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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Pedestrian Accident in Texas  

Pedestrian accidents are often a sad and painful reality, leaving victims with long-lasting injuries and traumatic memories.


Whether it's a bustling city street or a quiet neighborhood sidewalk, the risk of being involved in a pedestrian crash is ever-present. 

In Texas, where motor vehicle accidents are unfortunately common, incidents involving pedestrians can be particularly devastating. 

However, amidst the anxiety and confusion that follows such an event, it's crucial to know what rights and options victims have regarding justice.

Step 1: Collecting Evidence 

Step 1: Collecting Evidence 

After a pedestrian accident in Texas, collecting evidence is crucial for building a strong case. This evidence serves as the foundation for proving liability and seeking compensation for serious injuries and losses.

  • Visual Proof

Victims must take photos and videos of the pedestrian accident scene, including road conditions, vehicle harm, traffic signs, and skid marks. This visual evidence can be invaluable later on.

  • Witness Statements

On top of that, plaintiffs have to collect contact information and statements from nearby witnesses. Third-party testimony can corroborate the victim's version of events and strengthen the personal injury lawsuit.

  • Medical Records

Next, car crash victims must receive medical attention immediately, even if their injuries seem minor.  They must keep a detailed record of all medical treatment, including diagnoses, prescriptions, and bills.

Step 2: Drafting a Demand Letter 

The next step is to send a demand letter to the at-fault party's insurance company. This letter outlines the details of the crash, the extent of the victim's injuries, and the damages they are seeking. Here's what to include:

  • Introduction

Plaintiffs should begin by stating they are claiming compensation for the Texas pedestrian accident due to the negligence of the other party.

  • Accident Details

Afterward, they must provide a detailed account of how the casualty happened, including the date, time, and location.

  • Injuries and Damages

Claimants must also describe their injuries from the accident and the impact they have had on their lives. The list should include medical expenses, lost wages, and any other bills incurred as a result of the crash.

  • Compensation Amount

Lastly, the demand letter must clearly state the amount of compensation the victim is seeking to cover their losses.

Step 3: Filing an Official Claim 

If negotiations with the insurance company are unsuccessful, the next step is to file an official claim with the court. This involves submitting a complaint that formally initiates the lawsuit process. 

Victims will work with a Texas pedestrian accident lawyer to draft a complaint. The form will outline the details of the accident, their injuries, and the legal basis for their personal injury lawsuit. 

After preparing the complaint, a Houston personal injury attorney will file it with the appropriate court and serve it against the defendant. They can also explain how to file a lawsuit for motorcycle accident in Texas.

Finally, the defendant will have a specified period (approximately 30 days) to respond. They may file an answer admitting or denying the allegations, or they may file a motion to dismiss the pedestrian accident case.

Step 4: Negotiating with the Insurance Company 

In many cases, the insurance company will attempt to settle the case out of court through negotiation.  Texas pedestrian accident attorneys know how to represent their clients' interests during these negotiations and work to secure a fair settlement. 

At this stage, the lawyer will also review the insurance company's settlement offer and advise victims on whether to accept or reject it. 

If the initial amount is insufficient, the attorney will counter with a higher demand based on the evidence and damages involved in the personal injury or wrongful death lawsuit. 

Negotiations may continue back and forth until both parties mutually reach an acceptable settlement offer. 

Step 5: Taking the Lawsuit to Trial 

However, if the negotiations are unsuccessful, Texas pedestrian accident lawyers will usually take the lawsuit to trial and present it before a judge and jury. 

These two parties will then determine the outcome of the pedestrian accident case. During the trial, both sides will present evidence, call witnesses, and make arguments.

After listening to the plaintiff and defendant, the jury will pass a verdict determining whether the defendant is liable for the victim's catastrophic or fatal injuries. As a result, the compensation amount will also depend on their verdict. For more information, several pedestrian injury attorneys in Houston may be able to help.

Five Common Causes of Pedestrian Accidents 

Pedestrian accidents can happen due to a variety of reasons, often resulting in devastating injuries and even fatalities. 

  • Distracted Driving

Unfortunately, one of the main causes of pedestrian accidents is distracted driving. In this case, automobilists divert their attention away from the road to text, adjust the music system, or talk on the phone.

This can prevent drivers from seeing pedestrians crossing the road or obeying traffic signals, leading to collisions.

  • Failure to Yield

Another cause of pedestrian accidents is drivers failing to yield the right-of-way to passersby, usually at crosswalks and intersections. 

  • Speeding

While it can feel momentarily thrilling, speeding increases the likelihood of a pedestrian crash, as it reduces the driver's ability to react to hazards on the road. 

Higher speeds also result in more severe injuries in the event of a collision, making it crucial for drivers to follow speed limits, especially in areas with heavy traffic.

  • Impaired Driving

Drunk driving is a major contributing factor to pedestrian crashes. Impaired automobilists exhibit reduced reaction times and poor judgment, making it difficult for them to avoid collisions with pedestrians.

  • Jaywalking

It's not always motorists who are at fault. Pedestrians who fail to follow traffic laws and cross streets outside of designated crosswalks also put themselves and others at risk of being struck by vehicles.

What Can Pedestrian Accident Victims Receive as Compensation? 

The costs associated with treating pedestrian accident injuries can quickly escalate, leaving victims facing bills for hospitalization, surgeries, and medication. 

Injured parties in a personal injury or wrongful death lawsuit can recover compensation for medical expenses, property damages, physical stress (like traumatic brain injuries), emotional distress (like PTSD, pain and suffering), etc. 

How Long Is the Statute of Limitations in a Personal Injury Lawsuit?

When it comes to personal injury lawsuits, timing plays a big role. The statute of limitations according to Texas law is only two years from the accident date. 

Failing to file a pedestrian accident claim within this timeframe can force victims to lose the right to seek compensation entirely. 

The Benefits of Hiring a Pedestrian Accident Lawyer in Texas 

The Benefits of Hiring a Pedestrian Accident Lawyer in Texas 

Tragedy can strike in the form of a pedestrian accident at any time. However, a compassionate and knowledgeable team of personal injury attorneys can make all the difference. They also have knowledge on how to file a lawsuit for oil rig accident in Texas.

They know the ins and outs of the law, thus protecting their clients' rights every step of the way. On top of that, expert lawyers can negotiate with insurance agents and represent the case in court, if necessary. 

Final Words 

From collecting evidence to taking personal injury claims to trial, Schuerger Shunnarah Trial Attorneys can help victims steer the legal system effectively.

Stating, "We Go to War for You," our lawyers are your trusted allies in pursuit of fair compensation and closure. 


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