You Can Get Legal Support Today
To begin the process of pursuing compensation after your pedestrian accident, contact us today for a free case review. It only takes a call or a click, so you don’t have to leave the house!
You Have a Legal Right to Compensation
When you’ve been injured in an accident due to someone else’s negligence, you have the right to seek damages for your injuries. We work hard to protect that right and secure the maximum settlement available.
We Work on Contingency
By working on contingency, we can offer compassionate and competent legal representation to our Midland neighbors without charging any upfront fees. You only pay if we win!
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Texas Pedestrian Accident Law
Under Texas Transportation Code §552, both drivers and pedestrians are legally required to follow traffic safety rules to prevent accidents. These laws outline when pedestrians have the right of way and when drivers must yield.
Drivers are required to:
- Yield to pedestrians in crosswalks (both marked and unmarked) when pedestrians are crossing legally.
- Stop and remain stopped when a pedestrian is in the same half of the roadway or approaching from the opposite side.
- Exercise due care to avoid hitting pedestrians, even outside crosswalks.
- Use extra caution when driving near schools, intersections, or areas where children or elderly pedestrians are present.
- Never pass vehicles stopped at a crosswalk, as they may be yielding to a pedestrian.
Pedestrians must also take reasonable care for their safety by:
- Obeying traffic control signals and pedestrian crossing lights.
- Avoiding suddenly stepping into traffic when a vehicle is too close to stop safely.
- Using sidewalks when available, and if none exist, walking on the left side of the roadway facing oncoming traffic.
- Yielding to vehicles when crossing outside a marked crosswalk or intersection.
When a driver violates these laws, they can be held legally liable, and pedestrian victims may pursue compensation through an injury claim. If you have any further questions regarding these laws or how they apply to your unique case, reach out to our pedestrian accident attorneys in Midland today.
How Our Midland Pedestrian Accident Attorneys Can Help
With over 60 years of combined experience representing injury victims across West Texas, our local Midland pedestrian accident lawyers at Braker White are dedicated to protecting your rights and securing the compensation you may be entitled to.
Here’s what you can expect when you work with us:
- Thorough investigation: We gather police reports, traffic camera footage, phone records, and witness statements to uncover the truth behind your accident.
- Tough negotiation with insurance companies: We know the tactics insurers use to undervalue claims and how to fight back for every dollar you may be owed.
- Courtroom-ready representation: If insurers won’t make a fair offer, we’re fully prepared to take your case to trial and present compelling evidence before a judge or jury.
- Personalized legal support: We take time to know your story, your needs, and your recovery goals. You’ll work directly with attorneys who care.
- No upfront costs: We handle every case on a contingency fee basis, meaning you pay nothing unless we win.
At Braker White, we’ve earned a reputation for integrity, experience, and results. Our mission is to help our neighbors in Midland get back on their feet after a devastating pedestrian accident. When you hire our firm, you’re choosing a team that’s respected in the community, experienced in Texas law, and relentless in pursuing justice for our clients.
Compensation Available for Injured Pedestrians in Midland
Texas law allows pedestrian accident victims to recover various types of compensation, depending on the circumstances of the case.
Economic damages cover the financial losses directly caused by your accident. These are measurable costs supported by bills, receipts, and pay records.
- Medical expenses: Hospital care, surgeries, rehabilitation, physical therapy, medication, and ongoing treatment needs.
- Lost wages: Pay you missed due to your injuries, including overtime and benefits.
- Loss of future earning capacity: If your injuries limit your ability to return to work or pursue your career.
- Property damage: Such as torn clothing, broken phones, or personal items damaged during the crash.
- Out-of-pocket costs: Transportation to medical appointments, home modifications, or mobility equipment.
Non-economic damages compensate for the intangible impact of your injuries, including the emotional and psychological suffering that can’t be measured by a receipt but deeply affects your life.
- Pain and suffering from physical injuries and long-term discomfort.
- Emotional distress such as anxiety, depression, or post-traumatic stress.
- Loss of enjoyment of life if you can no longer participate in activities you once loved.
- Permanent disability or disfigurement which can alter your independence and self-esteem.
- Loss of consortium for spouses who’ve lost companionship or support due to a serious injury.
In rare but serious cases, the court may award punitive damages when a driver’s behavior was especially reckless or malicious, such as drunk driving, racing, or fleeing the scene of the accident. These damages are designed to punish the wrongdoer and send a clear message that such conduct will not be tolerated in Texas.
Don’t settle for less than you may deserve. Our pedestrian accident lawyers can evaluate your case, determine what compensation you may be entitled to, and fight to recover the maximum amount possible for your injuries and losses.
How Fault Is Determined in Pedestrian Accident Cases
To recover compensation after a pedestrian accident, your attorney must prove that the driver was negligent, meaning they failed to use reasonable care and caused your injuries as a result. In Texas, negligence is established by proving 4 key elements:
- Duty of Care: The driver had a legal duty to operate their vehicle safely and avoid harming pedestrians.
- Breach of Duty: The driver failed to uphold that duty (for example, by speeding, texting, or ignoring traffic signals).
- Causation: The driver’s careless or reckless actions directly caused your injuries.
- Damages: You suffered measurable losses, such as medical bills, pain and suffering, or lost income.
When all 4 elements are proven, you have a strong basis for a pedestrian accident claim.
Evidence Needed to Prove Fault
Establishing fault requires solid, detailed evidence. At Braker White, our attorneys know exactly what to look for to strengthen your case. Key evidence may include:
- Police and accident reports documenting what happened.
- Eyewitness statements confirming how the crash occurred.
- Traffic camera or dashcam footage showing the driver’s behavior.
- Cell phone records proving distraction or texting while driving.
- Expert accident reconstruction testimony that visualizes how the crash unfolded.
- Medical records linking your injuries directly to the accident.
Our team uses this evidence to help build a compelling case that clearly demonstrates liability and maximizes your potential recovery.
What If You Were Partially Responsible?
Even if you think you might share some blame, you may still be eligible for compensation. Texas follows a modified comparative negligence rule, which means:
- You can recover damages as long as you are less than 51% at fault.
- Your compensation will be reduced by your percentage of fault.
For example, if you were found 20% at fault for crossing outside a crosswalk, your total award would be reduced by 20%.
Our pedestrian accident attorneys work to minimize your share of fault and hold negligent drivers accountable for their actions. Learn more during a free case review.
Put An Award Winning Lawyer On Your Side!
Steps to Take If You Were Hit While Walking in Midland
After a pedestrian accident, confusion and adrenaline can make it hard to know what to do next. Every decision you make in the minutes and days following the crash can affect your health, your recovery, and your ability to pursue compensation later. Taking the right steps can help protect both your well-being and your legal rights.
If you’ve been hit by a car in Midland, here’s what to do:
- Call 911 immediately. Ensure police and medical responders are on the scene to document the incident and assess injuries.
- Get medical attention. Even if you feel okay, internal or delayed injuries are common after pedestrian accidents.
- Gather evidence. Take photos of the crash scene, the vehicle, your injuries, and any nearby traffic signals or crosswalks.
- Get driver and witness information. Collect contact and insurance details from everyone involved, including bystanders who saw the collision.
- Do not talk to insurance companies without legal advice. Adjusters may try to minimize or deny your claim.
- Contact a pedestrian accident lawyer in Midland as soon as possible. The attorneys at Braker White can investigate your case, preserve key evidence, and fight for the full compensation you may qualify for.
Our Midland Pedestrian Accident Lawyers
Common Causes of Pedestrian Accidents
Pedestrian accidents in Midland often occur because of driver negligence, such as:
- Distracted driving (texting or using apps)
- Failing to yield at crosswalks
- Speeding in residential or school zones
- Drunk or drug-impaired driving
- Running red lights or stop signs
- Backing up without looking
- Poor visibility or lack of lighting
Our firm investigates every contributing factor to hold all liable parties accountable.
Common Pedestrian Accident Injuries
Pedestrians have no protection against a vehicle’s impact, so injuries are often catastrophic. Common examples include:
- Traumatic brain injuries
- Broken bones and fractures
- Spinal cord injuries
- Internal bleeding or organ damage
- Road rash and soft tissue injuries
- Amputations or severe lacerations
- Wrongful death in the most tragic cases
These injuries can require long-term care, rehabilitation, and cause lifelong pain. That’s why securing fair and full compensation with the help of an attorney is essential to support your recovery and protect your future.
Pedestrian Accident FAQs
Call 911, get medical help, document the scene, and contact a Midland pedestrian accident lawyer before speaking to insurance adjusters. Even minor injuries should be evaluated right away, as symptoms can worsen over time. An attorney can help you preserve evidence, communicate with insurers, and protect your right to fair compensation from the very start.
In Texas, you generally have 2 years from the date of the accident to file a personal injury lawsuit. The sooner you contact Braker White, the sooner we can begin building a strong case on your behalf.
You may still have options through uninsured/underinsured motorist coverage or by pursuing a lawsuit directly against the driver. In some cases, other parties (such as an employer, rideshare company, or vehicle owner) may also share responsibility. Our pedestrian accident attorneys in Midland will explore every potential source of compensation to help ensure you aren’t left paying for someone else’s negligence.
Yes. Even if you weren’t in a designated crosswalk, the driver still had a legal duty to exercise reasonable care and avoid hitting pedestrians. Texas law recognizes that drivers must remain alert and yield when necessary to prevent harm. Our team will investigate all contributing factors to prove the driver’s fault and help you pursue maximum recovery.
We work on a contingency fee basis, meaning you pay nothing upfront and we only get paid if we win your case. This allows you to get experienced legal representation without financial risk.
Talk to a Trusted Pedestrian Accident Lawyer in Midland Today
If you were hit by a car while walking in Midland, you don’t have to face the aftermath alone. Insurance companies will do everything they can to limit what you’re paid, but with Braker White on your side, you’ll have a powerful advocate fighting for you.
Our legal team brings over 60 years of combined experience helping injured Texans rebuild their lives. We understand how devastating these crashes can be, and we know what it takes to hold negligent drivers accountable. From investigating the accident to negotiating with insurers and taking your case to court if needed, we’ll handle every detail while you focus on recovery.
Don’t wait to get the legal help you need. Contact Braker White today for a free consultation with a trusted pedestrian accident lawyer in Midland. We’ll review your case, explain your options, and fight for the justice you deserve.