If you or a loved one has been involved in a pedestrian accident, it is important to understand your rights.

Unfortunately, pedestrian accidents are more common than most people realize. As a pedestrian, you have no defense against the outside world and have to trust that vehicles will remain in their lane and drivers will use reasonable caution. When this does not happen, the results can be catastrophic. 

As you are considering what to do next, you are likely wondering about the average settlement for pedestrian accidents in Texas. Every accident is unique, so it is important to consult an experienced pedestrian accident attorney who can help you determine the actual value of your case based on your circumstances. Keep reading to learn more about how to receive the compensation you deserve. 

Pedestrian Accident Statistics in Texas

According to the Texas Department of Transportation, pedestrian traffic fatalities increased 30 percent from 2018 through 2022 and now account for one in five roadway deaths across the state. In that timeframe, there were 5,766 total crashes involving pedestrians, resulting in 830 deaths and 1,526 serious injuries in Texas. Nationally, drivers struck and killed an estimated 7,485 pedestrians in 2021, which amounts to an average of 20 pedestrian deaths per day. 

Factors That Impact Pedestrian Accident Settlements

Several factors determine the average settlement of pedestrian accidents in Texas. Because every accident is different, the amount victims are entitled to can vary, driven by the specific circumstances of the claim. Here are some of the factors taken into consideration. 

Severity of Injuries

If you were injured because of someone else’s negligent action or inaction, you should not be financially responsible for the results of the accident. Often, the more serious the injury, the greater the need for financial compensation to cover medical expenses and associated costs. An injury with minimal long-term implications will likely be less expensive than one that requires extensive long-term care or is irreparable, like loss of a limb, facial scarring, or paralysis. 

If you are unable to work, either temporarily or permanently, because of your injuries, you may receive compensation for your lost wages. Your current salary and earning potential will be factors when evaluating your claim. 

Your physical, mental, and emotional hardships are also taken into consideration. These types of damages are called noneconomic, and are very specific to each person. Some examples include pain and suffering, post-traumatic stress, anxiety, depression, loss of enjoyment of life, and more. It is important to consider all of the ways the accident has impacted your life. 

Fault

You must prove the driver was at fault in a pedestrian accident case. Texas is an “at-fault” state, which means that the person or party responsible for causing the accident will also be liable for the cost of the damages. Not all states process insurance claims the same way. Additionally, in Texas, you may still be able to recover if you are found partially responsible for the accident, as long as you are not 51% or more at fault.

Once your percentage of fault is determined, that percentage is subtracted from your overall award. For example, if you were awarded $100,000 for your injuries but found to be 30 percent responsible for the accident, you would receive $70,000. Because of this rule, the defendant will undoubtedly work to place as much blame on you as possible. It is important to have a skilled personal injury attorney on your side to help you build a strong liability case. 

At-Fault Driver’s Insurance Coverage

Because Texas is an at-fault state for insurance liability, if you are a pedestrian hit by a car, the driver’s insurance company is generally responsible for covering the cost of your injuries. Texas requires all drivers to carry minimum liability insurance coverage to pay to repair the other driver’s car if they caused the accident. It also pays for the medical bills and other expenses of the other driver and his or her passengers. Every driver in Texas must have at least $30,000 of coverage for bodily injuries per person, up to a total of $60,000 per accident, and $25,000 in property damage coverage. 

If the expenses associated with your injuries exceed what the driver’s insurance policy will cover, you may consider filing a personal injury lawsuit to cover your remaining expenses. Your attorney can help you determine the best legal approach for your unique situation and help ensure you do not settle for less than what you deserve. 

Average Settlement for Pedestrian Accidents in Texas

Because each accident is unique, it is nearly impossible to determine the average settlement for pedestrian accidents in Texas. Injuries can range from minor to catastrophic, and the severity of your injury has a big impact on the amount you are entitled to. Your attorney may suggest consulting with medical and occupational health experts to determine your prognosis and the estimated costs associated with what you have been through.  

Contact Us

If you suffered a pedestrian accident, you are likely dealing with significant physical, emotional, and financial stress. At Grossman Law Offices, our attorneys have been helping injured clients for over 30 years and are committed to helping you receive the compensation you deserve. Contact us to schedule your free case consultation.