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Pedestrian Accident Attorney Serving Houston, Texas

According to the Texas Department of Transportation, in 2019, there were 1,831 possible injury crashes and 660 fatalities to pedestrians. Due to the lack of protection between motor vehicles and wayfarers, pedestrian accidents are often devastating. Such accidents can cause minor to catastrophic injuries, or sometimes even death.

If you or a family member were injured in a pedestrian accident caused by someone else's negligence, you may be entitled to recover damages. As an experienced personal injury attorney serving Texas and Southeast New Mexico, I can fight passionately to protect your rights and offer you the detailed guidance you need. I will help you pursue fair financial compensation to cover medical bills, lost income, future medical treatment, pain & suffering, or loss.

The Fostel Law Firm is a nationwide practice, and I will review your case free of charge.

Determining Liability in a Pedestrian Accident

An important aspect of seeking compensation after a pedestrian accident is to determine who was at fault. Texas is a "fault" state. Under this system, the person who caused the accident will pay for injuries and damages sustained by victims in the crash. To receive compensation for your injuries, you have to prove that:

  • The at-fault driver owed you a duty of care

  • The at-fault driver breached the duty of care owed

  • The at-fault driver’s negligence or carelessness caused your injuries

  • You suffered actual harm, bodily injuries, or someone died as a result of the accident



Driver's Responsibilities

In Texas, drivers owe a duty of care to other drivers, pedestrians, bicyclists, motorcyclists, and any other road user. According to the Texas Transportation Code Sec. 552.008, drivers are expected to:

  • Exercise due care to avoid colliding with a pedestrian on a roadway

  • Give warning by sounding the horn when necessary

  • Exercise proper precaution on observing a child or any obviously confused or incapacitated person on a roadway

  • Yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if there are no traffic control signals or the pedestrian is on the half of the roadway

If a driver's failure to exercise due care results in a pedestrian accident or injury, he or she may be found negligent.

Pedestrian's Responsibilities

Pursuant to Texas Transportation Code Sec. 552, pedestrians also have responsibilities when on or near a roadway including:

  • A pedestrian may not start to cross a roadway in the direction of a "Don't Walk" signal or a "Wait" signal.

  • A pedestrian facing a steady red signal alone or a steady yellow signal may not enter a roadway

  • A pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle

  • A pedestrian shall proceed on the right half of a crosswalk if possible

  • A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a point other than a crosswalk

  • A pedestrian may not walk along and on a roadway, if an adjacent sidewalk is provided and is accessible to the pedestrian

What Expenses Can My Damages Cover?

Texas uses a modified form of comparative negligence meaning that a victim will only receive compensation if it’s determined that the other individual (driver) was 51% or more responsible for the accident.

The available damages that may be recovered include:

  • Medical bills associated with the accident, including future medical treatment

  • Past and future lost wages, income, or other benefits

  • Disability expenses

  • Damaged property repair or replacement

  • Reduced earning capacity

  • Emotional distress or mental anguish

  • Damages for physical pain and suffering

  • Legal fees

  • Punitive damages

  • Wrongful death damages, when applicable

Hire Experienced Legal Counsel Today

Pedestrian accidents can have a significant impact on your physical, emotional, and financial health. However, you don't have to go through it alone. It is important to retain an experienced Texas personal injury attorney immediately to protect your rights and for proper guidance.

At The Fostel Law Firm, I have dedicated my career to providing outstanding legal services and compassionate representation in matters of personal injury and pedestrian accidents. As your legal counsel, I can help you:

  • Review your case and carry out a thorough investigation

  • Collect all required information, pieces of evidence, and gather the necessary documentation

  • Establish fault and liability

  • Determine and establish case-value

  • Handle all communication and negotiations on your behalf while you recover

  • Negotiate a fair financial settlement with the insurance company

  • Provide experienced representation in your personal injury or wrongful death lawsuit

I will fight passionately to protect your rights and ensure that the right people are held responsible.


If you or your loved one were hurt in a pedestrian accident, you may seek fair compensation. Contact The Fostel Law Firm today to schedule a free one-on-one case assessment. I will review your case and offer you the experienced legal guidance, advice, and support you need. I'm proud to represent pedestrian accident victims in Houston, Texas, and the Southeast New Mexico area.