Montgomery County Pedestrian Accident Attorney

Struck by a Negligent Driver While Walking or Running?

We often think of pedestrian accidents only happening in big cities and congested urban areas. However, the truth of the matter is, they can happen anywhere. When drivers get behind the wheel after drinking or engage in distracting behaviors like texting while driving, they’re putting their own lives and the lives of others at great risk.

It’s important for injury victims and their family members to know that they do have legal options. Any crash involving a pedestrian and a motor vehicle can be devastating. After any type of pedestrian accident caused by a driver’s dangerous, negligent, or distracted actions, it’s essential to speak with a skilled personal injury lawyer. At Scott Law Firm, our Montgomery County pedestrian accident lawyers are here for you during this time.

To speak with a pedestrian accident lawyer in Montgomery County, contact Scott Law Firm at (936) 243-4299.

Nationwide Pedestrian Statistics

Pedestrians, along with cyclists and motorcycle riders, are some of the most vulnerable roadway users. They don’t have airbags, seat belts, or steel cages to protect them from the impact of cars and trucks. Due to preventable causes, such as distracted driving, drunk driving, speeding, and other forms of driver carelessness and recklessness, we’re seeing an increase in crashes for vulnerable roadway users like pedestrians.

According to the NHTSA:

• 7,450 pedestrians died in traffic or non-traffic incidents in 2017
• The latest data from the National Highway Traffic Safety Administration (NHTSA) estimates that in 2018 6,075 pedestrians died in traffic crashes occurring on public roads
• 2018 most pedestrian traffic deaths occurred in urban settings (79%), on the open road (74%) vs. intersections (25%), and at night (76%)
• The largest number of pedestrian deaths occur on Saturdays (1,031), and the majority of these deaths happen at night (837)

Texas Pedestrian Laws

Texas has several laws designed to protect pedestrians. Some of the most important include:

• Right-of-Way in Crosswalks – Drivers must yield to pedestrians in marked and unmarked crosswalks when the pedestrian has the right-of-way.
• Traffic Signals – Pedestrians must obey traffic control signals, but drivers must still exercise caution when approaching intersections.
• Sidewalk Use – When available, pedestrians should use sidewalks. If there is no sidewalk, pedestrians should walk on the left side of the roadway facing traffic.
• Duty of Care – Drivers are always required to exercise due care to avoid colliding with pedestrians, regardless of where they are walking.

Even with these laws, pedestrian accidents occur when drivers are distracted, impaired, or reckless. Understanding your legal rights under Texas law is an essential first step in seeking compensation.

Common Causes of Pedestrian Accidents

Pedestrian accidents in Montgomery County are often the result of driver negligence. Common causes include:

• Distracted Driving – Texting, talking on the phone, or using in-car technology.
• Failure to Yield – Drivers not stopping for pedestrians in crosswalks or at intersections.
• Speeding – Excessive speed reduces a driver’s reaction time and increases crash severity.
• Impaired Driving – Alcohol or drug use contributes to poor judgment and delayed reactions.
• Poor Visibility – Nighttime, bad weather, or poorly lit areas make it harder for drivers to see pedestrians.
• Backing Accidents – Drivers failing to check for pedestrians when backing out of driveways or parking spaces.

Each case is unique, and determining the exact cause is critical for building a strong legal claim.

Who is Liable for a Pedestrian Accident?

Liability in pedestrian accidents often depends on proving negligence. In most cases, the at-fault party is the driver of the vehicle. However, other parties may also be responsible, such as:

• Government Entities – If unsafe road design, poor signage, or malfunctioning traffic lights contributed to the accident.
• Employers – If the at-fault driver was working at the time of the crash.
• Vehicle Manufacturers – In cases involving defective brakes, tires, or other mechanical failures.

Texas follows a modified comparative negligence rule, which means that a pedestrian can still recover compensation if they are less than 51% at fault for the accident. However, their recovery will be reduced by their percentage of fault. Having an experienced Montgomery County pedestrian accident attorney ensures liability is properly established and defended.

Recovering Compensation

Victims of pedestrian accidents often face overwhelming medical bills, lost income, and long-term rehabilitation needs. Our team at Scott Law Firm fights to recover the maximum compensation available under Texas law, including:

• Medical Expenses – Emergency treatment, hospitalization, surgeries, medications, and rehabilitation.
• Lost Wages – Income lost during recovery and loss of future earning capacity.
• Pain and Suffering – Physical pain, emotional trauma, and reduced quality of life.
• Disability or Disfigurement – Compensation for permanent injuries that affect mobility or appearance.
• Wrongful Death Damages – Funeral costs, loss of financial support, and loss of companionship for surviving family members.

Our legal team works with medical experts, accident reconstruction specialists, and financial professionals to ensure your claim fully reflects your losses.

Pedestrian Accident FAQs

What should I do immediately after a pedestrian accident in Montgomery County?

Seek medical attention right away, call law enforcement to report the accident, gather witness information if possible, and avoid speaking with insurance adjusters before consulting an attorney.

How long do I have to file a claim in Texas?

In most pedestrian accident cases, the statute of limitations is two years from the date of the accident. Failing to file within this time frame could result in losing your right to compensation.

What if the driver who hit me fled the scene?

You may still have options through your own uninsured/underinsured motorist coverage. An attorney can investigate and help identify potential sources of compensation.

Can I recover damages if I wasn’t in a crosswalk?

Yes, possibly. While being outside of a crosswalk may impact liability, drivers are still required to exercise reasonable care to avoid hitting pedestrians.

Do I need an attorney for my pedestrian accident case?

While not required, having an experienced pedestrian accident lawyer significantly increases your chances of securing full and fair compensation. Insurance companies often undervalue claims unless challenged by legal representation.

Speak With a Montgomery County Pedestrian Accident Lawyer Today

If you or a loved one has been injured in a pedestrian accident, you don’t have to face the aftermath alone. At Scott Law Firm, we are committed to fighting for the rights of accident victims in Montgomery County and throughout Texas. We will handle the insurance companies, investigate your claim, and pursue the compensation you deserve—so you can focus on healing.

If you were injured by a drunk driver or have suffered the loss of a loved one, contact a trusted Montgomery County pedestrian accident lawyer for a free case consultation.