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Being struck by a vehicle while walking is one of the most devastating things that can happen to a person. Pedestrians have no protection against the force of a car, truck, or SUV, and the injuries they suffer are often life-changing.
If you or someone you love was hit by a vehicle in the Dallas-Fort Worth area, you have the right to seek compensation from the person or party responsible. A Dallas pedestrian accident lawyer can help you understand your legal options, deal with insurance companies, and fight for the money you need to recover and move forward.
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Why Choose the Law Firm of Aaron A. Herbert for Your Dallas Pedestrian Accident Case?
When a pedestrian accident leaves you with mounting medical bills, lost income, and pain that affects every part of your daily life, you need a legal team with the credentials and trial experience to take on powerful insurance companies.
Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Fewer than 2% of Texas attorneys have earned this distinction. Board Certification requires extensive first-chair trial experience, a rigorous six-hour examination, and peer review by fellow attorneys. It is the highest level of recognition a Texas trial lawyer can achieve in the personal injury field.
Here is what sets our firm apart:
- Over 50 personal injury cases tried before Texas juries, and more than 1,000 personal injury lawsuits filed and resolved
- Proud member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, recognizing attorneys who have secured million-dollar and multi-million-dollar recoveries
- Selected to The National Trial Lawyers Top 100 Trial Lawyers, with a 10.0 Superb AVVO Rating and Client’s Choice Award
- No attorney fees unless you recover compensation, so there is no financial risk in reaching out for help
Aaron Herbert was born and raised right here in the Dallas-Fort Worth area. He understands this community, these roads, and the challenges local families face when a serious injury turns their lives upside down. When you call our firm, you get personal attention from a legal team that treats your case like it matters, because it does during a pedestrian walk.
How Common Are Pedestrian Accidents in Dallas, Texas?
Dallas is a particularly high-risk area. Pedestrians made up roughly 30% of all traffic deaths in the city, and much of the danger stems from road designs that prioritize fast-moving vehicles over the safety of people on foot.
Where Pedestrian Accidents Happen Most Often in Dallas
Pedestrian accidents can happen anywhere, but certain areas across Dallas see a higher concentration of serious and fatal crashes. The city’s High Injury Network, which covers roughly 7% of Dallas streets, accounts for more than 60% of all severe and fatal traffic crashes. Common high-risk locations include:
- High-speed arterial roads like Loop 12, Martin Luther King Jr. Boulevard, and portions of Maple Avenue, where wide lanes and fast traffic leave pedestrians exposed
- Intersections near shopping centers and entertainment districts, where drivers making turns often fail to check for people in crosswalks
- Transit stops and bus corridors, where pedestrians must cross busy lanes to reach or leave public transportation
- Parking lots and commercial driveways, where drivers are focused on merging into traffic rather than watching for people on foot
Many of these dangerous corridors are wide, high-speed roads that cut through busy commercial areas with limited safe crossing options. Understanding where these accidents cluster can help you recognize that road design itself, not just driver behavior, often plays a role.
When you’ve been injured due to someone else’s negligence, you deserve more than just legal representation—you deserve an advocate who fights relentlessly for your rights. At The Law Firm of Aaron A. Herbert, we understand the pain, stress, and uncertainty that come with an injury, and we are committed to securing the compensation you need to move forward. With a proven track record of success and a dedication to personalized service, we handle the legal battle so you can focus on healing. No fees unless you recover—because your justice is our priority.
AARON A. HERBERT
Injuries Pedestrians Commonly Suffer
Because pedestrians have no barrier between their bodies and a moving vehicle, even a collision at moderate speed can cause catastrophic harm. Our firm has represented Dallas-area pedestrians with a wide range of serious injuries, including:
- Traumatic brain injuries and concussions
- Spinal cord damage and paralysis
- Broken bones, especially in the legs, pelvis, and hips
- Internal organ damage and internal bleeding
- Severe road rash, lacerations, and soft tissue injuries
- Emotional trauma, including post-traumatic stress
Many of these injuries require emergency surgery, long hospital stays, months of physical rehabilitation, and ongoing medical care. Some result in permanent disability. The financial cost is enormous, and that is before you factor in lost wages, reduced earning capacity, and the toll on your mental health and quality of life in pedestrian accident lawsuits.
Who Can Be Held Liable in a Dallas Pedestrian Accident?
Texas is an at-fault state, meaning the person or party whose negligence caused the accident is responsible for compensating the injured pedestrian. Depending on the circumstances, liability may fall on one or more parties.
- The Driver
In most pedestrian accident cases, the driver bears primary responsibility. Under Texas Transportation Code Section 552.003, drivers are required to yield the right of way to pedestrians who are lawfully in a crosswalk. Failing to do so, or striking a pedestrian due to speeding, distraction, or impaired driving, can establish the driver’s liability.
- A Government Entity
If your accident was caused by dangerous road conditions, missing or broken traffic signals, inadequate crosswalk markings, or poorly maintained sidewalks, the city or county responsible for that infrastructure could share liability. Claims against government entities follow special rules under the Texas Tort Claims Act, including a shorter deadline to file a notice of claim, which is typically six months.
- An Employer
When a driver causes an accident while performing work duties, such as making deliveries or driving a company vehicle, the driver’s employer may also be liable under a legal principle called respondeat superior.
- Other Third Parties
In some cases, a vehicle defect, improper road construction by a private contractor, or the actions of another negligent party may have contributed to the accident. A thorough investigation can uncover all sources of potential liability that may impact a pedestrian accident settlement.
Identifying every responsible party is important because it can significantly affect the total compensation available to you.
How Texas Comparative Negligence Law Affects Pedestrian Claims
One of the first things insurance companies try to do in a pedestrian accident case is shift some of the blame onto the injured person. They may argue that you were jaywalking, distracted by your phone, or wearing dark clothing at night.
Texas follows a modified comparative negligence system under Texas Civil Practice and Remedies Code Section 33.001. This law works in two important ways:
- If you are found to be partially at fault, your compensation is reduced by your percentage of responsibility. For example, if you are 20% at fault and your damages total $200,000, you would receive $160,000.
- If you are found to be 51% or more at fault, you are completely barred from recovering any compensation at all.
This is why having a skilled legal team on your side is so critical. Insurance adjusters are trained to minimize payouts, and one of the most effective strategies they use is inflating the pedestrian’s share of fault. A Board Certified trial lawyer knows how to counter these tactics, gather the right evidence, and protect your right to a fair recovery.
What Compensation Can You Recover After a Pedestrian Accident?
If someone else’s negligence caused your pedestrian accident, Texas law allows you to pursue compensation for a wide range of losses. These damages generally fall into two categories.
- Economic Damages
Economic damages cover the financial losses you can calculate and document. They include current and future medical expenses, lost wages, reduced earning capacity, costs of rehabilitation and assistive devices, and any other out-of-pocket costs tied to your injury.
- Non-Economic Damages
Non-economic damages compensate for losses that do not have a fixed dollar amount but are very real. These include physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and the impact the injury has had on your relationships and daily activities.
In cases where a loved one was killed in a pedestrian accident, surviving family members may pursue a wrongful death claim to recover damages such as funeral and burial costs, loss of financial support, loss of companionship, and mental anguish with the help of a pedestrian injury attorney.
Every case is different, and the value of your claim depends on many factors, including the severity of your injuries, the strength of the evidence, and the amount of insurance coverage available.
The Statute of Limitations for Texas Pedestrian Accident Claims
Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you will almost certainly lose your right to seek compensation, no matter how strong your case is.
There are a few important exceptions:
- Minor children: If the injured pedestrian is under 18, the two-year clock does not start until they turn 18.
- Government entities: If a city, county, or state agency is responsible, you may need to file a formal notice of claim within six months under the Texas Tort Claims Act.
- Wrongful death: The two-year period starts from the date of the person’s death, not the date of the accident.
Because evidence can disappear quickly and witness memories fade, it is always best to speak with an attorney as soon as possible after an accident.
Actions to Take After a Pedestrian Accident
After you have received medical treatment, there are several actions you can take to protect your health and strengthen any future legal claim, including hiring a pedestrian accident lawyer.
- Seek follow-up medical care right away. Even if you were treated at the scene or in the emergency room, schedule a follow-up appointment with your doctor. Some injuries, such as concussions and internal bleeding, may not show obvious symptoms for days or weeks. Having a documented medical record connecting your injuries to the accident is critical.
- Document everything you can. If you are able, photograph your injuries, any damage to your personal belongings, and the location of the accident. Write down what you remember about the incident while details are still fresh.
- Request a copy of the police report. If law enforcement responded to the scene, the police report is an important piece of evidence. It typically includes the officer’s observations, statements from the driver, and sometimes a preliminary determination of fault.
- Be careful when speaking with insurance adjusters. The at-fault driver’s insurance company may contact you quickly and offer a settlement. Before you accept anything or provide a recorded statement, understand that their goal is to pay you as little as possible. Anything you say could be used against you.
- Contact a pedestrian accident attorney. An attorney can take over communication with the insurance company, begin investigating the accident, and help you understand the full value of your claim before you agree to anything.
Taking these actions can significantly strengthen your claim for medical bills and other losses.
Dallas Pedestrian Accident FAQs
Here are answers to some of the questions our firm commonly receives from pedestrians injured in the Dallas-Fort Worth area.
Can I still recover compensation if I was not in a crosswalk when I was hit?
Crossing outside a crosswalk does not automatically make the accident your fault. Under Texas law, pedestrians who cross mid-block must yield the right of way to vehicles, but drivers still have a duty to exercise reasonable care. If the driver was speeding, distracted, or otherwise negligent, they can still be held liable even if you were not in a crosswalk.
What if the driver who hit me left the scene?
Hit-and-run pedestrian accidents are unfortunately common. If the driver fled, law enforcement may be able to identify them using surveillance footage, witness descriptions, or vehicle debris left at the scene. You may also have coverage through your own uninsured motorist policy if the driver cannot be found.
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Do I need to pay anything upfront to hire a pedestrian accident lawyer?
The Law Firm of Aaron A. Herbert, P.C. handles pedestrian accident cases on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There is no upfront cost and no financial risk to you.
What types of evidence are most important in a pedestrian accident claim?
Strong evidence can include the police report, medical records, photographs of the accident scene and your injuries, traffic camera or surveillance footage, witness statements, and cell phone records showing the driver was distracted. An experienced attorney will know how to preserve and obtain this evidence on your behalf.
Contact Our Trusted Dallas Pedestrian Accident Attorney Today
If you or someone in your family was seriously hurt in a pedestrian accident in Dallas, Fort Worth, or anywhere in the surrounding area, you do not have to face the insurance companies alone.
The Law Firm of Aaron A. Herbert, P.C. has spent more than 20 years fighting for the seriously injured across North Texas. With Board Certified trial experience, a track record of multi-million-dollar results, and a commitment to giving every client personal attention, our team is ready to stand up for you.
Contact us today for a free, no-obligation case evaluation. We are available 24/7, and you will never pay a fee unless we win your case. Your fight is our fight.
813.547.6434
