Houston Pedestrian Accident Attorney 

Common Causes of Pedestrian Accidents

According to the TxDOT, the top three leading causes of pedestrian accidents in Texas include: 

• Speeding: The faster a vehicle travels, the more time it takes to stop. Motorists who drive too fast often cannot stop in time to avoid hitting pedestrians who may be crossing, entering, or walking along a roadway.
• Inattention: Just as distracted driving is dangerous, so is walking while distracted by a cell phone, another person, or something else. Inattention by drivers and pedestrians is common in numerous pedestrian accidents.
• Failure to Yield the Right of Way: There are certain times when motorists must yield the right of way to pedestrians and vice versa. A serious or potentially fatal collision can result When the driver or the pedestrian fails to yield the right of way.

While these may be the leading causes of pedestrian accidents in Texas, they are not the only ones. 

Other common factors in pedestrian-vehicle collisions include: 

• Drunk driving/driving while intoxicated
• Running red lights, stop signs, etc. 
• Pedestrians crossing the roadway illegally
• Poor visibility, nighttime driving, and inclement weather
• Poorly marked crosswalks 
• Traffic law violations 
• Unsafe or illegal turns, passing, and other driving maneuvers
• Aggressive or reckless driving 
• Driving too fast in areas with heavy foot traffic, such as parking lots

By identifying the cause of the accident, our Houston pedestrian accident lawyer can determine who is liable for your damages. We conduct exhaustive investigations and meticulously prepare every claim for litigation to ensure that we are always ready to meet any legal challenge that may arise. Our team utilizes cutting-edge technology and collaborates with expert witnesses to reconstruct accident scenes and gather critical evidence. This thorough approach helps establish liability and ensures those responsible are held accountable.

Understanding the pervasive risks associated with pedestrian accidents, our firm actively works to educate the public about safety measures. We provide valuable resources and conduct seminars in communities to raise awareness of safe walking practices and the responsibilities of both pedestrians and drivers. By equipping individuals with the proper knowledge, we aim to reduce accidents and save lives.

Preventing pedestrian accidents requires concerted efforts from city planners, legislators, and the community. We advocate for improved infrastructure, such as better crosswalks, adequate lighting, and pedestrian-friendly pathways, which are crucial in minimizing risks. Our firm also supports legislative initiatives that enhance penalties for negligent driving and improve road safety standards. Through these initiatives, we contribute to creating a safer environment for pedestrians in Houston.

Do Pedestrians Always Have the Right of Way in Texas?

Motorists are responsible for taking every possible precaution to avoid hitting people on foot. Still, there are many instances where pedestrians are legally required to yield to oncoming traffic. 

The Texas Transportation Code requires pedestrians to yield to motorists when: 

• Coming to an intersection with a yellow or red traffic signal and/or “wait” or “do not walk” pedestrian signal 
• Attempting to cross a roadway outside of a marked or unmarked crosswalk at an intersection 
• Crossing a roadway where there is an available pedestrian tunnel or overhead crossing 
• Suddenly, leaving a curb or similar safe area to enter a roadway and oncoming motorists cannot reasonably stop in time to avoid a collision

That being said, motorists are required to yield to pedestrians in many situations. Motorists must yield whenever a pedestrian crosses a roadway or intersection in the direction of a green traffic signal or “walk” signal in a marked or unmarked crosswalk. Additionally, motorists must yield to pedestrians when emerging from a driveway, alleyway, private road, or building and a pedestrian is walking along a sidewalk that intersects the opening.

Is Jaywalking Illegal in Texas?

In Houston, Texas, it is illegal to jaywalk—or cross a roadway outside a marked crosswalk between two adjacent intersections with traffic control devices in operation. Not only does jaywalking put pedestrians at risk of a citation, but it also puts them at serious risk of catastrophic bodily injury or death. 

If you are found to have been jaywalking or otherwise violating Texas pedestrian laws when the accident occurred, you could be assigned a portion of the blame. If you are more than 50% at fault, you cannot file a personal injury claim under the state’s modified comparative negligence rule. Even if you were no more than 50% at fault, you won’t recover the full amount you seek in damages. Instead, your settlement or verdict will be reduced by your percentage of assigned fault. 

For example, if a speeding motorist hits a person while jaywalking, the pedestrian may be assigned 50% of the blame. If the pedestrian suffered $100,000 in damages, they could only recover up to 50% of this amount, or $50,000. 

As you can see, being found partly at fault for a pedestrian accident can significantly affect your recovery. You must speak with an experienced pedestrian accident attorney, like Attorney Willie D. Powells III, about your legal rights and options. An attorney can work to uncover the actual cause of the collision and fight back against the insurance company’s efforts to dispute or undervalue your claim. 

Common Injuries Caused by Pedestrian Accidents 

Pedestrians often suffer severe, life-altering injuries when they are hit by multi-ton vehicles. 

Some of the most common injuries associated with pedestrian accidents include: 

• Traumatic brain injuries
• Head, neck, and back injuries
• Spine injuries, such as paralysis 
• Severe cuts, scrapes, abrasions, and bruises
• Internal bleeding 
• Accidental amputation/loss of limb
• Broken bones/fractures 
• Soft tissue and organ damage 
• Blunt force trauma 

Sadly, these injuries are often fatal. Pedestrians are significantly more likely to die in motor vehicle accidents than the occupants of such vehicles in standard car accidents. In Texas, about one in five people killed in traffic accidents are pedestrians. Chronic pain and long-term rehabilitation are often components of the recovery process for those who survive. Addressing these needs requires immediate medical attention and strategic, ongoing medical care, which our firm is experienced in coordinating for our clients. 

Coping with the trauma of a pedestrian accident extends beyond physical injuries. Emotional and psychological impacts, such as anxiety and depression, are common and can significantly disrupt a victim's life. Our team understands these challenges and works with mental health professionals to ensure our clients receive therapeutic support to aid their recovery. We believe in a holistic approach to recovery, addressing every aspect of our client's well-being.

In many cases, the recovery journey involves adapting to life-changing injuries. This can mean learning new ways to perform daily activities or returning to work in a different capacity. At the Law Offices of Willie D. Powells III, we assist clients in accessing vocational rehabilitation services and resources to help them regain independence and adjust to their new reality. Our comprehensive support network ensures no client faces these challenges alone.

There are no fees for you unless/until we win your case. Call (281) 881-2457 or contact us online today to get started with a FREE consultation!