There's no metal frame protecting a pedestrian. When a driver fails to yield or keep a proper lookout, the injuries are often severe.
Texas law requires drivers to yield to pedestrians in marked and unmarked crosswalks and to keep a proper lookout at all times, not just at intersections. When a driver is distracted, speeding, or fails to yield, the pedestrian usually has little to no ability to avoid the collision.
If a pedestrian was crossing outside of a crosswalk, that fact alone doesn't eliminate a claim. Texas follows a modified comparative negligence rule — you can still recover damages as long as you're found less than 51% at fault, with your recovery reduced by your share of responsibility. Every case depends on its specific facts.
Without a vehicle's frame, airbags, or seatbelt to absorb impact, pedestrian accident injuries are frequently catastrophic — fractures, spinal injuries, and traumatic brain injury are common even at moderate vehicle speeds. Recovering fair compensation means accounting for the real, long-term cost of that kind of injury, not just the immediate medical bills.
Drivers have a legal duty to yield to pedestrians in crosswalks and to keep a proper lookout. Fault often comes down to whether the driver failed that duty, though comparative fault can apply.
Possibly. Texas follows a modified comparative negligence rule, so you can still recover damages as long as you're found less than 51% at fault.
Pedestrians have no protection at all in a collision with a vehicle, so injuries tend to be significantly more severe.
If you or someone you love has been hurt, don't guess at what your claim is worth. Get a straight answer.