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When a pedestrian is struck by a vehicle in Texas, the injuries can be devastating. Victims often suffer severe harm, including broken bones, traumatic brain injuries, spinal cord damage, and even fatalities. If you or a loved one has been injured in a pedestrian accident, proving driver negligence is essential to securing compensation for medical expenses, lost wages, pain and suffering, and other damages.
At Charles J. Argento, our Houston personal injury lawyer understands the complexities of Texas personal injury law and how to establish liability in pedestrian accident cases. Here’s what you need to know about proving driver negligence and protecting your legal rights.
Understanding Negligence in a Texas Pedestrian Accident
Negligence occurs when a driver fails to exercise reasonable care, resulting in harm to another person. In Texas, pedestrians have the right of way in crosswalks and intersections, but drivers must still operate their vehicles safely to avoid causing injuries.
To establish negligence in a pedestrian accident, you must prove the following four elements:
- Duty of Care – The driver was legally obligated to operate their vehicle safely and follow traffic laws.
- Breach of Duty – The driver violated that duty through reckless or careless actions, such as speeding, failing to yield, or driving under the influence.
- Causation – The driver’s negligence directly caused the accident and the pedestrian’s injuries.
- Damages – The pedestrian suffered actual harm, including medical bills, lost income, and pain and suffering.
Common Forms of Driver Negligence in Pedestrian Accidents
Several types of driver negligence commonly contribute to pedestrian accidents in Texas, including:
- Distracted Driving – Texting, talking on the phone, or adjusting a GPS while driving can lead to inattention and failure to notice pedestrians.
- Speeding – Drivers traveling at excessive speeds may be unable to stop in time to avoid hitting a pedestrian.
- Failure to Yield – Texas law requires drivers to yield to pedestrians at crosswalks and intersections. Ignoring this law often leads to severe accidents.
- Running Red Lights or Stop Signs – Disobeying traffic signals can cause devastating collisions with pedestrians lawfully crossing the street.
- Drunk or Drug-Impaired Driving – Alcohol and drugs impair judgment and reaction time, increasing the likelihood of hitting a pedestrian.
How to Prove Driver Negligence in a Pedestrian Accident Case
Proving negligence requires strong evidence.
Our skilled Houston personal injury attorney can help gather and present the following key forms of proof:
Law enforcement officers responding to the accident typically file a police report detailing their observations and any citations issued to the driver. This document can serve as crucial evidence of negligence.
- Eyewitness Testimony
Statements from people who saw the accident can help establish that the driver was speeding, failed to yield, or was distracted at the time of the crash.
- Surveillance or Dashcam Footage
Video evidence from traffic cameras, nearby businesses, or dashcams can provide undeniable proof of the driver’s actions before and during the accident.
- Accident Reconstruction
In complex cases, accident reconstruction experts can analyze the scene, vehicle damage, and other evidence to determine how the crash occurred and whether the driver was at fault.
- Medical Records
Medical documentation connects the pedestrian’s injuries to the accident and proves the severity of harm suffered, supporting the compensation claim.
- Cell Phone Records
If distracted driving is suspected, obtaining the driver’s cell phone records can show whether they were texting or using their phone during the crash.
- Toxicology Reports
If the driver was under the influence of alcohol or drugs, toxicology test results can prove impairment, strengthening the pedestrian’s claim.
Why You Need an Experienced Houston Pedestrian Accident Attorney
Insurance companies often try to blame the pedestrian or minimize the driver’s responsibility to avoid paying full compensation. At Charles J. Argento & Associates, we fight aggressively to hold negligent drivers accountable and secure the compensation our clients deserve.
If you or a loved one has been injured in a pedestrian accident in Texas, Call (713)-225-5050 or contact us online today for a free consultation. We are here to protect your rights and pursue justice on your behalf.