Being struck by a vehicle as a pedestrian is one of the most terrifying and physically devastating events a person can experience. Pedestrians have no protection whatsoever — no crumple zones, no airbags, no seatbelt. The results are predictably severe: broken bones, internal bleeding, head trauma, spinal injuries, and long recovery periods that can mean months away from work and a permanent change to your quality of life. If a driver struck you while you were on foot, Texas law gives you the right to pursue full compensation for what you have been put through.
Many pedestrian accident victims are wrongly told by insurance adjusters that they share blame for the crash because they were "in the street." Texas's modified comparative fault law does allow fault to be apportioned, but drivers have a heightened duty of care toward pedestrians — particularly in crosswalks, school zones, and marked pedestrian areas. The fact that you were legally crossing the street is a powerful fact in your favor, and even in situations where the crossing was less clear, an experienced attorney can often mount a strong liability case.
At The Garza Law Firm, we have represented pedestrians struck by negligent drivers, distracted motorists, and even government vehicles in San Antonio for over five decades. We fight to hold those drivers and their insurance companies fully accountable.
Key Facts About Pedestrian Accidents in Texas
NHTSA data show that a pedestrian is killed in a traffic crash every 75 minutes in the United States — and pedestrian fatalities account for 17% of all traffic deaths nationally.
TxDOT reports that Texas consistently records more than 700 pedestrian fatalities per year, with the highest concentrations in urban areas including San Antonio.
Drivers in Texas are required by law (Tex. Transp. Code § 552.003) to yield the right-of-way to pedestrians in a crosswalk — failure to do so when a pedestrian is struck creates strong liability for the driver.
Distracted driving — texting, app use, and other phone-related behaviors — is a leading cause of pedestrian fatalities. NHTSA studies link cell phone use to a 400% increase in time with eyes off the road.
Pedestrian injuries commonly include traumatic brain injury, pelvic fractures, lower extremity fractures, and internal organ damage — injuries that often require surgery, long-term rehabilitation, and can result in permanent disability.
Common Questions About Pedestrian Accidents
I was not in a crosswalk when I was hit. Can I still recover damages?
Yes, depending on the circumstances. Drivers always have a duty to exercise reasonable care to avoid striking pedestrians, regardless of location. If the driver was speeding, distracted, or impaired, liability can still be established even outside a marked crosswalk.
The driver's insurer says I was 'jaywalking' and is reducing my claim. What can I do?
Under Texas's comparative fault rules, even if you bear some responsibility, you can still recover as long as your fault is 50% or less — your damages are simply reduced by your percentage. We challenge inflated fault assignments and ensure any apportionment reflects the actual evidence.
What if I was hit in a parking lot — is that covered?
Yes. Parking lot accidents involving pedestrians are covered under Texas personal injury law. Drivers owe a duty of care in parking lots just as they do on public roads. We investigate both the driver and, where applicable, the property owner if poor lighting or inadequate signage contributed to the accident.
My medical bills are already very high. How does compensation work?
You can recover all past medical expenses, projected future medical costs (including surgery, physical therapy, and assistive devices), lost wages, future earning capacity, and pain and suffering. We work with medical professionals to document the full financial impact of your injuries.
You Don't Have to Figure This Out Alone
When you hire The Garza Law Firm, we guide you through every step of the legal process so you can focus on what matters most — your recovery.
Free Case Review
We meet with you (in person, by phone, or at your bedside if necessary) to understand exactly what happened, review any documentation, and give you an honest picture of your legal options.
Scene Documentation
We investigate the accident scene, obtain surveillance footage from nearby businesses or traffic cameras, and gather physical evidence that establishes how and where the collision occurred.
Driver Investigation
We research the driver's history, obtain their cell phone records where possible, and determine whether alcohol, distraction, or prior violations played a role in the crash.
Comprehensive Medical Review
Pedestrian injuries are often severe and have long-term consequences. We work with your physicians and, where necessary, life care planners and vocational experts to fully quantify your current and future medical needs.
Insurance Demands & Negotiation
We submit a detailed demand to the at-fault driver's insurer and negotiate firmly for compensation that covers every element of your damages. We do not accept first offers designed to close your case cheaply.
Litigation if Needed
If the insurer will not pay what your case is worth, we file suit and take the case to trial. Pedestrian cases often have compelling facts, and juries in San Antonio recognize the harm done when drivers fail to watch for people on foot.
Ready to Discuss Your Case?
Contact The Garza Law Firm today for a free, no-obligation consultation. There is no fee unless we win.
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