also prohibits a driver approaching from the rear from passing another vehicle that has stopped at a crosswalk to allow a pedestrian to cross.

Pedestrians have responsibilities as well. They must obey applicable traffic-control signals, and Texas law sets specific rules for crossing outside a marked or unmarked crosswalk.

Those rules are important evidence, but determining civil responsibility may require more than identifying who received a citation. A Houston pedestrian accident attorney may examine the traffic signal sequence, witness statements, video, vehicle speed, visibility, road markings, and each person's actions before the collision.

What If I Was Hit Outside a Crosswalk?

Being outside a marked crosswalk does not automatically answer who was responsible for a pedestrian collision.

Texas law generally requires a pedestrian crossing somewhere other than within a marked or unmarked crosswalk at an intersection to yield the right of way to vehicles on the highway. It also prohibits pedestrians from suddenly leaving a curb or other place of safety and entering a crosswalk in the path of a vehicle so close that the driver cannot safely stop and yield.

At the same time, drivers still have duties when pedestrians are present. The facts surrounding the collision need to be examined rather than assuming that the pedestrian's location resolves the claim.

Texas uses a proportionate-responsibility system. If you are assigned some responsibility for an accident, your damages may be reduced by your percentage of responsibility. Texas law bars recovery when a claimant's percentage of responsibility is greater than 50%.

For example, an insurer might argue that you crossed outside a crosswalk. Evidence could also show that the driver was speeding, distracted, impaired, or had enough time to see you and respond. Both sets of facts may be relevant when responsibility is allocated.

What Injuries Can a Pedestrian Accident Cause?

A pedestrian may be injured during the initial vehicle impact and again when hitting the road, hood, windshield, or another object. The location and severity of the injuries can vary with vehicle speed, the pedestrian's position, the type of vehicle, and how the collision occurred.

Serious pedestrian injuries include:

• Traumatic brain injuries: A blow to the head or violent movement of the brain inside the skull can cause a concussion or more severe TBI. Serious cases may involve memory problems, cognitive impairment, personality changes, mobility limitations, or long-term care needs.
• Spinal cord and back injuries: Damage to the spinal cord may cause partial or complete paralysis, while other back injuries can result in chronic pain and physical limitations.
• Leg, hip, and pelvic injuries: The bumper or front of a vehicle frequently strikes the lower body first, causing fractures and other orthopedic injuries.
• Broken bones: Arms, wrists, ribs, shoulders, and other bones may fracture during the vehicle impact or subsequent fall.
• Internal injuries: Trauma to the chest or abdomen may damage internal organs or cause internal bleeding.
• Lacerations and road rash: Contact with broken glass, the vehicle, or pavement can cause significant wounds and scarring.
• Fatal injuries: When a pedestrian dies from crash-related injuries, eligible family members may have rights under Texas wrongful death law.

The effects of a brain injury may take time to become clear. Problems with memory, concentration, balance, mood, or other functions can develop or become more noticeable after the initial medical evaluation. When a collision causes significant head trauma, a Houston TBI lawyer may work with medical records, neurological evaluations, rehabilitation evidence, and information about changes in the injured person's ability to work and function independently.

How Is Fault Determined After a Houston Pedestrian Accident?

Fault is based on what caused the collision, not simply on the fact that a vehicle struck a pedestrian. The investigation may begin with the crash report, but the police officer's account is only one source of information.

Questions may include:

• Did the driver have a red or green light?
• Was the pedestrian in a marked or unmarked crosswalk?
• Which direction was the driver turning?
• How fast was the vehicle traveling?
• Was the driver using a phone?
• Was alcohol or drug impairment suspected?
• Could the driver see the pedestrian before impact?
• Were streetlights or other lighting working?
• Did parked vehicles, construction, landscaping, or another obstruction affect visibility?
• Were there witnesses or cameras nearby?

The answers may establish driver negligence or reveal that more than one party contributed to the collision.

A commercial vehicle creates additional questions. If a delivery driver, company employee, truck driver, or other worker was driving at the time, the driver's employer and available commercial insurance coverage may need to be investigated as well.

What Evidence Helps Prove a Pedestrian Accident?

Pedestrian crashes can happen in seconds, but evidence from those few seconds may exist in several places. Finding it becomes especially important when the driver and injured pedestrian give different accounts of what happened.

Useful evidence may include:

• Traffic and surveillance video: Intersection cameras, businesses, apartment complexes, parking facilities, and nearby homes may have recorded the collision or the moments before it.
• Witness statements: Someone waiting at an intersection, driving nearby, or standing outside a business may have seen the pedestrian, vehicle, traffic signal, or driver's actions.
• Vehicle evidence: Damage location, braking information, event data, and other physical evidence may help reconstruct the collision.
• Cell phone records: When distracted driving is suspected, records may provide information about phone activity around the time of impact.
• Photographs: Images of the scene can preserve crosswalk markings, signs, lighting, vehicle damage, debris, and visibility conditions.
• Medical records: Treatment records connect the collision to the injuries and document diagnoses, procedures, rehabilitation, and continuing medical needs.
• Employment and financial records: Pay information and employment records may establish time missed from work and other income losses.

Surveillance footage can disappear quickly. Businesses and property owners may routinely overwrite recordings, so footage showing the collision or the moments leading up to it should be identified and preserved as soon as possible.

The Houston pedestrian accident lawyers at Pierce Skrabanek investigate evidence from the crash itself as well as the medical and financial evidence needed to show how the injuries affected your life.

You may hear from an insurance adjuster before you know the extent of your injuries or have seen all of the evidence. You do not have to accept the insurer's assessment of fault or the value of your claim.

Pierce Skrabanek represents injured pedestrians throughout Houston and investigates the evidence behind serious and fatal crashes. Contact us or call (832) 583-1862 for a free consultation.

What Should I Do After a Pedestrian Accident in Houston?

The aftermath of a pedestrian crash can be chaotic, particularly when you are injured badly enough to be taken directly to the hospital. Your health comes first, and there may be steps you or a family member can take afterward to preserve information about what happened.

After a pedestrian accident:

• Get medical care. Injuries involving the brain, spine, internal organs, or fractures may require emergency treatment and continued follow-up care. Keep your appointments and tell your providers about new or worsening symptoms.
• Make sure the crash is reported. The responding law enforcement agency may document the driver, vehicle, insurance information, witnesses, and circumstances surrounding the collision.
• Save photographs and video. Keep anything showing the scene, your injuries, vehicle damage, crosswalks, traffic signals, lighting, or other conditions.
• Get witness information. A witness may have seen which person had the light, how fast the vehicle was traveling, or whether the driver appeared distracted.
• Keep your medical and financial records. Bills, receipts, wage information, insurance correspondence, and other documents may become important when calculating your losses.
• Write down what you remember. Details about your route, the traffic signal, where you were walking, and what you saw before impact may become harder to recall months later.

You may not be physically able to gather evidence at the scene, and you should not jeopardize your health trying to do so. Other sources of evidence may still be available after you receive medical treatment.

What Should I Avoid During a Pedestrian Accident Claim?

An insurance adjuster may contact you before you have finished treatment or know how the injuries will affect your work and daily life. Decisions made during this period can affect the claim later.

Be cautious about:

• Giving a recorded statement without understanding why it is being requested. Questions about where you were walking, what you saw, or whether you could have avoided the vehicle may be used in a dispute over fault.
• Signing broad medical authorizations. An insurer may request access to medical information that extends beyond treatment related to the pedestrian accident.
• Accepting an early settlement. A settlement may arrive before doctors know whether you will need surgery, rehabilitation, additional treatment, or time away from work.
• Posting about the accident or your recovery on social media. Photos, videos, comments, and activity posts may be reviewed by an insurer or defense attorney.
• Ignoring follow-up treatment. Gaps in care may affect your health and may also lead an insurer to question the severity or duration of your injuries.
• Assuming the insurer's fault decision is final. An adjuster's conclusion about responsibility does not prevent other evidence from being investigated.

A Houston pedestrian accident attorney at Pierce Skrabanek can communicate with insurers and evaluate requests for statements, records, and settlement discussions while you continue your medical treatment.

How Do I File a Pedestrian Accident Claim in Houston?

A pedestrian injury claim usually begins with identifying the driver and applicable insurance coverage. The process may become more involved when the driver was working at the time, multiple vehicles were involved, or another company shares responsibility.

The claim may involve:

1. Investigating the collision. Evidence is gathered to determine how the crash happened and identify the responsible parties.
2. Identifying insurance coverage. This may include the driver's policy and, in some cases, commercial, employer, or other applicable coverage.
3. Documenting your injuries. Medical records establish your diagnosis, treatment, limitations, and expected future care.
4. Calculating your losses. Medical expenses, lost income, reduced earning capacity, pain, impairment, and future needs may be included.
5. Presenting the claim. Evidence of liability and damages is submitted to the appropriate insurer or parties.
6. Negotiating a resolution. The parties may attempt to settle the claim without a trial.
7. Filing a lawsuit when necessary. Litigation may be appropriate when liability is disputed or the parties cannot agree on fair compensation.

Texas generally gives an injured person two years from the date of the accident to file a personal injury lawsuit. Different deadlines or exceptions may apply in specific circumstances, so the filing period should be evaluated based on the facts of the case.

The work of a Houston pedestrian accident attorney may begin well before a lawsuit is filed. Preserving video, locating witnesses, investigating insurance coverage, and documenting injuries do not need to wait until settlement negotiations begin.

What Compensation Is Available After a Pedestrian Accident?

A serious pedestrian injury may affect your finances in several directions at once. Medical bills arrive while an injury may also prevent you from working, driving, caring for children, or handling responsibilities you managed before the collision.

A claim may seek compensation for:

• Medical expenses: Emergency transportation, hospitalization, surgery, medication, diagnostic testing, rehabilitation, therapy, and other necessary care.
• Future medical treatment: Permanent or serious injuries may require additional surgery, rehabilitation, medical equipment, specialist treatment, or personal assistance.
• Lost income: Time spent recovering from the accident may keep you away from work.
• Reduced earning capacity: A permanent physical or cognitive impairment may limit your ability to return to your previous occupation or earn the same income.
• Pain and suffering: Texas personal injury damages may account for physical pain, mental anguish, impairment, and other non-economic losses.
• Disfigurement: Scarring, amputation, and other permanent physical changes may support additional damages.
• Wrongful death damages: When a pedestrian is killed, eligible surviving family members may have a claim for losses recognized under Texas wrongful death law.

A broken leg that heals after treatment creates a different set of losses than a spinal cord injury requiring lifelong assistance. Compensation should be evaluated against what the injury has actually changed for you rather than reduced to the amount of your current medical bills.

What Happens When a Pedestrian Injury Changes Your Ability to Work?

Returning to work after a serious pedestrian accident is not always as straightforward as waiting for a doctor to release you. A construction worker with permanent leg or spinal injuries may no longer be able to perform physical labor. Someone with a traumatic brain injury may return to an office but struggle with concentration, memory, communication, or fatigue.

Establishing lost earning capacity may require more than showing your previous paychecks. Employment history, medical restrictions, education, occupational skills, and expert analysis may be used to determine how an injury has affected your future ability to earn income.

This becomes especially significant for younger people who face decades of reduced earnings after a permanent injury.

How Does Pierce Skrabanek Handle a Pedestrian Accident Case?

Pedestrian cases require evidence addressing both sides of the claim: why the driver or another party was responsible and how seriously the collision injured you.

The Houston pedestrian accident attorneys at Pierce Skrabanek investigate serious injury claims by obtaining available crash evidence, reviewing insurance coverage, documenting medical treatment and financial losses, consulting appropriate experts, negotiating with insurers, and preparing cases for trial when necessary.

The firm also handles catastrophic injury cases involving complex medical evidence. That experience matters when a pedestrian suffers a TBI, spinal cord injury, permanent orthopedic damage, or another condition that may require substantial future care.

Choosing a Houston pedestrian accident law firm with experience handling significant injury litigation also means the value of the case is not based solely on an insurer's initial assessment. Pierce Skrabanek evaluates the evidence, the extent of the injuries, and the losses created by the collision before determining how to pursue the claim.

“My experience with Mr. Skrabanek was honestly far better than all expectations that we had. He took care of us like we were family, making sure me and my wife always felt like a priority and walked us through all of the concerns that we had. If you are looking for a professional who truly cares for his clients you can stop the search. You won’t be disappointed.” 

— Daryl M., Client of Pierce Skrabanek