Pedestrian accident cases tend to be heartbreaking and complex. The injuries are usually severe. The drivers often try to blame the victim. And the insurance companies count on pedestrians being unable to fight back from a hospital bed. That's where we come in.
Where pedestrian crashes happen
Pedestrian crashes don't just happen in crosswalks. The most common scenarios we see include:
- Crosswalk collisions — drivers turning right on red without yielding to walkers
- Parking lot accidents — backing vehicles, distracted drivers cutting through aisles
- Apartment complex pedestrian crashes — common with residential driveways
- School zones and bus stops — drivers ignoring lower speed limits
- Highway shoulders — broken-down drivers, joggers, cyclists hit by passing traffic
- Sidewalk encroachment — drivers leaving the roadway entirely
- Drunk driving incidents — disproportionately catastrophic for pedestrians
Fighting the victim-blame playbook
Insurance companies have a standard playbook for pedestrian cases: blame the pedestrian. They'll argue you stepped out of a crosswalk, weren't paying attention, were wearing dark clothing, were on your phone, or otherwise caused the crash yourself.
The reality is that drivers have an obligation to watch for pedestrians — especially in residential areas, near intersections, and anywhere foot traffic is foreseeable. We counter these tactics with:
- Surveillance footage from nearby businesses or traffic cameras
- Accident reconstruction showing the driver's field of view
- Witness statements documenting the actual sequence of events
- Driver phone records when distraction is suspected
- Traffic engineering analysis when intersection design contributed
Texas & New Mexico pedestrian law
Right of Way
Both states require drivers to yield to pedestrians in marked crosswalks and at intersections. Drivers must also exercise "due care" for pedestrians on roadways and sound horns when necessary to avoid collisions.
Statute of Limitations
2 years in Texas, 3 years in New Mexico for pedestrian injury claims.
Comparative Fault
If you were partially at fault (jaywalking, walking against a signal), you may still recover. Texas requires you to be less than 51% at fault. New Mexico allows recovery at any fault percentage, with award reduced by your share.
Government Liability
If poor crosswalk design, missing signage, or negligent road maintenance contributed to your crash, you may have a claim against a city or state agency. Important: government claims have much shorter notice deadlines — sometimes as short as 90 days. Call us immediately if this might apply.
Why pedestrian injuries are so severe
When a car hits a pedestrian at even moderate speeds, the human body is overwhelmingly outmatched. Common injuries include traumatic brain injuries, spinal damage, multiple fractures, internal organ damage, and catastrophic leg injuries from the bumper impact. Many pedestrian crash victims are thrown across the hood, the windshield, or onto the ground — adding secondary injuries.
Pedestrian fatalities are also more common than people realize. In wrongful death cases involving pedestrians, surviving family members have specific rights to recover under both Texas and New Mexico wrongful death statutes.
"You did everything right. You were just trying to cross the street. We make sure the driver pays for what they did."
If you've been hurt, don't wait. Call us now or fill out our free case review form. We listen, evaluate honestly, and tell you what we think — no obligation, no pressure.