Pedestrians are among the most vulnerable people on Texas roads. Without the protection of a vehicle, even a collision at low speed can cause devastating injuries, long-term disability, or loss of life. If you or a loved one has been struck by a negligent driver in Carrollton, you need experienced legal support.
At O’Hare and Koch, our experienced attorneys zealously advocate for injured pedestrians, pursuing accountability and compensation for their losses.
How Do Pedestrian Accidents Happen?
According to the Texas Department of Transportation, pedestrian traffic fatalities increased by 22% in Texas from 2019 to 2023. While pedestrians account for only about 1 % of all traffic crashes, they make up about 19 % of total roadway deaths.
These crashes frequently result from a combination of driver inattention, failure to yield, speeding, impaired driving, and poor lighting. Crashes involving pedestrians are often preventable and demand careful investigation. TxDOT created a statewide Pedestrian Safety Action Plan (PSAP) to identify high-risk roadway segments and guide safety countermeasure strategies.
Pedestrian accidents often result from a driver’s negligence or inattention. Common causes include:
- Distracted driving: Motorists texting or not paying attention to the road
- Failure to yield: Drivers rushing through crosswalks or turning without looking
- Speeding: Faster speeds reduce reaction time and increase injury severity
- Impaired driving: Alcohol or drug use makes it harder to avoid pedestrians
- Poor visibility: Night driving, bad weather, or inadequate street lighting
- Unsafe backing: Cars leaving driveways or parking lots without checking
Every one of these accidents is preventable when drivers exercise proper caution.
What Compensation Can You Claim After a Pedestrian Accident?
Compensation varies depending on the nature and severity of the injuries, as well as their long-term effects. Under Texas law, recovery may include:
- Medical expenses: ER treatment, hospital stays, rehabilitation, and ongoing care
- Lost wages and diminished earning capacity: reduced short and/or longterm income
- Property damage: Such as broken personal items from the collision
- Physical pain and suffering: quite simply, injuries hurt and cause significant discomfort
- Emotional distress: anxiety, fear or distress resulting from pedestrian accidents
- Disfigurement: Scarring and other visible injuries
- Disabilities: Long-term or permanent impairments
- Loss of enjoyment of life: Activities you can no longer fully participate in
If a loved one was killed, surviving family members may also pursue wrongful death damages. See our case results for examples of real outcomes.
Who May Be Liable After a Pedestrian Accident?
While negligent drivers are most often responsible, other parties may also be held accountable:
- Employers of delivery or commercial drivers
- Road maintenance contractors or government entities, if unsafe conditions contributed
- Vehicle or parts manufacturers, if defective brakes, tires or other components played a role
- Property owners who failed to maintain safe sidewalks, parking lots, or lighting
Texas Comparative Fault in Pedestrian Cases
Under Chapter 33 of the Texas Civil Practice & Remedies Code, Texas uses a comparative fault rule that allows partial recovery for injured parties, provided they are not more than 50% at fault for the accident. In other words, you may still recover damages if you are partially at fault, but your recovery may be reduced by your percentage of responsibility. If you are more than 50% at fault, you may not be able to recover.
Drivers and insurers often argue that pedestrians “darted out” into the street or “weren’t in the crosswalk.” Our attorneys know how to challenge these assertions and protect your right to fair compensation.
Statute of Limitations in Texas Pedestrian Claims
Under Texas law (Tex. Civ. Prac. & Rem. Code §16.003), pedestrian accident lawsuits must be filed within two years of the accident. Because evidence like surveillance video, skid marks, or witness memories can fade quickly, acting promptly is the best way to protect your claim.
How O’Hare and Koch Fights for Injured Pedestrians
Our firm takes a proactive, thorough approach to pedestrian accident cases. We:
- Investigate the scene, securing photos, video, and witness accounts
- Work with doctors and experts to document the full extent of injuries
- Fight insurance company tactics designed to undervalue your claim
- Prepare for trial from day one to maximize negotiation leverage
Schedule a Free Consultation with a Personal Injury Law Firm Serving Carrollton
If you or a loved one has been injured as a pedestrian in Carrollton or surrounding communities like Farmers Branch, Coppell, Lewisville, Irving, and Dallas, don’t wait to seek legal help. At O’Hare and Koch, we provide compassionate advocacy and clear legal guidance from the start. There are no upfront costs, and you owe nothing unless we recover compensation.
Contact us today for a free consultation with a Carrollton pedestrian accident lawyer willing to fight hard for your rights