Dallas Pedestrian Accident Lawyer | Varghese Summersett

If you or someone you love was hit by a car while walking in Dallas, you’re facing medical bills, lost wages, and an insurance company that wants to pay as little as possible. Texas law protects your right to compensation when a driver’s negligence causes your injuries. Our Dallas pedestrian accident lawyers know how to build strong cases and hold drivers accountable.

Getting hit by a vehicle changes everything in an instant. One moment you’re crossing the street or walking through a parking lot. The next, you’re on the ground with broken bones, a head injury, or worse. The stress of recovering while bills pile up and the insurance company calls asking for statements can be overwhelming.

You need someone who knows how these cases work in Dallas County and has the resources to take on insurance companies that fight pedestrian claims aggressively. Varghese Summersett has a proven track record in personal injury cases across Texas, with more than 70 team members and offices in Fort Worth, Dallas, Houston, and Southlake.

Common Questions After a Dallas Pedestrian Accident

Most people who get hit by a car have never dealt with a personal injury claim before. You’re probably wondering whether you can afford a lawyer, how much your case is worth, and how long this will take? These are fair questions, and we’ll answer them directly.

Some clients worry that because they weren’t in a crosswalk or were crossing against the light, they can’t recover anything. That’s not true. Texas uses a comparative negligence system. Even if you were partially at fault, you can still recover compensation as long as you weren’t more than 50 percent responsible for the accident.

Others have been told by the driver’s insurance company that their injuries aren’t as serious as they claim or that the settlement offer is fair. Insurance adjusters say this to everyone. Their job is to save money for their company, not to look out for you.

Types of Compensation Available in Pedestrian Accident Cases

When a driver hits a pedestrian in Texas, the injured person can pursue several types of damages. Understanding what you can recover helps you see why accepting an early settlement offer is usually a mistake.

Medical expenses cover everything from the ambulance ride to the emergency room visit, hospital stays, surgeries, physical therapy, and future medical care. If your doctor says you’ll need ongoing treatment or additional procedures, those costs should be included in your claim. Don’t let the insurance company tell you to settle before you know the full extent of your injuries.

Lost wages include the income you missed while recovering and any future earning capacity you lost because of permanent injuries. If you can’t return to your old job or have to take a position that pays less, that’s compensable. Some pedestrian accident victims suffer traumatic brain injuries or spinal cord damage that prevents them from working at all.

Pain and suffering accounts for the physical pain, emotional distress, and reduced quality of life that comes with serious injuries. This isn’t just about the injury itself. It’s about the sleepless nights, the anxiety, the inability to play with your kids or enjoy activities you used to love. Texas law recognizes that these losses are real and deserve compensation.

Property damage covers your personal belongings that were damaged or destroyed in the accident. This might include your phone, laptop, clothing, or other items you were carrying.

How Fault and Liability Work in Texas Pedestrian Cases

Texas Transportation Code § 552.005 gives pedestrians the right of way in crosswalks, and drivers must yield. But even when a pedestrian crosses outside a crosswalk or jaywalks, the driver still has a duty to exercise reasonable care to avoid hitting them. This is where many insurance companies try to shift blame.

Under Texas Civil Practice and Remedies Code § 33.001, Texas follows a modified comparative negligence rule. If you’re found to be 50 percent or less at fault, you can still recover damages. Your compensation gets reduced by your percentage of fault. If you’re found 51 percent or more responsible, you recover nothing.

This system makes it tempting for insurance companies to exaggerate what the pedestrian did wrong. They’ll point to any detail they can find to shift blame. Were you looking at your phone? Were you wearing dark clothing at night? Were you slightly outside the crosswalk? They’ll use all of it.

Multiple parties might share liability in a pedestrian accident. The driver is usually the primary defendant, but you might also have a claim against the vehicle owner if the driver was borrowing the car. In some cases, the city or county could be liable if a dangerous road condition contributed to the accident, such as a missing crosswalk signal, inadequate lighting, or a sight obstruction.

Rideshare and delivery drivers present unique liability issues. If an Uber, Lyft, DoorDash, or Amazon driver hits you, the company’s insurance policy might apply depending on whether the driver was logged into the app and whether they had a passenger or delivery at the time.

What Your Dallas Pedestrian Accident Case May Be Worth

The value of your case depends on the severity of your injuries, the clarity of liability, the insurance coverage available, and how the accident impacts your life. No ethical lawyer can give you an exact number after a five-minute conversation, but we can explain the factors that affect settlement value.

Catastrophic injuries like traumatic brain injuries, spinal cord damage, or amputations typically result in higher settlements because the medical costs and life impact are severe. A broken leg that heals completely in three months is worth less than permanent nerve damage that causes chronic pain.

Clear liability cases where the driver was obviously at fault (running a red light, hitting you in a marked crosswalk, or driving while intoxicated) tend to settle for more because the insurance company knows they’ll lose at trial. Cases with disputed fault or limited witnesses may require more negotiation.

Insurance policy limits matter. Texas requires drivers to carry minimum liability coverage of $30,000 per person, but many drivers carry more. If the driver who hit you only has minimum coverage and your damages exceed that amount, we’ll look for other sources of recovery, including your own underinsured motorist coverage.

Don’t trust online settlement calculators or generic information about “average” pedestrian accident settlements. Your case is unique. The best way to understand what yours is worth is to talk to a lawyer who can review the specific facts and give you an honest assessment.

What Happens After a Pedestrian Accident in Dallas

Understanding the claims process helps you avoid mistakes that could hurt your case. Most pedestrian accident claims follow a similar timeline, though every case is different.

The first step is getting medical treatment and documenting your injuries. Even if you think you’re okay, see a doctor. Some injuries don’t show symptoms right away. The insurance company will use any delay in treatment to argue you weren’t really hurt.

You or the police should file an accident report. In Dallas, crashes involving injuries are investigated by the Dallas Police Department. The officer will prepare a report that includes statements from you, the driver, and any witnesses, along with their assessment of who was at fault. You can request a copy of the police report from the Texas Department of Transportation.

The driver’s insurance company will contact you, often within 24 hours. They’ll seem friendly and concerned. They’re not. Their goal is to get you to say something they can use against you or to accept a settlement before you know how badly you’re hurt. Don’t give a recorded statement without talking to a lawyer first.

If you hire an attorney, we handle all communication with the insurance company. We’ll gather evidence including the police report, medical records, witness statements, surveillance footage if available, and accident reconstruction if needed. For serious injuries, we often work with medical experts who can testify about the long-term impact of your injuries and the cost of future care.

We’ll send a demand letter to the insurance company outlining your damages and the legal basis for liability. The insurance company will respond with a counteroffer, usually much lower than what we asked for. Most cases settle after several rounds of negotiation.

If the insurance company refuses to make a fair offer, we file a lawsuit. Cases filed in Dallas County are typically heard at the George Allen Sr. Courts Building. Even after filing suit, most cases still settle before trial. But having lawyers who are prepared and willing to go to trial gives you leverage in negotiations.

The time it takes to resolve your case varies. Simple cases with clear liability and modest damages might settle in a few months. Complex cases involving serious injuries and disputed liability can take a year or more. We understand you need money now, but we also won’t let the insurance company pressure you into accepting less than your case is worth.

Why Insurance Companies Fight Pedestrian Accident Claims

You’d think hitting a pedestrian would be an obvious case where the insurance company just pays. You’d be wrong. Insurance companies fight these claims hard because pedestrian accidents often result in severe injuries and high medical bills.

One common tactic is to blame the pedestrian. They’ll argue you weren’t paying attention, you were in an unsafe location, or you were intoxicated. Even if the driver was clearly at fault, they’ll look for any reason to reduce their payout.

Insurance adjusters also try to settle quickly before you know the full extent of your injuries. They’ll make an offer that sounds like a lot of money when you’re facing immediate bills, but it won’t cover your long-term needs. Once you accept a settlement and sign a release, you can’t go back for more money later.

They dispute medical treatment by claiming your injuries weren’t caused by the accident or that you’re getting unnecessary care. They’ll send you to their own doctor who conveniently finds that you’re not as injured as your treating physician says.

They delay the process hoping you’ll give up or accept less. They know many people can’t afford to wait for compensation. They use this financial pressure to their advantage.

Having a law firm that knows these tactics and how to counter them makes a difference. We’ve handled hundreds of personal injury cases across Texas. We know what insurance companies do, and we know how to fight back. Let us guide you through this.

What to Expect From Varghese Summersett

We handle pedestrian accident cases on a contingency fee basis, which means you don’t pay unless we recover money for you. Your initial consultation is free. We’ll review your case, answer your questions, and explain your options with no obligation.

If you hire us, we take over all communication with the insurance company so you can focus on recovering. We gather evidence, consult with experts, and build the strongest case possible. We keep you informed throughout the process and explain everything in plain English.

Most personal injury cases settle without going to trial, but we prepare every case as if it will go to court. Insurance companies know which lawyers are serious about trial and which ones aren’t. When they know you have lawyers who will fight, they make better offers.

We don’t push you to settle if the offer isn’t fair. This is your case and your decision. We’ll give you our honest recommendation, but the choice is always yours. We work for you, not the insurance company.

Mistakes That Hurt Your Pedestrian Accident Case

Many pedestrian accident victims make mistakes that reduce their compensation or eliminate their claim entirely. Knowing what to avoid protects your rights.

Waiting too long to hire a lawyer gives the insurance company time to build a defense against you. Evidence disappears. Witnesses forget details or move away. Surveillance footage gets deleted. The sooner we get involved, the better we can protect your interests.

Posting on social media about your accident or injuries gives the insurance company ammunition to use against you. If you post a photo of yourself at a party or doing an activity, they’ll argue you’re not really injured. Stay off social media until your case is resolved.

Missing medical appointments or not following your doctor’s treatment plan lets the insurance company argue you’re not really hurt or you’re not trying to get better. Go to all your appointments and follow your doctor’s instructions.

Talking to the driver’s insurance company without a lawyer almost always hurts your case. They’ll ask questions designed to get you to minimize your injuries or admit fault. Anything you say can be used against you later.

Accepting the first settlement offer is usually a mistake. Insurance companies always start low. They expect you to negotiate. The first offer is almost never the best they can do.

Dallas-Specific Factors in Pedestrian Accident Cases

Dallas has unique characteristics that affect pedestrian accident cases. The city’s rapid growth and heavy traffic create dangerous conditions for people on foot.

High-traffic areas like Downtown Dallas, Deep Ellum, Uptown, and the Bishop Arts District see frequent pedestrian accidents. These neighborhoods have a mix of bars, restaurants, and entertainment venues that draw large crowds of people walking. When you combine heavy pedestrian traffic with distracted or impaired drivers, accidents happen.

Major roads like Central Expressway, LBJ Freeway, and Stemmons Freeway have access roads with high speed limits where drivers often fail to watch for pedestrians. Accidents on these roads tend to be more severe because of the speeds involved.

DART light rail stations require pedestrians to cross roads and parking lots to access transit. Some stations have poorly designed crossings or inadequate lighting, contributing to accidents.

Dallas is known for aggressive driving and high rates of distracted driving. Many drivers are on their phones, eating, or otherwise not paying attention. This makes walking anywhere in Dallas more dangerous than it should be.

Dallas County juries tend to be conservative on damages, which affects how insurance companies evaluate cases. Our lawyers know how to present pedestrian accident cases to Dallas juries in ways that resonate and lead to fair verdicts.

When You Might Need to File a Wrongful Death Claim

Some pedestrian accidents result in death. When a loved one is killed by a negligent driver, Texas law allows certain family members to file a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71.

Wrongful death claims can recover funeral and burial expenses, medical bills from treatment before death, loss of the deceased person’s earning capacity, loss of companionship and guidance, and mental anguish. These cases are emotionally difficult and legally complex.

Only certain people can file a wrongful death lawsuit: the surviving spouse, children, and parents of the deceased. If none of these family members file within three months, the personal representative of the deceased’s estate can bring the claim.

The statute of limitations for wrongful death in Texas is two years from the date of death. Missing this deadline means losing the right to compensation. If you’ve lost a family member in a pedestrian accident, talk to a lawyer soon to understand your rights.

Frequently Asked Questions

How much does it cost to hire a Dallas pedestrian accident lawyer?

We work on a contingency fee basis. You pay no upfront fees and no hourly rates. We only get paid if we recover money for you, and our fee comes as a percentage of the settlement or verdict. Your initial consultation is completely free. This arrangement allows anyone to afford quality legal representation regardless of their financial situation.

What if I was partially at fault for getting hit?

Texas uses a modified comparative negligence system. As long as you were 50 percent or less at fault, you can still recover compensation. Your damages will be reduced by your percentage of fault. For example, if your total damages are $100,000 and you’re found 20 percent at fault, you’d recover $80,000. If you’re found 51 percent or more at fault, you can’t recover anything. Insurance companies try to inflate your percentage of fault to reduce what they pay.

How long do I have to file a pedestrian accident lawsuit in Texas?

The statute of limitations for personal injury claims in Texas is two years from the date of the accident. If you don’t file a lawsuit within two years, you lose your right to compensation. Some exceptions exist, but they’re rare. Don’t wait until the last minute. Evidence gets lost, witnesses disappear, and memories fade. The sooner you talk to a lawyer, the stronger your case will be.

What if the driver who hit me doesn’t have insurance or fled the scene?

If the driver was uninsured or underinsured, you might be able to recover under your own auto insurance policy’s uninsured/underinsured motorist coverage. Many people don’t realize their auto policy covers them even when they’re walking. If the driver fled and can’t be identified, your uninsured motorist coverage should still apply. We’ll review all available insurance policies to find coverage for your injuries.

Should I accept the insurance company’s first settlement offer?

No. The first offer is almost always much lower than what your case is worth. Insurance companies count on people being desperate for money and not understanding the value of their claims. They hope you’ll accept a quick settlement before talking to a lawyer. Once you accept a settlement and sign a release, you can’t come back for more money even if your injuries turn out to be worse than you thought. Let us review any offer before you make a decision.

Take the Next Step

If you were hit by a car while walking in Dallas, you have rights. The driver and their insurance company are responsible for your medical bills, lost wages, pain and suffering, and other damages. Don’t let them minimize your injuries or pressure you into accepting less than you deserve.

Varghese Summersett has the experience, resources, and commitment to fight for maximum compensation. We’ve been helping injured Texans for years, and we know how to win against insurance companies that try to deny or devalue legitimate claims. Our team of legal professionals are ready to help you.

Call us today at (214) 903-4000 to schedule your free consultation. We’ll review your case, answer your questions, and explain your options. You have nothing to lose and everything to gain. Don’t wait until it’s too late.