A pedestrian accident is a collision between someone walking and a motor vehicle. In these situations, the driver and occupants of the car or motor vehicle typically sustain no injuries, while the pedestrian can experience life-changing trauma and injury.

Alarmingly, one pedestrian death occurred every 75 minutes in the U.S. in 2020, with over 7,000 pedestrian fatalities recorded in the same year. For the average pedestrian accident lawyer, Houston is known for being the site of many such accidents. In 2021, 106 pedestrians were killed in the city, representing the first time pedestrian fatalities reached over 100. This represented 32% of fatalities in 2021, yet less than 2% of those commuting to work walk.

How Do Pedestrian Accidents Happen?

In many cases, pedestrian accidents do not happen outside the road; pedestrians determine when and whether to leave the shoulder of the road or sidewalk to enter a roadway. Sharing the road is undoubtedly dangerous for pedestrians, as they are constantly at risk of getting hit by drivers.

Below are some of the specific ways in which pedestrian accidents occur.

• Car accidents. Impatient or reckless car drivers do not always yield to pedestrians at crosswalks. Failure to respect passengers on the road may result in serious or catastrophic injuries.
• 18-wheeler accidents. Large trucks have many blind spots, and pedestrian accidents may happen if passengers fall into any of these blind spots. The size and weight of 18-wheelers also increase their stopping distance and time, making pedestrian accidents at crosswalks more likely.
• Bicycle accidents. Cyclists often share walking paths and sidewalks with pedestrians, making pedestrian bicycle accidents more likely.
• Bus accidents. Pedestrian bus accidents may happen when occupants, especially children, attempt to get on or off a bus. These accidents may also happen when a bus driver loses control and runs into pedestrians off the road.
• Commercial truck accidents. Delivery trucks or tankers are common in residential areas. When driving on unfamiliar roads, drivers may run a stop sign and hit pedestrians.
• Motorcycle accidents. Motorcycles traveling at high speeds can pose risks to pedestrians walking on sidewalks or crossing the road.
• Crosswalk accidents. Pedestrian crosswalk accidents occur when drivers run a stop sign or red light at a crosswalk. They may also happen when a driver turns without checking for pedestrians.
• Sidewalk accidents. Sidewalk pedestrian accidents happen when distracted drivers get off the road and drive onto the sidewalk. They may also occur when pedestrians walking on poorly designed sidewalks are forced to walk very close to the road. Another possible scenario is when pedestrians trip and fall into oncoming vehicles on poorly maintained sidewalks.
• Pedestrian bench accidents. Pedestrians waiting or sitting on benches at bus stops or pedestrian areas are usually at risk of collisions. This happens when a vehicle veers off the road and into a bench.

Regardless of how your accident happened, our Houston pedestrian accident lawyers can help determine if the other party was negligent and hold them liable for the accident. We have over 35 years of experience representing injured victims and know what it takes to win pedestrian accident cases.

What Kinds of Injuries Happen in Pedestrian Accidents?

There is often nothing between a pedestrian and a motor vehicle during a collision. The force of the impact may throw a pedestrian or pin them against a wall, tree, or any solid object nearby. A motor vehicle may also run over or crush a pedestrian in a collision. Any of these and other catastrophic incidents might potentially cause:

• Wrongful amputations
• Back and spinal injuries
• Burn injuries
• Head injuries
• Wrongful deaths

Pedestrian Wrongful Amputations

When someone is pinned under a motor vehicle or crushed against a median or guardrail, the injuries they sustain can mean that part of a limb or an entire limb may need to be surgically removed if doctors cannot save the tissue and bones. This can be a life-changing injury, requiring years of rehabilitation and a lifetime of prosthetic replacements.

Pedestrian Back and Spinal Cord Injuries

When a pedestrian’s torso is pinned in a motor vehicle accident or if they are thrown violently by the impact, their spinal cord can be damaged. This can lead to chronic back pain, a lifetime of pain caused by a slipped disc, or even partial or full paralysis.

Pedestrian Burns

Burns can happen in many ways in a pedestrian accident. The motor vehicle may be damaged, and a fire or explosion could happen, injuring the pedestrian. The pedestrian may also be carrying something, such as an e-cigarette or electronic device, which can be damaged and potentially explode or catch fire.

Pedestrian Head Injuries

When someone is thrown to the ground in an accident, their head may crash against the motor vehicle, the pavement, or another solid surface. This may cause the brain to crash around the inside of the skull, where it can bruise, bleed, and swell. With no place to go, the brain might crush up against the skull, causing further damage to the tissue and potentially leading to memory loss, cognitive issues, coma, seizures, and other life-altering conditions.

Pedestrian Fatalities

Unfortunately, pedestrians are more at risk of fatal injuries in a collision than motor vehicle occupants. While many motor vehicle occupants may have layers of protection, pedestrians typically do not. In cases where recklessness causes a death, the immediate family member of the pedestrian may have a wrongful death claim.

No matter how injuries are caused, if you have been affected by a pedestrian accident, you may wish to speak with an attorney to find out whether you have options for seeking financial recovery. If you need a pedestrian accident attorney in Houston, you have many options, including the experienced team at Johnson Garcia.

Common Causes of Pedestrian Accidents

Regardless of who is at fault for the accident, it’s undeniable that pedestrian accidents are some of the most traumatic accidents victims can ever experience. While pedestrians may have their share of negligence in these accidents, driver error and negligence are cited as the leading causes of pedestrian accidents. Below are some of the factors that cause pedestrian accidents.

Distracted Drivers

Driver inattention is among the main causes of accidents, including pedestrian accidents. Using a smartphone takes your eyes off the road, increasing the risk of hitting a pedestrian. On the other hand, pedestrians who use their smartphones while crossing streets risk getting hit by oncoming vehicles.

Intoxicated Drivers

Driving under the influence of alcohol or other illegal drugs makes you a danger to other road users, including pedestrians. Impaired drivers tend to have poor judgment and reduced control of their vehicles. They risk running into pedestrians on walkways when they lose control of their vehicles and drift off the road.

Reckless Drivers

Careless behavior by drivers and pedestrians on the road can easily result in pedestrian accidents. Drivers who deliberately disregard traffic rules at crosswalks can hit pedestrians crossing the road. Similarly, reckless Houston pedestrians crossing the road at undesignated points or against traffic lights may risk getting injured in accidents.

Speeding

Drivers are required to travel at low speeds when approaching crosswalks. Even if the green light is on, it is advisable to approach crosswalks at a considerably low speed to allow you to stop in time in case anyone attempts to cross the road. Speeding may also cause a driver to veer off the road to avoid a hazard, putting pedestrians on the side of the road at risk of an accident.

Impatient Drivers

Impatient drivers often try to drive around pedestrians at crosswalks, which could easily cause pedestrian accidents. Also, such drivers aren’t inclined to look out for pedestrians who may be crossing against the light and could end up causing avoidable pedestrian accidents.

Poor Road Conditions

Heavy rain and snow can make vehicles hydroplane into crosswalks or jump the curb, hitting unsuspecting pedestrians. Slippery roads also make it more difficult to stop at crosswalks, increasing the risk of pedestrian accidents. Road constructions may also force pedestrians to walk on sections of the road where drivers don’t expect them to, increasing the chances of pedestrian accidents.

Wearing Dark Clothing at Night

The probability of a pedestrian accident increases — three times higher — as the day turns to night. Crossing unlit roads or streets at night while wearing dark clothes makes a pedestrian blend in with the background darkness, making it almost impossible for a driver to see them. Wearing light-colored or reflective clothing makes you more visible, reducing the risk of a pedestrian accident when crossing a street or road.

Arterial Roads

Arterial roads can present a danger to pedestrians as drivers often encounter other drivers who speed, tailgate, or switch lanes recklessly. While driving on such roads, drivers may be less likely to look out for pedestrians or observe traffic lights.

Failure to Use Turn Signals

Drivers are required to indicate when turning, such as when making left turns. Doing so makes the pedestrians waiting to cross aware of a vehicle joining the road and reduces the probability of a pedestrian trying to beat the crosswalk signal or jumping in the middle of traffic.

Failure to Yield

Pedestrians don’t always have the right of way. Therefore, they may be at risk of an accident if they fail to yield to drivers when crossing the road away from a crosswalk or when traffic controls require them to yield to drivers.

Working with an experienced Houston pedestrian accident lawyer can help determine whether another person’s negligence caused your injuries. Our legal team can help determine all the liable parties in your case and help you get maximum compensation for your injuries.

Pedestrian Right-Of-Way in Texas

Contrary to common belief, pedestrians don’t always have the right of way in Texas. The law clearly defines instances where a pedestrian must yield to drivers. Pedestrians must yield to drivers when crossing away from a crosswalk. Pedestrians must always follow traffic controls such as signals and signage when crossing the road. They should therefore yield to drivers whenever these controls require them to.

In Texas, pedestrians are not allowed to cross streets at certain points. Some of these include:

• Crossing diagonally across an intersection unless they are specifically authorized to cross by traffic controls.
• Crossing the street between two adjacent signalized intersections unless there is a marked midblock crosswalk.
• Crossing IH-35, State Loop 1, U.S. Highway 290, and U.S. Highway 183 unless at an overpass or underpass.

Pedestrians should always be cautious when crossing the street, even if they have the right of way. It is advisable to make eye contact with oncoming drivers to ensure they slow down for you.

If you suffered injuries after a pedestrian accident in Houston, you need sound legal counsel to recover maximum damages. Our Houston pedestrian accident lawyers offer quality legal counsel and representation and can take your case to trial if the insurance company involved denies or undervalues your claim.

Can a Pedestrian Be At Fault for a Car Accident?

Yes. When a car hits a pedestrian, there is no doubt that the pedestrian ends up with more severe injuries than the vehicle’s occupants. However, drivers aren’t always at fault in pedestrian accidents. A pedestrian can be at fault if they are considered negligent because they failed to exercise reasonable care as the average person would under the circumstances.

Specifically, a pedestrian can be partially or fully at fault for an accident in the following scenarios:

• Walking in areas where the law prohibits foot traffic, such as bridges and freeways.
• Jaywalking or crossing the road or street unlawfully or without consideration of oncoming traffic.
• Crossing the street or road outside of the crosswalk.
• Crossing the street or road against traffic control signals.
• Failing to check for approaching traffic before crossing the street.
• Darting into the road or street to collect an item.
• Intentionally attempting to distract a driver.

Another situation that may demonstrate liability for a pedestrian is when they walk into the path of oncoming traffic and get hit as the driver is unable to avoid them. Moreover, if the driver avoids the pedestrian and hits other vehicles instead, the pedestrian may still be liable for the accident.

Where Do Pedestrians Get Hit the Most?

While pedestrian accidents may occur anywhere pedestrians use the road, they tend to be more frequent in some areas than others. Some of these include:

• Cities or urban areas, especially in sections of streets or roads without intersections
• Roadsides and shoulders of busy highways or streets
• Sidewalks
• Shared trails or paths
• Parking zones

Most pedestrian accidents happen on busy roads without intersections. However, passengers should always be aware of their surroundings when crossing streets to avoid running into oncoming traffic.

Do I Need a Houston Pedestrian Accident Lawyer?

There is no legal requirement to work with a pedestrian accident lawyer in Houston if you have been injured. However, working with an attorney may make a difference. After your accident, you may be offered a settlement by the insurance company of the motorist who struck you. Without legal advice, it may be challenging to tell whether the offer is good. Even taking care of the paperwork while you are recovering from an injury can be difficult. An experienced attorney can take care of all of this for you.

If you need a pedestrian accident lawyer, Houston, TX, has many law firms to help you, including the highly regarded Johnson Garcia Law. An experienced attorney can pursue financial recovery, take care of the claims process, and free you to take care of your physical recovery. They can be an ally as you rebuild your life.

How Much Could My Pedestrian Case Be Worth?

No two pedestrian injury claims are the same, which is why you may wish to consult with a Houston pedestrian accident attorney to find out how the details of your case might impact your potential financial recovery. In general, how much you may be able to secure depends on many factors, including:

• The severity of your injuries
• The liability in the case
• The defendants
• Your attorney

In general, the more severe your injuries and the greater the impact on your life, the more damages you can seek. You may be able to pursue financial recovery for medical bills, the income you have lost because your injury prevented you from working, your expected future medical costs, pain and suffering, and more. An experienced Houston pedestrian accident lawyer will find liable parties in your case and present evidence of recklessness and your losses.

What Is the Process for Seeking Financial Recovery?

In many cases, the process begins when you contact a Houston pedestrian accident attorney. Your attorney will ask you questions about your case, injuries, and healing. He or she may also ask for any witness contact information, any details you remember, or any photos you were able to take at the scene. While every case is different, many follow these basic steps:

1. Your attorney files the case in the appropriate court, alerting the defendants of your claim and giving them a chance to respond.
2. Your attorney works to build a strong case, potentially working with expert witnesses and other professionals.
3. During the discovery phase, all parties gather information relevant to the case and share this information.
4. Your attorney may prepare you if the attorneys representing the other parties want to speak to you as part of the discovery process.
5. There is usually a mediation or negotiation process during which all parties try to reach an agreement about financial recovery.
6. Your case goes to trial if no such agreement can be reached
7. A judge and jury determine the financial recovery.

Experienced Houston pedestrian accident lawyers can advise you at every step, reviewing any offers and negotiating for financial recovery to cover your bills. Your pedestrian accident lawyer in Houston may also need to present your case in court, which is why both negotiation and trial experience are important when you are seeking the right attorney for your case.

How Can Johnson Garcia Law Help?

If you are looking for a pedestrian accident attorney, Houston County has Johnson Garcia, a law firm founded to help those in need. With more than 30 years of combined experience and over $100 million recovered on behalf of our clients, our legal team is known for its expertise in pedestrian claims.

The team at Johnson Garcia understands that when you come to us after a pedestrian accident, you may be trusting us at one of the most difficult times of your life. We work to earn your trust by seeking to secure financial recovery, communicating about your case with you, offering 24/7 support, and treating you with dignity and respect. Contact us today at 832-844-6700 to schedule a free consultation to find out whether we might work together.