When you’re struck by a vehicle while walking, biking, or crossing the street, the injuries can be catastrophic. Pedestrians have no protection against the force of a moving car, truck, or motorcycle, and even low-speed collisions can result in broken bones, spinal cord damage, or traumatic brain injuries. At Byrd Davis Alden & Henrichson, LLP, our Austin personal injury lawyers understand the unique challenges these cases present and fight to hold negligent drivers accountable for the harm they cause.
Texas law requires drivers to yield the right-of-way to pedestrians in crosswalks and exercise reasonable care to avoid striking people on foot. When a driver fails to meet this standard through distraction, speeding, or disregard for traffic signals, they can be held liable for the resulting injuries. Our firm has secured significant compensation for pedestrians injured in Austin and throughout Texas, including cases involving severe orthopedic injuries, permanent disabilities, and wrongful death.
Common Causes of Pedestrian Accidents
Driver negligence creates most pedestrian accidents in Texas. Distracted driving remains one of the leading causes, as motorists texting, adjusting navigation systems, or engaging with passengers fail to notice people crossing streets or walking along roadways. Failure to yield at crosswalks and intersections accounts for a substantial portion of pedestrian collisions, particularly when drivers make right turns on red lights without checking for crossing pedestrians.
Speeding significantly increases both the likelihood and severity of pedestrian accidents. A vehicle traveling at 40 miles per hour has nearly double the stopping distance of one moving at 25 miles per hour, reducing a driver’s ability to react when someone steps into the roadway. Impaired driving also contributes to pedestrian injuries, as alcohol and drugs slow reaction times and impair judgment.
Poor visibility conditions create dangerous situations for pedestrians, especially during early morning and evening hours when natural light is limited. Drivers who fail to use headlights appropriately or who don’t adjust their speed for weather conditions put pedestrians at risk. Some accidents occur in parking lots and residential areas where drivers back out of driveways or parking spaces without checking for pedestrians behind their vehicles.
Injuries Sustained in Pedestrian Accidents
The human body can’t withstand the force of a vehicle impact, and pedestrian accident victims often suffer multiple serious injuries in a single collision. Traumatic brain injuries occur when the pedestrian’s head strikes the vehicle or pavement, potentially causing cognitive impairment, memory loss, or personality changes that affect the victim for the rest of their life. Spinal cord injuries can result in partial or complete paralysis, requiring extensive medical care and lifelong accommodations.
Broken bones are nearly universal in serious pedestrian accidents, with leg and hip fractures being particularly common. These injuries may require multiple surgeries, prolonged physical therapy, and can lead to permanent mobility limitations. Internal organ damage from blunt force trauma can be life-threatening and may not become apparent until hours or days after the accident.
Soft tissue injuries, including severe road rash, ligament tears, and muscle damage, cause significant pain and may require reconstructive surgery. Many pedestrian accident victims also experience psychological trauma, developing anxiety, depression, or post-traumatic stress disorder that affects their ability to work and engage in daily activities. The combination of physical and emotional injuries often results in hundreds of thousands or even millions of dollars in medical expenses and lost income.
Establishing Liability in Pedestrian Accident Cases
Proving a driver’s negligence requires demonstrating that they breached their duty of care and that this breach directly caused the pedestrian’s injuries. At Byrd Davis Alden & Henrichson, LLP, we begin by thoroughly investigating the accident scene, obtaining police reports, and interviewing witnesses who saw what happened. Surveillance footage from nearby businesses or traffic cameras often provides crucial evidence of how the collision occurred.
Our pedestrian accident lawyers work with accident reconstruction experts who analyze physical evidence like skid marks, vehicle damage, and debris patterns to determine the driver’s speed and actions before impact. Cell phone records can reveal whether the driver was texting or on a call at the time of the accident. Medical records documenting your injuries create a clear link between the accident and the harm you suffered.
Texas follows a modified comparative negligence rule, meaning you can recover compensation even if you were partially at fault, as long as your percentage of fault doesn’t exceed 50 percent. Insurance companies often try to shift blame to pedestrians by claiming they crossed outside a crosswalk or weren’t paying attention. Our Austin pedestrian accident attorneys anticipate these arguments and build strong cases that focus on the driver’s violations and failures that caused the accident.
Compensation Available in Pedestrian Accident Claims
Pedestrian accident victims in Texas can pursue compensation for both economic and non-economic damages resulting from their injuries. Economic damages include all measurable financial losses like medical bills, rehabilitation costs, prescription medications, and assistive devices such as wheelchairs or prosthetics. Future medical expenses are also recoverable, which is particularly important when injuries require ongoing treatment or long-term care.
Lost wages encompass income you couldn’t earn while recovering from your injuries, and if your injuries prevent you from returning to your previous occupation, you may recover compensation for diminished earning capacity. Property damage to items like eyeglasses, clothing, or electronic devices destroyed in the accident can also be claimed.
Non-economic damages address the intangible ways the accident has affected your life. Pain and suffering compensation accounts for physical discomfort and emotional distress caused by your injuries. Loss of enjoyment of life damages recognize that severe injuries may prevent you from participating in activities and hobbies you previously enjoyed. Disfigurement and permanent disability also factor into non-economic damages, as these conditions fundamentally alter how you move through the world and interact with others.
Contact Our Austin Pedestrian Accident Lawyers
If you or someone you love was injured in a pedestrian accident, you need pedestrian accident attorneys who will fight to hold the responsible party accountable. The legal team at Byrd Davis Alden & Henrichson, LLP brings decades of combined experience to every case we handle, and we’re committed to securing the maximum compensation available under Texas law. We’ll handle every aspect of your claim while you focus on recovering from your injuries.
Don’t let insurance companies minimize your claim or pressure you into accepting an inadequate settlement. Our Austin pedestrian accident lawyers know the tactics insurers use to reduce payouts, and we’re prepared to take your case to trial if necessary to achieve a fair result. Contact us online to schedule a free consultation and learn how we can help you move forward after a devastating pedestrian accident.