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Injured as a Pedestrian? Know Your Legal Rights & What to Do Next

June 16, 2025 | By Francis Injury: Car & Truck Accident Lawyers
Injured as a Pedestrian? Know Your Legal Rights & What to Do Next

Texas Pedestrian Accident Rates Are Rising

According to the Governors Highway Safety Association, over 7,500 pedestrians were killed nationwide in 2022—many in crosswalks, on sidewalks, or during legal crossings. Texas ranks among the most dangerous states for walkers, with hundreds of fatalities each year and thousands of serious injuries. In cities like Fort Worth and Dallas, pedestrian risk is especially high at night, near school zones, and during peak traffic hours.

Most victims suffer debilitating injuries: traumatic brain injuries, spinal trauma, shattered limbs, or permanent disability. The road to recovery is long—and often expensive. A Fort Worth pedestrian accident lawyer can help victims and their families recover compensation and hold negligent drivers accountable.

Who’s at Fault in a Pedestrian Accident?

pedestrian accident Fort Worth

Texas law grants pedestrians the right-of-way in crosswalks and when walking with a walk signal. However, insurance companies often dispute fault, claiming the pedestrian was distracted, jaywalking, or outside a marked zone. Even if a driver was clearly negligent, their insurer may try to shift some of the blame to reduce their payout under Texas’s modified comparative fault rules.

Common Causes of Driver Negligence

  • Speeding or failure to yield in a crosswalk
  • Running a red light or stop sign
  • Distracted driving (texting, eating, etc.)
  • Drunk or drug-impaired driving
  • Reckless turns or illegal passing near crosswalks
  • Driver fatigue or limited night visibility

In many pedestrian collisions, the driver was clearly acting carelessly. But don’t expect the insurance company to admit it. A skilled pedestrian accident lawyer can help prove liability by obtaining video footage, interviewing witnesses, and hiring experts if needed.

What If the Driver Tries to Blame You?

Blaming the pedestrian is a common insurance tactic—especially in high-value claims. If the driver or their insurer can show you were more than 50% at fault, Texas law bars you from recovering any compensation. That’s why it’s essential to act fast and secure legal representation to protect your rights.

Your attorney will push back on unfounded allegations, preserve key evidence, and shift the burden back where it belongs: on the driver who failed to exercise proper care. Don’t let fear of partial fault prevent you from seeking the compensation you deserve.

What Compensation Can You Recover?

If you were hit by a negligent driver, you may be entitled to significant compensation. A pedestrian accident claim can include:

  • Medical bills (past and future)
  • Physical therapy and rehabilitation
  • Lost wages and future earnings
  • Pain and suffering
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Wrongful death (for family members)

In severe cases, victims may require home modifications, assistive devices, or long-term care. A Texas injury lawyer will calculate your full damages—including emotional and future losses—and ensure the insurance company doesn’t lowball your settlement.

How to Strengthen Your Pedestrian Accident Claim

Here’s what to do (or have someone help with) immediately after being hit:

  • Call 911 and report the crash
  • Request medical attention right away
  • Get witness contact info
  • Take photos of the scene (or have someone else do it)
  • Don’t speak to the insurance company without a lawyer
  • Contact a Texas pedestrian accident lawyer ASAP

In some cases, public cameras or surveillance footage may have captured the accident—but this data is quickly deleted. The sooner your lawyer intervenes, the better the chance of preserving valuable evidence.

Injured in a Pedestrian Accident in Fort Worth?

Francis Injury has helped thousands of injury victims hold negligent drivers accountable. With Board Certified expertise and a history of million-dollar settlements, we can fight for you—no fees unless we win.

Request a Free Consultation

Frequently Asked Questions

What happens if a pedestrian is partially at fault?

Under Texas law, you can still recover damages if you’re 50% or less at fault. Your compensation will be reduced by your percentage of fault. A lawyer can help protect you from exaggerated blame tactics.

How long do I have to file a pedestrian injury claim?

You typically have 2 years from the date of the crash to file a personal injury lawsuit in Texas (Tex. Civ. Prac. & Rem. Code § 16.003).

Can I sue a driver who hit me in a crosswalk?

Yes. Drivers have a legal duty to yield to pedestrians in crosswalks. If they failed to stop or acted negligently, you can pursue a personal injury claim against them and their insurance company.

Do I need a lawyer for a pedestrian accident?

Yes—especially if your injuries are serious or the driver disputes fault. A Texas injury attorney can investigate the crash, negotiate with insurers, and maximize your settlement.

How much does a pedestrian accident lawyer cost?

Nothing upfront. At Francis Injury, we work on a contingency fee basis, which means we only get paid if we win your case.