What pedestrian accident victims are up against in Houston

Houston is one of the most dangerous cities in America for pedestrians. The city's sprawling layout, high speed limits, and car-centric infrastructure create conditions that put walkers at constant risk.

The injuries that result from pedestrian accidents are not minor. Unlike occupants of a vehicle, pedestrians absorb the full force of an impact with no protection whatsoever. Common injuries seen in pedestrian accident cases include:

• Traumatic brain injuries (TBI): ranging from concussions to severe and permanent cognitive impairment

• Spinal cord injuries: including partial or full paralysis

• Internal injuries: damage to organs, internal bleeding, and ruptured spleens or livers that may not be immediately apparent after impact

• Broken bones: fractures to the legs, arms, pelvis, and ribs are extremely common

• Road rash and soft tissue damage: lacerations, abrasions, and torn ligaments

• Amputations: loss of limbs due to traumatic impact or subsequent surgical necessity

• Permanent disability: injuries severe enough to affect a victim's ability to work, move, or live independently for the rest of their life

It is worth noting that internal injuries and traumatic brain injuries, in particular, may not produce obvious symptoms immediately following a crash. Adrenaline masks pain. Shock distorts perception. This is one of the most important reasons to seek medical attention as soon as possible after any pedestrian accident, even if you believe you are uninjured — and it is equally important to document everything from the moment the crash occurs.

Immediate steps after an accident for pedestrians

The actions you take in the minutes, hours, and days after being struck by a vehicle can have a significant impact on the strength of your pedestrian accident claim. Here's what to do:

1. Call 911. Get emergency medical services and law enforcement on the scene immediately. A police report is a foundational piece of evidence in any injury claim.

2. Accept medical treatment. Even if you feel fine, get checked out. Injuries like internal bleeding and brain trauma can worsen rapidly without treatment, and a gap in medical care can be used against you later.

3. Document the scene. If you are physically able to do so, photograph the accident location, the vehicle involved, your injuries, road conditions, any traffic signals or crosswalks nearby, and anything else relevant to how the crash occurred.

4. Get witness information. Names and phone numbers from anyone who saw the accident happen can be invaluable.

5. Exchange information with the driver. Get their name, contact information, driver's license number, license plate, and insurance information.

6. Do not give a statement to the insurance company. Not yet, and not without an attorney. Anything you say can and will be used to minimize your claim.

7. Contact a Houston personal injury lawyer immediately. Evidence disappears. Witnesses' memories fade. Surveillance footage gets overwritten. The sooner an attorney begins working on your case, the better protected you are.

Time is a factor in more ways than one. Under Texas law, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing that deadline almost always means losing your right to recover compensation entirely.

Texas traffic laws for pedestrians

Texas law is why pedestrian accident victims so often have strong legal claims against drivers. Under the Texas Transportation Code, drivers are required to yield to pedestrians in marked crosswalks and at intersections. Beyond crosswalks, drivers are required at all times to exercise due care to avoid collisions with pedestrians. Full stop.

Here is a summary of the key traffic laws that apply to pedestrian accident cases in Texas:

These laws establish the duty of care that negligent drivers breach when they strike pedestrians. Violating these statutes is not just a traffic infraction; in a civil claim, it is evidence of negligence. When a driver runs a red light, fails to yield at a crosswalk, drives while distracted, or speeds through a school zone and hits someone on foot, they have almost certainly violated one or more of these rules, and they should be held accountable.

Why modified comparative negligence matters for pedestrian accident claims

One of the most common tactics insurance companies use to minimize payouts on pedestrian accident claims is to argue that the pedestrian was partially at fault for the accident. Maybe you were jaywalking. Maybe you stepped off the curb without looking. Insurance adjusters are trained to find any angle that shifts blame onto the victim.

What they may not tell you is that under Texas modified comparative negligence rules, even if you were partially at fault for the crash, you can still recover compensation, as long as you were less than 51% responsible for the accident. Your total award would be reduced by your percentage of fault, but it would not be eliminated. For example, if a jury determines that you were 20% at fault and awards $500,000 in damages, you would receive $400,000.

Insurance companies will try to inflate your percentage of fault to reduce what they owe you, but we fight back. We investigate the crash, gather evidence, work with accident reconstruction experts, and build a case that accurately places responsibility where it belongs.

What compensation can you recover in a pedestrian accident case

A successful pedestrian accident case can result in compensation for both economic and non-economic damages. The specific value of any individual case depends on the severity of the injuries, the impact on the victim's life, and the strength of the evidence. Here is a breakdown of what damages may be available:

Economic damages

• Medical expenses, including past and future, including emergency care, hospitalization, surgeries, physical therapy, medications, assistive devices, and ongoing care for permanent disabilities

• Lost wages, including income lost during recovery

• Diminished earning capacity if your injuries prevent you from returning to your prior occupation or limit your ability to earn in the future

Non-economic damages

• Pain and suffering, or compensation for the physical pain and emotional distress caused by the accident and your injuries

• Loss of enjoyment of life if your injuries prevent you from engaging in activities you previously enjoyed

• Loss of consortium for spouses or family members impacted by the victim's injuries

In cases involving permanent disability, catastrophic injuries, or wrongful death, the damages at stake can be substantial. These cases require attorneys who are not afraid to take on large insurance companies and go to trial if necessary. We are those attorneys.

How we fight insurance company giants on your behalf

When an insurance company looks at your pedestrian accident claim, they see a number to minimize. Their adjusters are trained to find inconsistencies in your story, challenge the necessity of your medical treatment, and pressure you into accepting a fast, lowball settlement before you fully understand the extent of your injuries or your rights.

The team at Thiessen Law Firm knows every move they make before they make it, and we use that knowledge to cut through their games and maximize results for our clients. At We Fight Giants, here's what fighting for you looks like in a pedestrian accident case:

• Thorough investigation: We secure surveillance footage, police reports, witness statements, and traffic data before they disappear. We work with accident reconstruction experts when necessary to establish exactly how and why the crash occurred.

• Medical coordination: We help connect clients with the right medical providers to ensure injuries are properly documented and treated, which directly supports the value of your claim.

• Aggressive negotiation: We don't accept the insurance company's first offer, second offer, or third offer if it doesn't reflect what our clients deserve. We’re ready to take the insurance company to trial* if they don’t honor our clients’ needs.

• Trial-ready representation: Some firms settle everything because going to trial is hard. We treat every case as if it's going to a jury, because that preparation is what forces insurance companies to take us seriously at the negotiating table.

Our clients aren't case numbers. They're people whose lives have been turned upside down, and they deserve attorneys who treat it that way.

*Continue reading: Can you sue an insurance company?

The full spectrum of pedestrian accident injuries

Not all pedestrian accident cases are the same. Some involve serious but recoverable injuries. Others involve life-changing harm that will affect the victim for decades. The following cases require particular care and experience:

Catastrophic injury cases involve injuries severe enough to permanently alter the course of a person's life, including traumatic brain injuries, spinal cord injuries, amputations, and severe burns. These cases demand a thorough accounting of lifetime costs: future medical care, long-term physical therapy, home modifications, and lost earning capacity over an entire career. Our team handles catastrophic injury cases regularly and knows how to build a claim that reflects the true scope of what our clients have lost.

Wrongful death cases arise when a pedestrian accident claims a life. If you lost a family member in a pedestrian accident caused by a negligent driver, you may be entitled to compensation for funeral costs, loss of financial support, loss of companionship, and the emotional devastation of your loss. If you need a Houston wrongful death lawyer, our team is here to fight for you and your family during the most difficult time imaginable.

Pedestrian accidents that involve commercial vehicles, rideshare drivers, or government vehicles introduce additional layers of complexity, as do hit-and-run crashes. Whatever the circumstances of your accident, We Fight Giants has the experience to handle it.

Houston pedestrian accident lawyer FAQ

Why hire a pedestrian accident specialist?

Pedestrian accident cases involve specific Texas traffic laws, modified comparative negligence rules, and the particular challenges of going up against insurance companies with experienced defense teams — not to mention devastating injuries. A Houston personal injury lawyer who regularly handles these cases will know how to gather evidence quickly, counter fault-shifting tactics, and build a claim that accurately reflects both your current and future losses.

Will my pedestrian accident claim go to trial?

Most claims settle before trial, but the ones that settle for fair amounts almost always do so because the insurance company knows the attorney on the other side is prepared and willing to go to trial. We prepare every case as if it is going to a jury, because that's what creates leverage.

What if the driver who hit me was uninsured?

Texas law provides some pathways to recovery even when the at-fault driver lacks insurance, including uninsured motorist coverage under your own policy. We will review every potential source of compensation available in your case.

How long do I have to file a pedestrian accident claim in Texas?

Under Texas law, most personal injury claims must be filed within two years of the date of the accident. Wrongful death claims follow the same two-year deadline. Missing this deadline typically ends your right to compensation. Don't wait.

Injured in a pedestrian accident? Put a giant slayer in your corner.

You didn't ask to be here. A driver's negligence put you in this situation, and now you're dealing with injuries, medical bills, missed work, and an insurance company that is actively looking for reasons to pay you less than you deserve. That is not acceptable, and you don’t have to face it alone.

The Houston pedestrian accident lawyers at We Fight Giants were built for exactly this moment. We know how the insurance companies think, how they negotiate, and how they fight. We have recovered millions for injured Texans by refusing to back down and taking cases as far as they need to go. When you hire us, you get a team that treats your case like what it is: your life, your recovery, and your future.

Consultations are completely free, and we work on contingency, which means you owe us nothing unless and until we win for you. Don't wait to get started. Whether you need a Houston car accident lawyer or an attorney for a commercial truck accident, the attorneys at We Fight Giants are here to help. 

Get in touch with Thiessen Law Firm today at (713) 864-9000 or contact us online to get started.