Pedestrian Accidents Attorney

Getting hit by a car while walking isn’t something anyone plans for. You might be dealing with broken bones, time off work, or worse. The process after the accident is rarely straightforward. Between medical bills, calls from insurance, and not knowing who’s actually responsible, it’s a lot to manage. That’s where we come in. At L. Clayton Burgess, our pedestrian accident lawyers help people nationwide take legal action and push back when drivers don’t take responsibility.

Hit by a Car? You May Have a Case

Getting hit while walking can happen in a split second, but figuring out who’s at fault usually takes more time. Most pedestrian accidents come down to negligence, and identifying how it happened is the first step in building a claim. Below are some of the most common causes we see and how they relate to fault.

Distracted Driving

When drivers are looking at their phone, adjusting controls, or not paying attention, they often miss what’s right in front of them. If you were in a crosswalk or had the right-of-way, distracted driving can be clear evidence of negligence.

Speeding

A driver going too fast may not be able to stop in time—even if they see you. Speed also increases the severity of your injuries, which is something courts and insurers factor in when assigning fault.

Failure to Yield

Pedestrians have the right-of-way in many situations, especially at marked crosswalks. When drivers ignore that, they can be held responsible for the outcome.

Low Visibility or Poor Conditions

Bad weather, unlit streets, or blocked views don’t excuse a driver from being cautious. If the driver failed to adjust for the conditions, that can still be used to show liability.

Common Pedestrian Accident Scenarios

Not every pedestrian accident looks the same. While some happen at intersections, others take place in places you might not expect. Here are some of the most common scenarios we see and what makes them legally significant.

Crosswalk Incidents

Even when someone is in a marked crosswalk, drivers often fail to stop or slow down. If you were hit while legally crossing, there’s often a strong case for negligence—especially if the driver ignored traffic signals or didn’t yield.

Distracted Driving

Phone use, GPS input, and multitasking behind the wheel are major contributors to pedestrian accidents. When a driver isn’t looking up, they’re more likely to miss someone crossing or walking along the road, even in broad daylight.

Left-Turn Accidents

Drivers turning left at intersections may focus more on clearing traffic than checking for people walking. If they cut across while a pedestrian has the right-of-way, they’re often found at fault.

Speeding or Running Red Lights

When a driver is speeding or runs a red light, they have less time to react. These cases usually involve serious injuries and clear liability.

Parking Lot Collisions

In busy lots, drivers often back out without looking. Even at low speeds, these impacts can cause real harm.

Who Is Liable in a Pedestrian Accident?

Figuring out who’s responsible for a pedestrian accident often requires looking closely at the details. Liability can fall on more than just the person behind the wheel, depending on how and where the accident happened.

At-Fault Driver

Most often, the driver who hit the pedestrian carries the bulk of the responsibility. If they were speeding, distracted, or failed to yield, the law typically holds them liable for the harm caused.

Rideshare Drivers (Uber/Lyft)

If the driver was working for a rideshare company at the time, things get more complicated. Whether they were actively transporting a passenger or just logged into the app, liability might extend to the rideshare company itself, depending on the situation.

Commercial Vehicle Operators

When a pedestrian is hit by a delivery truck or work vehicle, the employer may also be on the hook. Companies are usually responsible for their drivers while they’re on duty, especially if safety rules weren’t followed.

Local Municipalities

Sometimes, poor crosswalk design or missing signage plays a role. If a city failed to maintain a safe walking environment, it may share responsibility—though claims against municipalities follow stricter procedures and deadlines.

Common Injuries in Pedestrian Accidents

When someone on foot is hit by a moving vehicle, the outcome is often serious. Unlike drivers, pedestrians don’t have any protection, which means even a low-speed crash can cause life-altering injuries. These are some of the most common types we see.

Traumatic Brain Injuries

A sudden blow to the head can lead to a traumatic brain injury (TBI), ranging from a mild concussion to permanent cognitive impairment. TBIs often require long-term treatment and can affect memory, speech, or personality.

Spinal Cord Injuries

Damage to the spine can lead to partial or total paralysis, depending on the location and severity. Recovery is rarely quick, and some people face lifelong mobility challenges after an accident involving spinal trauma.

Fractures and Orthopedic Trauma

Broken bones are extremely common in pedestrian accidents. Victims often suffer from fractured legs, hips, arms, or wrists, which may require surgery, pins, or plates—and in some cases, physical therapy just to regain basic movement.

Fatal Injuries and Wrongful Death Claims

Unfortunately, not all victims survive. When a loved one dies from their injuries, surviving family members may be able to bring a wrongful death claim to hold the responsible party accountable and recover damages.

What Compensation Can You Recover?

After a pedestrian accident, the financial and emotional impact can be overwhelming. Whether you’re dealing with mounting bills, time away from work, or a permanent injury, the law allows victims to seek compensation. Damages are generally divided into two categories: economic and non-economic.

Economic Damages

These are the measurable costs tied directly to your injuries.

Medical Bills: This includes emergency care, surgery, hospital stays, follow-up visits, prescription medications, assistive devices, and any future medical needs related to the accident.

Lost Wages: If you missed work while recovering, or if your injury affects your ability to return to your job, you may be entitled to recover the income you lost as well as projected future earnings.

Long-Term Rehabilitation or Disability: Severe injuries often require physical therapy, home modifications, or mobility equipment. When an injury leads to permanent disability, these costs can add up quickly.

Funeral Costs (in Fatal Cases): When a pedestrian accident results in death, surviving family members may be able to recover funeral and burial expenses through a wrongful death claim.

Non-Economic Damages

These cover the emotional and personal consequences of your injury.

Pain and Suffering: This includes the physical pain, emotional distress, and loss of enjoyment of life that often follow a serious pedestrian injury.

What to Do After a Pedestrian Accident

Taking the right steps after being hit by a car can make a major difference in your recovery and your legal claim. Acting quickly helps protect both your health and your ability to hold the right party accountable.

1. Seek Medical Attention: Even if you feel okay, you should get checked out right away. Some injuries don’t show symptoms until hours or even days later, and documenting everything from the start helps connect your injuries to the crash.
2. File a Police Report: A formal report creates a clear record of what happened. Be honest, give your statement calmly, and avoid guessing details if you’re unsure. That report can help establish who was at fault and serve as evidence if a claim is filed later.
3. Gather Witness Information: If anyone nearby saw what happened, get their contact information before they leave. Independent witnesses can help back up your version of events, especially if the driver tries to shift blame.
4. Avoid Speaking with Insurance Without Legal Advice: The other driver’s insurance company may call quickly, but it’s best not to give a recorded statement without a lawyer. Insurance adjusters often look for ways to reduce what they owe, and saying the wrong thing early on could hurt your case. A pedestrian accident lawyer can help you handle those conversations the right way and protect your rights from the start.

Why Hire L. Clayton Burgess?

When you’ve been hit by a car, choosing the right lawyer matters. L. Clayton Burgess brings the experience, reach, and personal attention needed to handle pedestrian injury cases across the country.

National Reach with Local Knowledge

Although we represent clients nationwide, we don’t treat your case like just another file. We take time to understand local laws, court systems, and how local traffic patterns may factor into what happened—because every location has its own challenges.

No Fee Unless We Win

We don’t ask for upfront payment. You won’t pay us anything unless we recover money for you. This gives you access to experienced legal help without having to take on extra financial stress during your recovery.

Personalized Legal Strategy

We never follow a one-size-fits-all approach. Whether your accident happened in a busy downtown crosswalk or a quiet neighborhood street, we adjust our strategy to match your circumstances. That means clearer answers, smarter decisions, and a case plan that reflects your needs.

Track Record of High-Value Settlements and Trial Wins

Insurance companies know we’re ready to go to trial. That often helps our clients recover more, whether their case settles or goes before a jury. We don’t cut corners, and we don’t push clients into low offers just to close a case quickly.

If you were hit as a pedestrian, L. Clayton Burgess can fight for the outcome you deserve.

Frequently Asked Questions (FAQs)

Below are the most common questions regarding pedestrian accidents: 

Can I still recover compensation if I was jaywalking?

Yes, you may still be able to recover compensation even if you were jaywalking. Texas follows a modified comparative fault system, which means your recovery can be reduced based on your share of fault, but you’re not automatically barred from filing. If you’re found to be less than 51% at fault, you could still recover a percentage of damages. Every situation is different, so even if you weren’t in a marked crosswalk, it’s worth speaking with an experienced lawyer to find out where liability truly falls and whether your case is still valid.

What if I was hit by a rideshare driver?

If the driver who hit you was working for Uber, Lyft, or another rideshare company, your claim could involve multiple layers of insurance. These companies provide additional coverage when drivers are logged into the app or actively transporting a passenger. That means the driver’s personal insurance might not be the only option. Sorting out who’s responsible often depends on the driver’s status at the time of the crash. Because these cases can get complicated fast, it’s important to have a lawyer who understands how to deal with rideshare liability and insurance coverage in Texas.

How long do I have to file a pedestrian injury claim?

In Texas, the deadline to file a pedestrian injury lawsuit is typically two years from the date of the incident. Missing that deadline could mean losing your right to pursue compensation, regardless of how strong your case is. There are some exceptions, especially if the injured person is a minor, but it’s best not to wait. Evidence can disappear and witness memories fade. Contacting a lawyer soon after the accident gives your legal team more time to investigate and build a solid claim while everything is still fresh.

Can I file on behalf of a child or elderly loved one?

Yes, you can pursue a claim on behalf of someone who can’t file for themselves, including minors or elderly family members. When a child is hurt in a pedestrian crash, a parent or legal guardian can file the case. If an elderly loved one is incapacitated or struggling with memory or mobility issues, the court may allow a family member to represent them. These types of cases often involve extra steps, including court approval for settlements, so it’s important to work with an attorney who understands how to handle them properly.

Contact a Pedestrian Accident Lawyer Today

Getting hit by a car can turn your life upside down, and you shouldn’t have to face the aftermath alone. At L. Clayton Burgess, we offer free consultations to anyone injured in a pedestrian accident, no matter where you live in the U.S. We’ll review what happened, explain your rights, and help you figure out whether you have a case worth pursuing. If you decide to move forward, you won’t owe us anything unless we win. 
Our team knows how to deal with insurance companies and defense attorneys, and we don’t back down when the stakes are high. Whether you’re recovering from serious injuries or trying to help a loved one after a devastating crash, we’re here to guide you every step of the way. You don’t have to guess what comes next—we’ll make sure you understand your legal options and get the support you need. Contact us today for a free consultation.

What Do You Do If You Have Been Hit By A Vehicle?

First, try not to panic. Without delay, move to a sidewalk or parking lot, out of the street.
Second, keep the driver at the scene with you. If they drive away, immediately try to get a picture of the vehicle. Try to get its license plate as well its make and model. If there are witnesses there, ask them to stay and get their information.
Definitely, call the police.
If they stayed, get the driver’s information and take pictures. Take as many pictures of the scene as possible. In the long run, there may be missing signs or a light that is malfunctioning or hard to see which could be very important in your case.
When the police get there, make sure they get your statement. Give the officer a complete account of the accident, without admitting fault.
Quickly seek medical attention, even if you don’t feel injured.
Call an attorney. Don’t try to file a claim without the help of a personal injury attorney. Insurance companies will try to get your account of the accident. Consequently, you could hurt your case by talking with them. Your attorney will help you with the process of filing your claim.
Finally, start documenting your related expenses. Your attorney is going to need any medical bills, work you missed, and receipts for medication.

If you have been the victim an accident Call Burgess Injury & Car Accident Lawyers. The initial personal injury consultation is no charge. If we agree to accept your case, we will work on a contingent fee basis.

Call Burgess Injury & Car Accident Lawyers Today!