Areas of Practice

You may have a claim if a driver, business, property owner or another party failed to act with reasonable care and that failure contributed to your injuries. Examples can include a driver failing to yield, speeding through an intersection, looking at a phone, driving while impaired or failing to check for pedestrians before turning.

The strength of a case depends on the evidence, the circumstances of the collision and the connection between the negligent conduct and your injuries. A pedestrian accident lawyer can review what happened, identify possible sources of compensation and explain whether pursuing a claim may be appropriate.

The driver is often the primary responsible party, but other people or businesses may also share responsibility depending on how the accident occurred. Potentially responsible parties may include a driver’s employer, the owner of a commercial vehicle, a bar or business in legally applicable circumstances, a property owner or another party whose conduct contributed to the collision.

An investigation may also uncover multiple insurance policies that apply to the same accident.

Possibly. Being outside a marked crosswalk does not necessarily resolve every question about responsibility. An investigation should consider whether the driver was speeding, distracted, impaired, driving without adequate lights or failing to take reasonable action after seeing the pedestrian.

It should also consider visibility, lighting, road design, parked vehicles, witness testimony and the precise point of impact. An attorney can evaluate how the pedestrian’s location may affect the claim without assuming that it automatically eliminates the possibility of recovery.

Report the crash to law enforcement and provide every detail you remember about the vehicle, driver and direction of travel. Nearby businesses, homes, traffic systems or vehicles may have recorded useful footage.

Even when the driver is not immediately identified, compensation may be available through applicable insurance coverage. The available options depend on the policies involved and the circumstances of the collision. Because video and other evidence can disappear quickly, it is important to begin investigating a hit-and-run pedestrian accident as soon as reasonably possible.

Texas generally applies a two-year limitations period to personal injury and wrongful death lawsuits. However, the calculation of a deadline can depend on the parties involved and the circumstances of the case. Claims involving a government entity may also require much earlier notice. (Texas Statutes)

Do not wait until the deadline is approaching. Evidence can be lost, witnesses can become difficult to locate and video recordings may be deleted long before the legal filing period expires.

Some cases can be resolved through negotiations, while others require litigation and may take considerably longer. The timeline can depend on how long medical treatment continues, whether responsibility is disputed, the number of parties involved, the insurance coverage available and whether the insurer makes a reasonable settlement offer.

Resolving a claim too quickly can be risky if the full medical outlook and future consequences of the injury are not yet understood.

Seek medical attention as soon as possible, even if you initially believe your injuries are manageable. Some injuries may become more noticeable after the shock of the collision begins to wear off. When possible, obtain the driver’s information, report the accident to law enforcement, photograph the area and collect contact information from witnesses.

Preserve medical records, receipts, photographs, damaged clothing and communications from insurance companies. Avoid giving a recorded statement or accepting a settlement before you understand the extent of your injuries and the consequences of the proposed agreement.

No. The rights and responsibilities of drivers and pedestrians depend on factors such as traffic signals, crosswalks and where the person entered the roadway.

Texas law requires drivers to stop and yield to pedestrians lawfully using certain crosswalks and to follow pedestrian control signals. Pedestrians also have responsibilities when crossing a roadway. Because responsibility depends on the specific circumstances, an insurance company should not be allowed to reduce the entire case to the claim that the pedestrian “should have been more careful.” (Texas Statutes)

Depending on the facts of the case, compensation may be available for:

• Emergency care and hospitalization
• Surgery, rehabilitation and follow-up treatment
• Future medical needs
• Lost wages and reduced earning ability
• Physical pain and emotional suffering
• Disability, disfigurement or reduced mobility
• Damage to personal property
• Losses arising from a fatal pedestrian accident

The value of a claim depends on the severity and duration of the injuries, the available insurance coverage, the evidence of responsibility and the effect the accident has had on the injured person’s life.

You may need to notify an insurer that the accident occurred, but you should be cautious about giving a recorded statement or signing documents before receiving legal advice. An insurance representative may ask questions designed to obtain statements about how the accident happened, your prior health or the seriousness of your injuries.

The company may later use those statements to challenge your claim. A pedestrian accident attorney can communicate with insurers for you and help prevent your words from being taken out of context.

Palker Law Firm handles qualifying pedestrian accident claims on a contingency-fee basis. This means you do not pay an attorney fee upfront, and the firm receives a fee only if compensation is recovered for you. The fee arrangement and responsibility for case expenses will be explained before you decide whether to hire the firm.

Your initial case review is free. During the consultation, we will explain the available fee arrangement, potential case expenses and what you can expect before deciding whether to move forward.

Certain surviving family members may be able to pursue a wrongful death claim after a fatal pedestrian collision. A related survival claim may also be available on behalf of the deceased person’s estate. These claims may address losses such as funeral expenses, lost financial support, loss of companionship and other legally recoverable harm.

A fatal accident requires a careful and respectful investigation. Our attorneys can explain the possible claims, the people who may bring them and the next steps available to the family.