Find The Best Pedestrian Injury Lawyer in Texas (Oct 2024)

How Much Does a Pedestrian Injury Lawyer Cost in Texas?

Most Texas pedestrian injury lawyers offer contingency fee agreements, which means that they keep a percentage of any compensation they recover on your behalf as their fee rather than charging an hourly rate. This allows you to pursue a lawsuit without worrying about hefty legal bills. If they don't win, you don't pay.

However, before you sign a contract, ensure you understand who is responsible for paying the costs associated with pursuing your case. While some attorneys waive these fees if they don't recover on your behalf, others will hold you responsible for payment regardless.

Types of Pedestrian Accident Cases in Texas

Cities like Austin, Dallas and Houston are working with the Texas Department of Transportation to improve safety and reduce pedestrian accidents across the state. The Vision Zero Coalition supports the DOT's "Road to Zero" goal of eliminating roadway fatalities through education, engineering, enforcement and emergency response. This campaign encourages towns of all sizes to improve the safety of their roadways for pedestrians and cyclists.

Whether a pedestrian or a driver is responsible for causing a collision is often an issue. Many pedestrian-automobile collisions are caused by negligence or recklessness by a driver, pedestrian, or both. If a driver's behavior violates traffic laws (for example, running a red light, failing to yield to a pedestrian in a crosswalk or texting while driving), it is usually fairly easy to establish liability or legal fault against them in a negligence lawsuit.

Sometimes, a defective vehicle part or design contributes to or causes an accident. Defects like faulty brakes or tires can leave a driver unable to stop quickly. The design of many large SUVs and trucks can limit a driver’s ability to see pedestrians, especially small children. Malfunctioning safety features like backup cameras and sensors could fail to alert a driver to a pedestrian’s presence. These situations may support a product liability lawsuit against the car manufacturer.

As more self-driving cars take to the roads in Austin and anticipate expanding across Texas, accidents involving autonomous vehicles are likely to increase. These cases can be especially challenging because liability laws still lag behind these technological advances. Since these cars are currently operating as rideshares, there may be extra confusion as to who should be legally responsible for a rideshare vehicle that causes a pedestrian injury.

In some cases, a pedestrian may be able to bring a claim against a city or municipality that failed to keep the roadways in a safe condition for pedestrians, especially if the design of an intersection is unreasonably dangerous or if a pedestrian safety device (like a crosswalk light) malfunctions. These claims can be challenging, because laws limit government liability and you must meet strict notification and filing requirements.

Average Pedestrian Injury Settlement in Texas

Pedestrian-auto accidents often involve serious injuries, incurring steep charges for hospital stays, rehabilitation and ongoing medical treatment. Many victims cannot work during their lengthy recoveries and experience permanent limitations that reduce their earning capacity. Some types of injuries make it necessary to modify a person's home or vehicle with special assistance devices. Victims often suffer from PTSD or other mental distress.

Properly valuing a pedestrian injury case requires considering many types of damages, including both immediate expenses, future anticipated costs and the impact of the injury on a person's career, family and personal life. In cases involving pedestrian fatalities, the effect of their loss on their survivors is a significant factor.

Because every case is different, the average settlement value of a pedestrian injury case is difficult to identify. An experienced pedestrian injury attorney will examine the facts of your case and help you understand its strengths, weaknesses and likely settlement value.

Sometimes a pedestrian’s own actions contribute to their injuries, which can reduce the value of their claim. A pedestrian may be distracted and not paying proper attention, or they may be acting negligently or recklessly. Examples include a child darting out between parked cars into the path of a driver, a pedestrian looking at their mobile device and a jaywalker crossing against a red light or signal.

In Texas, an injured person can still pursue a personal injury claim even if they are partially at fault for the occurrence. This is called “contributory negligence.” If a judge or jury determines that a plaintiff is less than 51% at fault, they can still recover compensation for their damages. However, the total amount of the award they recover will be reduced by the percentage of their fault. If the plaintiff's fault is more than 50%, they cannot recover.

Filing a Pedestrian Injury Lawsuit in Texas

Filing a pedestrian injury lawsuit in Texas allows victims to pursue compensation for medical expenses, lost wages and other damages from a responsible party. In a pedestrian accident case, this could be a driver, a property owner, a business or another entity that didn't meet its legal duty of care. You may have claims against more than one party for causing an accident. An experienced pedestrian injury attorney can help you understand your options.

Texas law imposes a two-year statute of limitations on personal injury cases, which means that in most cases, you must file a lawsuit within this time or you will lose your chance. However, there's no reason to delay. Evidence such as medical records, witness statements and accident reports will play a key role in proving a driver's negligence. Even if you haven't fully recovered, it's best to consult an experienced personal injury as soon as you're able to do so.

How Does a Pedestrian Accident Lawsuit Work in Texas?

To start the process, the injured person (the "plaintiff") files a complaint in civil court and transmits it to the party or parties they are trying to hold responsible (the "defendant"). After the defendant responds, the parties exchange evidence and prepare for a trial. While this seems straightforward, the actual process of litigation can take months or even years.

The judge assigned to the case will hold periodic court hearings to ensure the case is progressing appropriately and settle disputes between the parties. Formal and informal settlement negotiations will also take place. If the parties cannot reach a settlement agreement, they will present their evidence to a judge or jury during a trial. The judge or jury will issue a verdict, or decision, and determine how much money to award the winner.

How to Hire a Texas Pedestrian Injury Attorney

Ask for recommendations from friends, family and other trusted sources. Once you have a few possibilities, schedule free initial consultations with a few different attorneys. This will help you gain different perspectives on your case and give you an idea of how each lawyer will work with you. Choose an attorney you feel comfortable with who has the resources, experience and reputation you deserve from an advocate.