In a bustling city like Houston, pedestrians are uniquely vulnerable on our roads. When an accident occurs involving a vehicle and a pedestrian, the resulting injuries can be severe, and the legal claims that follow are often highly complex. At Salazar & Velazquez, P.C., we recognize that these cases present distinct challenges. We are here to help clients understand the key factors that can influence a personal injury claim after a pedestrian accident.
Determining Fault is Not Automatic
A common misconception is that a driver is automatically at fault in any accident involving a pedestrian. This is not always the case. Liability depends on the specific circumstances and the legal duty of care for all parties involved. We must investigate all factors, including whether the driver was speeding, distracted, or failed to yield. We also examine the pedestrian’s actions, such as whether they were in a marked crosswalk, obeying traffic signals, or were visible to the driver.
The Nuances of Texas Right-of-Way Laws
Right-of-way laws are often at the center of pedestrian accident claims. While drivers are generally required to yield to pedestrians in marked crosswalks, the law is more complex in other situations. We carefully analyze the specific Texas transportation statutes regarding a driver’s duty to exercise due care to avoid a collision, even if a pedestrian is not in a crosswalk. We also look at “unmarked crosswalks” at intersections, a concept that many drivers and pedestrians may not fully understand, which requires a careful legal analysis.
The Catastrophic Nature of Injuries
Unlike the occupants of a car, a pedestrian has no structural protection in a collision. This often results in severe or life-altering injuries, such as traumatic brain injuries, spinal cord damage, and multiple fractures. This reality significantly raises the stakes of a claim. Our personal injury law firm works to understand the full, long-term impact, including the need for future medical care, rehabilitation, and the potential for a diminished quality of life or earning capacity when assessing potential damages.
Investigating Driver Inattention
One of the most common causes of pedestrian accidents is driver distraction. A driver who is texting, adjusting a GPS, or is otherwise not fully attentive can fail to see a person in their path until it is too late. As part of our investigation into a personal injury in Houston, we may seek to preserve and examine cell phone records or data from the vehicle’s event data recorder (EDR), where possible. This data can sometimes show if driver inattention played a role in the moments before the impact.
The “Proportionate Responsibility” Defense
In these cases, a common defense strategy is to argue that the pedestrian was partially at fault for the accident (e.g., by jaywalking, crossing against a signal, or darting into traffic). In Texas, this is known as “proportionate responsibility.” Under this rule, if a pedestrian is found to be 51% or more at fault, they may be barred from recovering any compensation. This makes it crucial to have an advocate who can effectively counter such allegations and present the facts clearly.
Identifying All Potential Sources of Recovery
A thorough personal injury attorney will look beyond just the at-fault driver’s liability insurance. We investigate all potential avenues for recovery. This could include the driver’s Personal Injury Protection (PIP) coverage, which may be available regardless of fault. In some cases, we may even look to the pedestrian’s own auto insurance policy. If the pedestrian carries Uninsured/Underinsured Motorist (UM/UIM) coverage, it can sometimes apply to their injuries, even though they were not in their car at the time.
Pedestrian accident claims involve a unique set of laws, high stakes due to severe injuries, and complex investigations into fault. If you or a loved one has been injured as a pedestrian in Houston, you do not have to navigate this difficult process alone. Our team at Salazar & Velazquez, P.C. is dedicated to helping our clients understand their rights and options. We invite you to contact our law firm for a free consultation to discuss the details of your case.