Houston Pedestrian Accident Lawyer
If you were hit by a car while walking in Houston, you’re not alone, and you may be entitled to compensation. Pedestrian accidents are alarmingly common in busy areas like Downtown, Midtown, and along roads such as Westheimer and Shepherd. These incidents often occur due to distracted driving, speeding, or failure to yield at crosswalks. Unfortunately, pedestrians typically suffer the most severe injuries in these crashes, from broken bones and head trauma to long-term disabilities. At Dhanani Law, we understand how devastating these accidents can be and are here to stand by your side during this difficult time.
Attorney Imran Dhanani brings years of experience and a results-driven approach to every case he takes. Our legal team will investigate the crash thoroughly, gather key evidence, and negotiate aggressively with insurance companies to help you recover compensation for medical bills, lost income, and pain and suffering. Whether the driver was uninsured, fled the scene, or was clearly negligent, we’ll help you understand your rights and options.
What to do After a Pedestrian Accident?
If you’re involved in a pedestrian accident—whether you’re the pedestrian or the driver—taking the right steps immediately afterward is crucial for safety, medical care, and legal protection. Here’s what to do:
even if injuries seem minor. Some symptoms may appear hours or days later.
to report the accident. A police report will document the scene, which is important for insurance and legal claims.
until help arrives, unless you’re too injured to do so. Leaving can hurt your credibility and legal case.
with the driver, including name, contact info, license plate number, and insurance details.
as their statements may support your version of events.
by taking photos of injuries, vehicle damage, the location, and any contributing factors like poor lighting or signage.
with the driver or on social media—anything you say can be used against you later.
as soon as possible to protect your rights and start the claims process.
What Are The Main Causes of Pedestrian Accidents?
The main causes of pedestrian accidents often involve a combination of driver negligence, pedestrian behavior, and environmental factors. Here are the most common causes:
Drivers texting, eating, or using their phones may fail to notice pedestrians crossing the street.
Alcohol or drug impairment lowers a driver’s judgment and reaction time, making pedestrian collisions more likely
Excessive speed reduces a driver’s reaction time and increases the severity of collisions with pedestrians.
Nighttime, fog, or inadequate street lighting can prevent drivers from seeing pedestrians in time to avoid an accident.
Many accidents occur when drivers don't stop for pedestrians at marked or unmarked crosswalks.
When pedestrians cross mid-block or against traffic signals, it increases the risk of a crash.
Ignoring traffic signals can lead to drivers striking pedestrians who are lawfully crossing.
Drivers may not see pedestrians when reversing out of driveways or parking spots.
Determining Liability in a Pedestrian Injury Case
- To secure compensation, it must be shown that another party’s negligence caused the accident. Liable parties may include:
For distracted, reckless, or impaired driving.
In rare cases, partial fault may apply (e.g., jaywalking).
If poor infrastructure or broken signals contributed to the accident.
Such as vehicle manufacturers or contractors responsible for road conditions.
What Happens if a Pedestrian Causes an Accident?
If a pedestrian causes an accident—such as by suddenly darting into traffic, crossing against a signal, or walking while distracted—they can be held partially or fully liable for the resulting damages.
Under Texas’ comparative negligence rule, found in Texas Civil Practice and Remedies Code § 33.001, a pedestrian can still recover compensation if they are less than 51% at fault, but their recovery will be reduced by their percentage of fault. For example, if a pedestrian is found to be 30% responsible for the accident, their compensation will be reduced by 30%.
However, if the pedestrian is found 51% or more at fault, they are barred from recovering any damages from other parties. This legal standard applies whether the injured party is the pedestrian themselves or a driver who swerved and got injured while trying to avoid the pedestrian.
Each case is fact-specific, so determining fault often requires a detailed investigation. An attorney can help gather evidence to clarify liability and defend your rights.
When is a Pedestrian At-Fault for a Car Accident?
A pedestrian may be at fault for a car accident in several situations where their actions violate traffic laws or create an unsafe situation for drivers. Common scenarios include:
Crossing the road outside of a designated crosswalk or against a traffic signal can make the pedestrian responsible if it leads to a crash.
If a pedestrian steps off the curb or runs into the street unexpectedly, not giving drivers enough time to react, they may be considered at fault.
Being impaired by alcohol or drugs and behaving unpredictably in traffic can shift liability to the pedestrian.
Pedestrians are typically prohibited on highways or roads without sidewalks; being present in these areas may lead to liability.
Using phones or headphones and not paying attention to surroundings when crossing streets can contribute to fault if an accident occurs.
What Compensation Can You Receive After a Pedestrian Accident?
The compensation for a pedestrian accident in Houston can vary widely based on the severity of your injuries, who was at fault, and the impact the accident has on your life. Here’s a breakdown of what may be included in your claim:
Covers emergency care, surgeries, rehabilitation, and future treatment.
Accounts for physical pain, emotional distress, and loss of enjoyment of life.
If a loved one is killed, their family may receive compensation for funeral costs, loss of companionship, and financial support.
Compensates for time missed at work and potential loss of earning capacity.
Higher settlements if the injuries lead to long-term or permanent conditions.
Each case is unique. To pursue full compensation, it’s crucial to consult an experienced pedestrian accident attorney who can evaluate your case and negotiate with insurers on your behalf.
Where do Most Pedestrian Accidents Occur?
- Most pedestrian accidents in Houston tend to occur in the following high-risk areas:
Especially at unprotected or poorly lit crossings like Westheimer & Hillcroft, Bellaire & Fondren, and Bissonnet & Wilcrest, where turning vehicles often fail to yield.
Roads like FM 1960, Westheimer Road, and Interstate feeder roads see high foot traffic and speeding vehicles, making them hotspots for pedestrian crashes.
These places often lack adequate signage or enforcement, increasing risks for children and families.
Accidents frequently occur when people cross streets near METRO stops without marked crosswalks or signals.
Areas like Midtown, Downtown, and Washington Avenue can be especially dangerous at night due to heavy traffic, poor visibility, and impaired driving.
Injuries Sustained in Pedestrian Accidents
Here are some of the most common injuries sustained in pedestrian accidents:
Traumatic Brain Injuries (TBIs)
Caused by a direct blow to the head or sudden impact, TBIs can range from concussions to life-altering brain damage.
Lacerations and Contusions
Deep cuts and severe bruising are common, especially when a pedestrian is thrown or dragged.
Spinal Cord Injuries
Damage to the spine can lead to partial or complete paralysis, often requiring lifelong care and therapy.
Soft Tissue Injuries
Damage to muscles, tendons, and ligaments can cause lasting pain and limited mobility.
Broken Bones
Pedestrians often suffer fractures in the legs, arms, ribs, or pelvis upon impact with a vehicle or the ground.
Psychological Trauma
Survivors may also face PTSD, anxiety, and depression after a traumatic pedestrian accident.
Internal Injuries
Organ damage and internal bleeding may not be immediately visible but can be life-threatening without prompt medical attention
Pedestrian Accident Statistics
According to the Texas Department of Transportation, pedestrian accidents continue to be a serious safety concern across the state. In 2024 alone, there were 6,077 pedestrian-related crashes reported in Texas. Tragically, 760 of those were fatal, leading to 768 deaths. An additional 1,395 serious crashes left 1,452 people with life-altering injuries. Even so-called “minor” incidents were far from harmless – 2,338 crashes resulted in 2,475 minor injuries. On top of that, 1,356 crashes caused 1,474 possible injuries, while 214 crashes were reported with no injuries and 14 were listed with unknown severity, affecting 72 people.
How Long Do I Have to File a Pedestrian Accident Claim?
In Texas, you generally have two years from the date of the pedestrian accident to file a personal injury claim. This time limit is set by the Texas Civil Practice and Remedies Code, Section 16.003. If you miss this deadline, the court will likely dismiss your case, and you may lose your right to recover compensation for your injuries, lost wages, or other damages.
It’s crucial to act quickly—not just to meet legal deadlines, but also to preserve evidence, collect witness statements, and build a strong case. If a government entity is involved (such as if the accident occurred due to a dangerous public walkway), you may face even shorter notice periods. To protect your rights and give your claim the best chance of success, consult an attorney as soon as possible after the incident.
