Pearland Pedestrian Accident Lawyer

Pedestrians in Pearland are at risk of injury from motorists who do not follow the law or who are otherwise careless. In 2022, the number of pedestrian fatalities increased by nearly 30 percent, and a total of 1,526 individuals suffered serious injuries.

Pearland, TX is a beautiful city situated a short drive from Houston. It offers residents and visitors plenty of amenities that can be enjoyed on foot. These amenities include parks, walking trails like the Clear Creek Trail, and numerous stores and boutiques.

Though Pearland lacks the population of larger cities in Texas, it has the same traffic dangers. Pedestrians who are attempting to take advantage of the city’s features and attractions on foot can find themselves seriously injured when a motorist strikes them. 

If this has happened to you or your loved one, you need to call an experienced and attentive Pearland pedestrian accident attorney immediately. You may have legal rights, and your attorney can help you decide your next steps.

Why Choose DeHoyos Accident Attorneys as Your Pearland Pedestrian Accident Attorney?

Being struck by a vehicle as a pedestrian is not an automatic guarantee that you will receive compensation. If the driver or their insurance company denies responsibility for the accident, you must be prepared to go to court and fight for your compensation. 

Attorney Ryan DeHoyos from DeHoyos Accident Attorneys is your Pearland pedestrian accident attorney. He is ready to advocate for you.

With experience negotiating favorable settlements and securing verdicts in court, DeHoyos Accident Attorneys is equipped with the tools and skills necessary to present your case effectively. 

Our firm knows the importance of protecting your rights by thoroughly understanding the law and the unique facts of your case, and we will bring this dedication and knowledge to work for you in your pedestrian accident lawsuit.

Is the Driver Always at Fault in a Pedestrian Accident in Texas?

Outdated and incorrect advice says that a Texas driver who strikes a pedestrian is always at fault for the accident. However, this is not accurate. Pedestrians can be at fault, either partially or completely, in causing their pedestrian accidents. 

After any crash involving a pedestrian, attention needs to be paid to the actions of both the driver and the pedestrian.

When a pedestrian crosses the street in a marked crosswalk without a traffic signal, they generally have the right-of-way over all other traffic. If there is a traffic signal present, the pedestrian can cross when the signal indicates it is safe to do so. In this situation, traffic approaching the crosswalk and cars and trucks turning in the direction of the crosswalk must yield to pedestrians.

Pedestrians must generally yield the right-of-way to other traffic at all other places and times. They may cross only when it is safe, and they should cross the street quickly. Pedestrians who are hit after unexpectedly dashing or stumbling into the street may bear some of the responsibility for their accidents and resulting injuries.

Texas’s comparative negligence laws prevent a pedestrian who is primarily responsible for their own injuries from recovering any compensation. If they bear some blame for an accident, their compensation may be reduced to reflect this. 

Thus, it is important for injured pedestrians to hire an experienced Pearland pedestrian accident lawyer to protect their compensation award as much as possible.

What Classifies Someone as a Pedestrian?

The legal definition of a pedestrian in Texas is deceptively simple. Texas Transportation Code Section 541.001(3) defines a “pedestrian” as a “person on foot.” This definition encompasses individuals who are walking about on their own two feet. However, the term “pedestrian” covers more individuals than just these.

For example, people who need assistive or mobility devices to get around are also considered pedestrians. If someone is using a wheelchair or an electric mobility device, they are considered a pedestrian. Children using roller skates, scooters, and skateboards would also be considered pedestrians under the law.

Pedestrian Accident Types and Causes

There is no shortage of ways that you can be struck by a vehicle if you are a pedestrian. Your Pearland pedestrian accident lawyer with DeHoyos Accident Attorneys is equipped to help you if you have been hurt in one of the following types of accidents.

Crosswalk and Crossing Accidents

There are right-of-way laws in Texas that control when traffic must yield to pedestrians and when pedestrians must give the right-of-way to motorized traffic. Motorists who try to turn at an intersection without checking for pedestrians or who do not stop and wait for a pedestrian to finish crossing the street may cause an injury accident.

Parking Lot Accidents

Pedestrians are at risk of an accident in busy and crowded parking lots. Inattentive shoppers who are in a hurry to leave may back up without watching for nearby pedestrians. The force of these impacts may be small, but it can still be enough to knock you to your feet and cause a concussion.

Passing Accidents

Sometimes a vehicle stops to let a pedestrian cross the street. Drivers behind the stopped motorist cannot see the pedestrian and try to speed around the stopped car. When they see the person on foot, it is often too late to avoid a collision. These accidents can also occur with school buses and public transportation.

Hit-and-Run Accidents

Some motorists might fear the civil and criminal consequences of hitting a pedestrian. As a result, these motorists flee the scene before they can be identified. A hit-and-run pedestrian accident leaves you, the injured pedestrian, vulnerable physically and legally. 

Contact an attorney without delay to have the best chance at identifying the driver and recovering damages.

Common Injuries From Pedestrian Accidents

Pedestrians who are struck by vehicles or trucks will suffer considerably more damage than the vehicles that hit them. 

According to the National Association of City Transportation Officials, pedestrians who are hit at 30 miles per hour can suffer significant harm, and those who are struck by a vehicle going 40 miles per hour have a one-in-two chance of dying.

Some of the most common injuries pedestrians suffer following a motor vehicle strike include:

Concussions and Traumatic Brain Injuries (TBIs)

Pedestrians who are knocked to the ground or who roll on top of the car can hit their head, causing trauma to their brain. Mild head injuries like concussions may result in some momentary symptoms and a brief period of unconsciousness, but more serious head strikes can lead to severe, permanent brain damage.

When your brain is affected by blunt force trauma or by “whiplash” forces, you may notice painful and pervasive symptoms. These could include forgetfulness, seizures, and troubling mood swings.

Spine and Back Injuries

If you are struck from behind or land on your back, you could experience damage to your vertebrae, the muscles that support your back, or your spinal cord. In the case of trauma inflicted on the spinal cord, such damage can be temporary or permanent. In severe spinal cord injuries, you may be paralyzed in one or more of your arms and legs.

In less severe accidents, you might experience a herniated disc or damaged nerves that can make sitting and standing painful.

Broken Bones

Being knocked to the ground can result in broken bones — commonly a hip, leg, arm, or ankle bone. Older Americans and those with certain underlying medical conditions are more likely to suffer one or more broken bones in a pedestrian accident. 

Once broken, a bone may not heal for weeks or months, and some fractures need surgery and the implantation of rods in order for the broken bones to heal properly.

Although most broken bones will heal with time and appropriate medical intervention, they can nonetheless be painful injuries. They can also limit your ability to work and walk, leading to lost wages and a decline in your quality of life.

Internal Organ Damage and Bleeding

Sometimes the injuries you sustain following a pedestrian accident are not readily visible. Nonetheless, internal bleeding and organ damage can be life-threatening if you do not obtain immediate medical care.

Texas Pedestrian Laws

Like motorists and motorcyclists, pedestrians are subject to traffic laws. These laws, found in Section 552 of the Transportation Code, are meant to control the movement of foot and motor vehicle traffic and keep pedestrians safe. They include the following:

Crossing at a Controlled Crosswalk

When a traffic signal controls a crosswalk, pedestrians must obey the signals and use the crosswalk only when they have a green light or a “Walk” indication. They have the right-of-way in that situation, and all other traffic must yield to them.

Crossing at Uncontrolled Crosswalks

Where there is no light or signal, pedestrians must wait until it is safe before starting to use the crosswalk. A pedestrian does have the right-of-way over any traffic that is traveling on the same half of the street that the pedestrian is using.

Crossing Outside of a Crosswalk

Pedestrians may jaywalk and cross the street where they choose, but they do not have the right-of-way. Instead, they must wait for traffic to clear and may cross when they can safely do so. Pedestrians may not dart out into the street without first looking to ensure it is safe.

Using Sidewalks

Finally, when there is a sidewalk available, pedestrians are not allowed to walk on the road. Instead, they must use the sidewalk and stay out of the road until they are ready to cross it.

Violating these laws can lead to a pedestrian accident and affect your right to recovery. You may still be entitled to compensation, however, so don’t hesitate to contact a pedestrian accident attorney in Pearland, TX, to discuss your situation.

Do I Have a Viable Pedestrian Accident Case?

There are many sights to see and places to visit on foot in Pearland, including those around Pearland’s town center. These include nearby Centennial Park and the Sri Meenakshi Temple Society on McLean Road. You might also enjoy visiting the Delores Fenwick Nature Center on Magnolia Parkway. 

These popular places offer different things to see and do, but a pedestrian accident can occur at any one of them. 

When you are traveling by foot and struck by a motor vehicle in Pearland, your first question will likely be, “Do I even have any legal rights?” This is a question best answered by a skilled Pearland pedestrian accident attorney. 

Your attorney will want to review the evidence of your case to determine your legal rights. Such evidence includes:

• Your medical records
• Witness statements from bystanders who saw the accident
• Any statements by the driver that were recorded or overheard
• Diagrams and photographs of the accident scene that can show precisely where you were hit and where you were crossing

While pedestrians do not always have the right-of-way when crossing a Texas road, they often have some right to compensation. After reviewing all of the available information in your case, your pedestrian accident lawyer in Pearland from DeHoyos Accident Attorneys can give you advice about how to proceed. 

Contact DeHoyos Accident Attorneys

If you or a loved one has been injured in any type of pedestrian accident, you have legal rights. Let the team at DeHoyos Accident Attorneys come to your aid and advocate for your interests. Our Pearland pedestrian accident lawyer Ryan DeHoyos has helped numerous injury victims and pedestrians receive the just compensation they deserve, and he is ready to step up and help you as well. Contact us today for a free consultation.