Dedicated Legal Representation for Pedestrian Accident Victims in El Paso and West Texas
When a vehicle strikes a pedestrian, the results are almost always devastating. Unlike drivers and passengers protected by steel frames, airbags, and seatbelts, pedestrians have nothing between them and a multi-ton vehicle traveling at speed. Even a car moving at just 20 miles per hour can cause life-threatening injuries to someone on foot.
If you or a loved one was hit by a vehicle while walking, crossing the street, or simply standing on a sidewalk, you may be entitled to significant compensation. Drivers have a legal duty to watch for pedestrians and yield the right of way in many situations. When they fail to do so, they should be held accountable.
At DJC Law, our El Paso pedestrian accident attorneys have helped victims across West Texas recover compensation for their injuries. We understand the unique challenges these cases present and fight to ensure injured pedestrians get the justice they deserve.
Contact us today for a free consultation. We’ll review your situation, explain your legal options, and help you understand what your claim might be worth.
Why Pedestrian Accident Cases Are Different
Pedestrian accident claims involve unique legal and practical considerations that set them apart from typical vehicle-on-vehicle collisions.
The injuries are almost always more severe. A pedestrian struck by a car absorbs the full force of impact with no protection whatsoever. What might be a minor fender-bender between two vehicles becomes a catastrophic or fatal injury when a pedestrian is involved.
Insurance companies often try to blame the pedestrian. Even when a driver clearly failed to yield, insurers frequently argue that the pedestrian was jaywalking, distracted by their phone, or otherwise contributed to the accident. These tactics require aggressive pushback.
Texas pedestrian laws create specific rights and responsibilities. Understanding when pedestrians have the right of way—and when they don’t—is essential to building a strong case.
You need an attorney who understands these complexities and knows how to fight for pedestrian victims.
Why El Paso Families Trust DJC Law
Choosing the right legal team after a serious pedestrian accident can significantly impact your recovery. Here’s what sets our firm apart.
We Fight for Vulnerable Victims
Pedestrians are among the most vulnerable road users. When insurance companies try to shift blame onto injured pedestrians, we push back aggressively and fight to protect your rights.
No Fee Unless We Win
We handle pedestrian accident cases on contingency. You pay nothing upfront and owe us nothing unless we successfully recover compensation for you. This lets you focus on healing while we focus on your case.
Direct Access to Your Attorney
You won’t get passed around to different staff members or left wondering about your case status. Our attorneys stay personally involved from start to finish and keep you informed every step of the way.
Prepared to Go to Trial
Insurance companies know which law firms will actually take cases to court. Our willingness to go to trial when necessary often motivates insurers to offer fair settlements rather than risk a jury verdict.
Pedestrian Safety in El Paso
El Paso presents unique challenges for pedestrians. Our sprawling urban landscape, wide arterial roads, and car-centric infrastructure can make walking dangerous—especially in areas where crosswalks are sparse and drivers aren’t accustomed to watching for people on foot.
Add in distracted driving, speeding, and drivers who fail to yield at crosswalks, and the result is far too many preventable pedestrian accidents every year.
When drivers fail to exercise the care that pedestrians deserve, they should be held responsible for the harm they cause.
Dangerous Areas for Pedestrians in El Paso
Certain roads and intersections in our city see a disproportionate number of pedestrian accidents. Our attorneys have represented victims injured at many of these locations.
Mesa Street combines heavy traffic with commercial areas that draw pedestrian activity. Drivers turning into driveways and parking lots often fail to watch for people on foot.
Montana Avenue features busy intersections and crosswalks where drivers frequently fail to yield to pedestrians.
Dyer Street sees significant pedestrian traffic near shopping centers and restaurants, creating constant conflict between vehicles and people walking.
Downtown El Paso has higher pedestrian activity, but drivers unfamiliar with urban walking patterns sometimes fail to watch for people crossing streets.
Areas near schools and parks present particular dangers for children walking to and from school or recreational activities.
Parking lots throughout the city are common locations for pedestrian accidents, as drivers backing out of spaces or cutting through lots may not see people walking.
Understanding local traffic patterns and pedestrian hazards helps us investigate what happened in your case and identify contributing factors.
Common Causes of Pedestrian Accidents
Most pedestrian accidents are caused by driver negligence. The most common causes we see include:
- Failing to yield to pedestrians in crosswalks
- Distracted driving and cell phone use
- Running red lights or stop signs at intersections
- Turning without checking for pedestrians
- Speeding, especially in areas with pedestrian activity
- Drunk or impaired driving
- Backing up without looking, especially in parking lots
- Failing to stop for school buses
- Ignoring school zone speed limits
- Driving too fast for conditions in rain or low visibility
- Passing vehicles stopped for pedestrians
- Aggressive driving near crosswalks and intersections
Drivers have a duty to watch for pedestrians and exercise caution in areas where people might be walking. When they fail to meet this basic responsibility, they should be held accountable.
Types of Pedestrian Accidents We Handle
Pedestrian accidents take many forms, each presenting unique challenges when pursuing compensation.
Crosswalk accidents occur when drivers fail to yield to pedestrians legally crossing the street. Texas law requires drivers to stop for pedestrians in marked and unmarked crosswalks.
Intersection accidents happen when drivers making turns don’t check for pedestrians or run red lights while people are crossing.
Parking lot accidents involve drivers backing out of spaces, cutting through lots, or failing to watch for people walking to and from vehicles.
Backing-up accidents occur in driveways, parking lots, and streets when drivers fail to check behind their vehicles before reversing.
Hit-and-run accidents leave pedestrian victims with severe injuries and a driver who fled the scene. These cases require thorough investigation to identify the responsible party.
Sidewalk accidents happen when drivers lose control and jump curbs, striking pedestrians in places that should be safe.
School zone accidents involve children struck near schools, often by drivers speeding or not watching for young pedestrians.
Whatever type of pedestrian accident you were involved in, our team has the experience to handle your case.
Serious Injuries in Pedestrian Accidents
Without any protection from the impact, pedestrians struck by vehicles often suffer catastrophic injuries. Even at relatively low speeds, the force involved can cause devastating harm.
Common pedestrian accident injuries include:
- Traumatic brain injuries from striking the vehicle or pavement
- Spinal cord injuries and paralysis
- Multiple broken bones and fractures
- Crushed or shattered pelvis
- Internal organ damage and internal bleeding
- Severe lacerations and road rash
- Knee and leg injuries
- Amputation and loss of limbs
- Facial injuries and disfigurement
- Permanent scarring
- Post-traumatic stress disorder
- Wrongful death
Many pedestrian accident survivors require multiple surgeries, extensive rehabilitation, and long-term care. Some injuries result in permanent disabilities that affect every aspect of daily life.
Children and Elderly Pedestrians
Children and elderly adults face heightened risks as pedestrians and often suffer the most severe consequences when struck by vehicles.
Children may dart into streets unexpectedly, have difficulty judging vehicle speeds and distances, and may not fully understand traffic rules. Their smaller size also makes them harder for drivers to see and more vulnerable to serious injury. Drivers have a heightened duty of care in areas where children are likely to be present, such as near schools, parks, and residential neighborhoods.
Elderly pedestrians may move more slowly, have difficulty hearing approaching vehicles, or be less able to react quickly to dangerous situations. They’re also more likely to suffer severe injuries—including hip fractures and head trauma—that can be life-threatening at advanced ages.
When pursuing claims on behalf of child or elderly victims, we work to ensure compensation fully accounts for the unique impact of their injuries.
Texas Pedestrian Laws
Understanding Texas pedestrian laws is important for both establishing liability and anticipating defenses the insurance company might raise.
Crosswalk right of way: Texas law requires drivers to yield to pedestrians in marked crosswalks and at intersections. Pedestrians have the right of way when crossing with a green light or “walk” signal.
Unmarked crosswalks: Even without painted lines, crosswalks exist at most intersections. Drivers must still yield to pedestrians crossing at these locations.
Pedestrian responsibilities: Pedestrians must obey traffic signals and, when crossing outside a crosswalk, must yield to vehicles. However, this doesn’t excuse drivers from their duty to exercise care and avoid hitting pedestrians.
Driver duties: Texas law requires drivers to exercise due care to avoid colliding with pedestrians, to give warning by sounding their horn when necessary, and to exercise proper precaution when observing a child or incapacitated person on the roadway.
Even when a pedestrian technically violates a traffic law, drivers remain responsible for exercising reasonable care. A driver who sees a pedestrian—or should see one—cannot simply run them down and claim it was the pedestrian’s fault.
Who Can Be Held Liable for a Pedestrian Accident?
Depending on the circumstances, several parties might share responsibility for your injuries:
Negligent drivers who struck you through careless or reckless behavior—failing to yield, running lights, distracted driving, speeding, or driving impaired.
Employers can be held liable when their employee causes an accident while working, such as a delivery driver, commercial vehicle operator, or rideshare driver.
Vehicle manufacturers may bear responsibility if a defect—such as faulty brakes or a malfunctioning backup camera—contributed to the accident.
Government entities may be liable for dangerous road conditions, missing crosswalks, broken traffic signals, inadequate lighting, or other infrastructure failures that contributed to the accident.
Property owners could share responsibility if hazardous conditions on their property—such as obstructed sightlines or poorly designed parking lots—contributed to the accident.
Bars and restaurants that over-serve visibly intoxicated customers can be held accountable under Texas dram shop laws if that person then causes an accident.
Our attorneys investigate every potential source of liability to maximize your compensation.
Hit-and-Run Pedestrian Accidents
Being struck by a driver who flees the scene adds another layer of trauma to an already devastating situation. Unfortunately, hit-and-run accidents involving pedestrians are far too common.
If the driver who hit you fled, you still have options for compensation:
Investigation to identify the driver: Police investigations, surveillance footage, witness accounts, and forensic evidence can sometimes identify hit-and-run drivers. Once identified, they can be held fully accountable.
Uninsured motorist coverage: If you have auto insurance with uninsured motorist (UM) coverage, it may cover your injuries from a hit-and-run accident—even though you were a pedestrian, not driving at the time.
Household policies: If you don’t have your own auto insurance, a policy held by a family member you live with may provide coverage.
Our attorneys help hit-and-run victims explore every avenue for compensation, working with investigators to identify responsible drivers and pursuing insurance claims when the driver can’t be found.
Compensation Available to Pedestrian Accident Victims
Given the severity of injuries in most pedestrian accidents, victims often face enormous financial losses. Texas law allows you to pursue compensation for:
- Medical expenses: Emergency care, surgeries, hospital stays, rehabilitation, medications, assistive devices, and future medical needs
- Lost income: Wages lost during recovery and any reduction in your future earning capacity
- Pain and suffering: Physical pain and emotional distress caused by the accident and your injuries
- Disability: Compensation for permanent impairments and their impact on your life
- Disfigurement: Compensation for scarring and permanent physical changes
- Loss of enjoyment of life: When injuries prevent you from participating in activities you once enjoyed
- Loss of consortium: Impact on your relationship with your spouse
If a loved one was killed in a pedestrian accident, surviving family members may be entitled to pursue a wrongful death claim for funeral expenses, lost financial support, and the profound loss they’ve experienced.
Texas Comparative Fault in Pedestrian Accidents
Texas follows a modified comparative negligence system. You can still recover compensation even if you were partially at fault for the accident—as long as your share of responsibility doesn’t exceed 50%.
If you’re found partially at fault, your compensation gets reduced by your percentage of responsibility. For example, if you’re 20% at fault and your damages total $500,000, you’d recover $400,000.
Insurance companies routinely try to shift blame onto pedestrian victims. They may claim you were jaywalking, distracted by your phone, wearing dark clothing at night, or otherwise contributed to the accident. These arguments are often exaggerated or unfair—and even when partially valid, they don’t excuse the driver’s negligence.
Our attorneys work to minimize any fault assigned to you, protecting your right to full compensation.
What If I Wasn’t in a Crosswalk?
Insurance companies love to argue that pedestrians struck outside crosswalks were “jaywalking” and therefore at fault for their injuries. This oversimplifies the law and ignores drivers’ responsibilities.
While pedestrians crossing outside crosswalks must yield to vehicles, drivers still have a duty to exercise due care to avoid hitting pedestrians. A driver who sees—or should see—a pedestrian in the roadway cannot simply hit them and claim it was legal.
Crossing outside a crosswalk might reduce your compensation through comparative fault, but it rarely eliminates your claim entirely. If the driver was speeding, distracted, impaired, or otherwise negligent, they bear significant responsibility regardless of where you were crossing.
Don’t let insurance company arguments discourage you from pursuing your claim. Our attorneys know how to counter these tactics and fight for the compensation you deserve.
Dealing with Insurance Companies
After a pedestrian accident, you may hear from the driver’s insurance company. They might sound concerned and helpful, but their goal is to minimize what they pay—and blaming the pedestrian is one of their favorite tactics.
Insurance adjusters may ask for recorded statements, hoping you’ll say something they can use against you. They may claim you were jaywalking, distracted, or otherwise at fault. They may offer quick settlements that fall far short of what your case is worth.
Before speaking with any insurance representative, talk to an attorney first. We handle all communications with insurers on your behalf and protect you from tactics designed to undermine your case.
Steps to Take After a Pedestrian Accident
If you’ve been struck by a vehicle, taking the right steps can protect both your health and your legal rights:
- Get medical attention immediately. Your health comes first, and prompt treatment creates important documentation of your injuries. Call 911 if you’re seriously hurt.
- Stay at the scene if possible. Wait for police to arrive and file a report. Get the driver’s information, including name, contact details, insurance, and license plate number.
- Document the scene. If you’re able, take photos of the location, the vehicle, any visible injuries, traffic signals, and crosswalk markings.
- Get witness information. Witnesses can provide crucial testimony about what happened, especially regarding whether you had the right of way.
- Don’t admit fault. Even apologizing or saying you didn’t see the car can be used against you later.
- Contact an attorney as soon as possible. An experienced pedestrian accident lawyer can protect your rights and begin building your case right away.
How Our El Paso Pedestrian Accident Lawyers Help
Pedestrian accident cases require an attorney who understands the unique challenges these victims face. Our team handles every aspect of your claim so you can focus on recovery.
We investigate the accident thoroughly, gathering evidence that demonstrates the driver’s negligence. We obtain police reports, surveillance footage, witness statements, and any other evidence that supports your claim.
We counter insurance company tactics that try to blame pedestrians for their own injuries. We work with accident reconstruction experts when needed to prove exactly what happened.
We identify all potentially liable parties and pursue every available source of compensation. We work with medical specialists to document your injuries and calculate your current and future losses.
We negotiate aggressively with insurance companies and don’t accept lowball offers. If they won’t offer fair compensation, we’re fully prepared to take your case to trial.
Frequently Asked Questions
How long do I have to file a pedestrian accident lawsuit in Texas?
Texas law gives you two years from the date of the accident to file a personal injury lawsuit. For claims involving children, the deadline may be extended. However, evidence can disappear and memories fade, so contacting an attorney as soon as possible is important.
Can I still recover compensation if I wasn’t in a crosswalk?
Yes. While crossing outside a crosswalk may affect your percentage of fault, it doesn’t automatically bar you from recovering compensation. Drivers still have a duty to exercise care and avoid hitting pedestrians, regardless of where they’re crossing.
What if the driver left the scene?
Hit-and-run victims still have options. If the driver can be identified through investigation, they can be held fully accountable. If not, your own uninsured motorist coverage may provide compensation for your injuries.
How much does it cost to hire a pedestrian accident attorney?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for you. This allows you to pursue your claim without financial risk.
What if the driver claims they didn’t see me?
Failing to see a pedestrian is not a defense—it’s evidence of negligence. Drivers have a duty to watch for pedestrians and exercise due care. If they weren’t paying attention, that’s their fault, not yours.
Can I file a claim if I don’t have health insurance?
Yes. Your right to compensation doesn’t depend on having health insurance. The at-fault driver’s liability insurance should cover your medical expenses, and we can help you find medical providers who will treat you while your case is pending.
Contact Our El Paso Pedestrian Accident Attorneys Today
If you were seriously injured after being struck by a vehicle, you need an attorney who will fight for your rights—not one who will accept the insurance company’s attempts to blame you for your own injuries.
At DJC Law, our El Paso pedestrian accident lawyers understand the devastating impact these accidents have on victims and their families. We’ll work tirelessly to hold negligent drivers accountable and get you the compensation you need to move forward.
Contact us today for a free consultation. We’ll review your case, explain your options, and help you take the first step toward recovery.
