When a pedestrian is struck by a vehicle, the physical and emotional toll can be overwhelming. Proving who was at fault becomes essential, especially when seeking compensation for medical bills, lost wages, or long-term care. At Hildebrand & Wilson, LLP, our attorneys have helped hundreds of accident victims across Texas—especially in Pearland—understand and navigate this complex legal process.
What Is Negligence?
Negligence is the legal term for failing to use reasonable care. To prove negligence in a pedestrian accident case, you must show:
- Duty of Care: The driver had a legal responsibility to act safely and avoid harming others.
- Breach of Duty: The driver failed to uphold that responsibility (e.g., speeding, texting while driving, failing to yield).
- Causation: The driver’s actions directly caused the accident.
- Damages: You suffered injuries or financial losses as a result.
Each element must be clearly demonstrated to support a successful injury claim.
Common Causes of Pedestrian Accidents
In many Texas pedestrian cases, we see drivers ignoring crosswalks, making illegal turns, or driving distracted. These are some of the most common scenarios we handle:
- Failure to Yield: Drivers not stopping at marked or unmarked crosswalks.
- Distracted Driving: Using a phone while driving often leads to missed traffic signals and slower reaction times.
- Speeding: High speeds reduce a driver’s ability to stop quickly.
- Driving Under the Influence: Alcohol or drugs severely impair judgment and reflexes.
These negligent actions can leave pedestrians with serious, even life-threatening injuries, and often support a solid case for compensation.
What Evidence Do You Need?
Evidence is everything. At Hildebrand & Wilson, LLP, we work quickly to gather the documentation needed to build your case. Key evidence includes:
- Police Reports: These provide official accounts of the accident and often include initial fault determinations.
- Witness Testimonies: People who saw the accident can help clarify what happened.
- Surveillance Footage: Video from traffic cameras or nearby businesses can show the moment of impact.
- Photos from the Scene: Images of injuries, road signs, skid marks, or vehicle damage can be crucial.
- Medical Records: A clear link between the accident and your injuries helps support your claim.
Our legal team knows how to track down and organize this evidence so you can focus on healing.
What If the Pedestrian Shares Some Fault?
Texas uses a modified comparative fault rule. This means if you’re partly at fault, your compensation may be reduced. For example, if you’re awarded $100,000 but found to be 20% at fault (say, for jaywalking), your recovery drops to $80,000. However, if you are more than 50% at fault, you can’t recover damages.
That’s why it’s critical to have legal representation. Insurance companies will often try to shift the blame onto pedestrians to reduce their own liability. Our attorneys are ready to fight back with strong facts and evidence.
The Role of Insurance
After a pedestrian accident, the driver’s insurance company might offer a quick settlement. Don’t accept it without speaking to an attorney. These offers are often far lower than what you’re truly owed. We’ve seen clients short-changed on future medical costs, physical therapy, or lost earning capacity. At Hildebrand & Wilson, we calculate the full extent of your damages and push for a fair result.
What Compensation Can You Claim?
If you’re injured due to someone else’s negligence, you may be entitled to compensation for:
- Medical expenses (past and future)
- Lost income or reduced earning ability
- Pain and suffering
- Emotional distress
- Disability or disfigurement
In cases involving reckless or intentional harm, punitive damages may also be available.
Why Hire Hildebrand & Wilson, LLP?
Based in Pearland, Hildebrand & Wilson, LLP has successfully represented injury victims throughout Texas for decades. We’ve handled over 1,000 cases, many involving pedestrian injuries. Our approach is aggressive in the courtroom but compassionate with our clients. We’ll answer your calls, explain your options clearly, and fight for every dollar you deserve.
We also use technology-forward strategies to streamline the legal process and keep you in the loop. You won’t feel left in the dark with us—because we take your recovery personally.
Get Help Today
If you or someone you care about was hit by a car in Pearland or anywhere in Texas, don’t wait. Evidence fades, memories blur, and deadlines approach quickly. Contact Hildebrand & Wilson, LLP today to schedule a free consultation. We’ll listen to your story, assess your case, and explain your next steps—all at no cost to you unless we win.