Texas Pedestrian Accidents
Every year, thousands of pedestrians are injured on Texas roads, often in preventable accidents. At the Law Office of Shane McClelland, we’re dedicated to helping injured pedestrians understand their legal options and pursue the compensation they deserve.
If you’ve been the victim of a pedestrian accident, call us today at (713) 597-4836 for a free consultation.
Are Drivers Always at Fault in Pedestrian Accidents?
While drivers are often responsible for pedestrian accidents because of speeding, distracted driving, or failing to yield, pedestrians can also be found partially or fully at fault. For example, if a pedestrian is outside of a crosswalk boundary or disregards traffic signals, they could share a percentage of liability.
Texas has a modified comparative negligence rule, meaning your compensation could be reduced if you’re found to be partially at fault. Determining fault requires an investigation of the facts, including witness statements, traffic camera footage, and police reports.
How Does Distracted Driving Contribute to Pedestrian Accidents?
Distracted driving is a major factor in pedestrian accidents across Texas. When drivers take their eyes off the road—even for a few seconds such as sending a text, adjusting the radio, or checking a GPS—drivers may fail to notice pedestrians crossing the street or walking along the shoulder. These split-second distractions can lead to devastating consequences. Distracted driving is considered negligent behavior. Injured pedestrians may have the right to pursue compensation.
Can I Still Recover Compensation If I Was Jaywalking?
Yes, you could still be eligible for compensation even if you were jaywalking at the time of the accident. Under Texas law, liability is determined based on comparative negligence. This means both the driver and the pedestrian may share fault. If you’re found to be less than 51% at fault, you can still recover damages, though your compensation could be reduced by your percentage of fault. For example, if you’re found to be 30% responsible, your total compensation would be reduced by 30%.
What Kind of Compensation Can Injured Pedestrians Receive in Texas?
Injured pedestrians in Texas may be entitled to various forms of compensation depending on the severity of their injuries and the circumstances of the accident. Common recoverable damages include medical expenses, lost wages, future medical care, pain and suffering, and emotional distress.
In some cases, punitive damages could also be awarded if the driver’s conduct was especially reckless or egregious, for example, driving under the influence or fleeing the scene. A knowledgeable pedestrian accident attorney can help gather the necessary evidence, calculate the full extent of your damages, and negotiate with insurance companies or, if necessary, file a claim.
Don’t Delay
If you’ve been injured in a pedestrian accident, you shouldn’t have to face the legal and financial challenges alone. The Law Office of Shane McClelland is committed to helping accident victims throughout Texas seek justice and the full compensation they’re owed.
We’ll evaluate your case, explain your rights, and guide you through every step of the process. Don’t wait—evidence may disappear and deadlines may fly by.
Call us today at (713) 597-4836 for a free, no-obligation consultation and take the first step toward protecting your future.
