As the days grow shorter in Austin, TX, pedestrian safety becomes an even greater concern. Each year, October brings longer nights and reduced visibility, two factors that contribute to a sharp increase in pedestrian accidents across Texas. In October 2024 alone, 89 pedestrians lost their lives and 143 others suffered serious injuries on Texas roads
At Batrice Law Firm, we see firsthand how devastating pedestrian accidents can be. When a pedestrian is struck by a vehicle, the injuries are often life-altering — and the legal process that follows can feel overwhelming. As experienced personal injury lawyers in Austin, TX, our goal is to guide clients through every step with clarity, compassion, and strategy.
Here are five key things to know about pedestrian injury cases in Texas — and why having a skilled attorney makes all the difference.
1. Liability Isn’t Always as Clear-Cut as It Looks
Even when a driver hits a pedestrian, it doesn’t automatically mean the driver is fully at fault. In Texas, the law follows a comparative negligence rule, which means fault can be shared between the driver and the pedestrian.
Insurance companies often use this to their advantage. They may argue that the pedestrian was partially responsible for the accident by:
- Crossing outside a marked crosswalk
- Walking at night without reflective clothing
- Stepping into traffic unexpectedly
This is why evidence is everything in a pedestrian injury case. Video footage, police reports, witness statements, and accident reconstruction data can make or break your claim. A skilled Austin personal injury attorney will know how to build your case and challenge unfair fault claims
2. Insurance Companies Fight Hard, Especially on “Visibility” Arguments
One of the most common defenses we see from insurance companies is the “I didn’t see them” excuse. Adjusters use this to downplay their driver’s negligence and minimize the payout.
At Batrice Law Firm, we’ve seen countless cases where visibility wasn’t the real issue, driver distraction or inattention was. Insurance companies also rely on the fact that most pedestrians don’t fully understand their legal rights and may settle for less than they deserve.
Having a trusted personal injury lawyer on your side can level the playing field. Your attorney will investigate critical details to hold negligent drivers accountable and pursue the compensation you’re entitled to.
3. Severe Injuries Mean Complex Medical Documentation
Pedestrian accidents often lead to catastrophic injuries because pedestrians have no physical protection. Common injuries include fractures, spinal cord damage, traumatic brain injuries, and internal trauma.
Proper medical documentation is essential to proving your case. An experienced Austin personal injury lawyer will help ensure your injuries and long-term care needs are thoroughly documented and taken into account.
Your lawyer’s job is not only to fight for financial recovery but also to make sure the full scope of your physical, emotional, and financial losses is represented in your claim.
4. City and Corporate Defendants Add Extra Layers of Complication
Not all pedestrian injury cases involve just the driver. Sometimes, other entities share liability, such as:
- The city, for unsafe intersections, missing signage, or defective traffic lights
- A rideshare company, if the at-fault driver was operating for Uber or Lyft
- A commercial business, if the driver was in a company vehicle or on the job
Each of these potential defendants comes with its own legal procedures and insurance rules. For example, if a government agency is involved, you may have only six months to file a notice of claim; far less than the standard two-year statute of limitations in Texas.
This is why working with a knowledgeable law firm like Batrice Law Firm is essential. We understand the procedural and strategic differences in cases involving multiple liable parties.
5. Settlement Values Depend on Fault, Insurance, and Long-Term Impact
Pedestrian accident settlements in Texas can vary widely based on several key factors:
- Liability strength: How clearly fault can be proven.
- Insurance coverage: Whether the driver has only minimum coverage or access to a commercial or umbrella policy.
- Injury permanence: Long-term or life-changing injuries significantly increase the value of a claim.
Two similar cases may have very different outcomes depending on the evidence, documentation, and legal strategy involved. Having a dedicated Austin pedestrian accident lawyer ensures your case is presented in the strongest way possible.
Key Takeaway
Pedestrian injury cases in Texas require a careful balance of evidence, medical documentation, and legal strategy. After experiencing something as traumatic as being injured as an unprotected pedestrian, the last thing you should face is a complex legal battle alone.
At Batrice Law Firm, our attorneys are committed to protecting your rights, guiding you through the process, and fighting for the compensation you deserve.
If you or someone you know has been injured in a pedestrian accident, contact Batrice Law Firm today to schedule a free consultation. Let our experienced Austin personal injury lawyers help you understand your options and secure the best possible outcome for your case.
