Being struck by a vehicle while walking can change your life in seconds. You may be dealing with pain, confusion, and questions about what comes next. At Omondi & Associates, our attorneys bring both legal experience and a medically informed perspective to help you understand your rights and next steps.
You Have Rights.
We Help You Use Them.
Pedestrian accidents occur when a pedestrian is struck by a vehicle, often at intersections, crosswalks, or along roadways without safe pedestrian access. These incidents are especially severe because pedestrians have no protection against the force of a moving vehicle. Many involve drivers who are distracted, speeding, or failing to notice someone crossing the street.
Texas law outlines clear responsibilities for both drivers and pedestrians under the Texas Transportation Code. Drivers must yield to pedestrians in crosswalks, while pedestrians must follow traffic signals. Texas also follows a modified comparative fault rule (Texas Civil Practice & Remedies Code §33), meaning you can still recover damages if you are 50% or less at fault. Our attorneys carefully review every detail, from medical records to crash reports, using both legal experience and medical insight to help you pursue the maximum possible compensation for your injuries.
Steps to Take if You’ve Been in a Pedestrian Accident:
- Seek immediate medical attention, even if injuries seem minor
- Call 911 and request a police report at the scene
- Document the scene with photos of injuries, vehicle damage, and surroundings
- Gather driver information, including name, contact details, and insurance
- Speak with witnesses and collect their names and contact information
- Preserve physical evidence, including clothing and personal items from the incident
- Request a copy of the police report for your records
- Avoid discussing fault or giving recorded statements to insurers
- Keep detailed records of medical treatment, expenses, and symptoms
- Contact a pedestrian accident attorney for guidance
Pedestrian Accident FAQs
Can I Still Recover Compensation if I Was Partially at Fault?
Yes. Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code §33. You can recover damages if you are 50% or less at fault, but your compensation is reduced by your percentage of responsibility.
For example:
- 20% at fault: recover 80% of damages
- 50% at fault: recover 50% of damages
- 51% or more: no recovery
What if I Wasn’t in a Crosswalk?
You may still have a valid claim. While pedestrians are expected to yield when crossing outside a crosswalk, drivers still have a duty to exercise care and avoid collisions. These cases often come down to details like visibility, speed, and driver behavior. Our attorneys examine these factors closely to build a clear, fact-based claim to reduce your percentage of fault.
How Long Do I Have to File a Claim in Texas?
In most cases, you have two years from the date of the accident to file a personal injury claim or wrongful death lawsuit. Missing this deadline can prevent you from recovering compensation, so it’s important to act early while evidence is still available.
What Compensation Can I Pursue After Being Hit by a Car?
Depending on your case, you may be able to recover damages such as:
- Medical expenses (current and future care)
- Lost income and reduced earning ability
- Pain and suffering
- Long-term or permanent injury impacts
Contact Us for a Free Case Evaluation
It Costs Nothing to Understand Your Options After a Pedestrian Accident
After a pedestrian accident, it helps to talk to attorneys who understand both the legal and medical sides of what you’re facing. At Omondi & Associates, our team is led by founding attorney Tom Omondi, whose experience as both a registered nurse and attorney brings deeper insight into injury recovery and complex claims. Our attorneys take the time to listen, explain your legal options, and help you seek the maximum possible compensation. Reach out today to schedule your free case review for your pedestrian accident.
