PEDESTRIAN INJURY LAWYERS SERVING DALLAS & THROUGHOUT TEXAS
When a pedestrian is hit by a moving vehicle, there is nothing to protect them from the impact: no airbag or seatbelt to minimize injuries. The reality is that the injuries from pedestrian accidents tend to be the most catastrophic compared to other types of traffic accidents, especially since the human body absorbs the impact.
The most important decision that you will make is hiring a Dallas pedestrian accident lawyer. Our team at Mignucci is here to help, offering a solid track record of success with these types of cases: $400,000 and $300,000 in Dallas pedestrian cases. We take an aggressive approach, with trial-ready legal representation to ensure that our clients receive the compensation they deserve.
We are based in Dallas-Fort Worth and serve clients throughout the state of Texas. Since our team is bilingual, we are prepared to work with clients who need legal representation in both Spanish and English. Rest assured knowing that we work on a contingency basis, which means that you don’t have to pay anything until we win your case. If you or a loved one was hit while walking, then it’s time to call us at (972) 370-3378. Our Dallas car accident lawyer is just a phone call away and ready to assist with all types of accidents, including pedestrian injuries, catastrophic accidents, wrongful death, and more.
WHY MIGNUCCI LAW FIRM IS A TOP CHOICE FOR PEDESTRIAN ACCIDENT CASES IN DALLAS
At Mignucci Law Firm, our team is proud to have a solid track record of success: $400,000 and $300,000 in Dallas pedestrian cases. We are aggressive in our negotiations and always ready to take your claim to trial if needed. You deserve to have a pedestrian accident lawyer in Dallas who will fight for your legal rights.
Our founder, Gustavo “Gus” Mignucci, is one of the leading trial attorneys in Texas. He has been recognized as one of D Magazine’s Best Lawyers Under 40, a Super Lawyers Rising Star, and one of the National Trial Lawyers’ Top 40 Under 40. Over the years, our firm has recovered more than $20 million for injury victims across 1,000+ cases. Our online reviews speak for themselves, with a 5.0 rating on Google.
Our results speak for themselves: we helped one client who was injured in a pedestrian accident collect a $400,000 settlement. They sustained a traumatic brain injury and were compensated for both economic and non-economic damages.
In Dallas, there is a large Hispanic pedestrian population that needs legal representation in Spanish. Mignucci is bilingual and Latino-owned. We are located at 5344 Alpha Road in Dallas and offer legal representation for clients throughout the state of Texas. When you talk to our pedestrian injury attorney in Dallas, you don’t need to pay anything upfront because we work on contingency. Contact us today to meet Gus and the team and discuss your case in a no-obligation consultation.
TYPES OF PEDESTRIAN ACCIDENT CASES WE HANDLE
Our pedestrian accident lawyer in Dallas is ready to handle the full range of these cases, including:
The most common place for a pedestrian accident to happen is when someone is walking in a crosswalk. A person can be hit when drivers run red lights, turn without looking, or fail to yield. Under Texas law, the pedestrian has the right of way in the crosswalk, meaning that traffic must yield.
Too often, left-turn and right-turn crashes happen because a driver is more focused on oncoming vehicle traffic and doesn’t see the pedestrian entering the crosswalk right in front of them.
If you or a loved one was hit by a driver who fled the scene, then make sure to talk to a Dallas pedestrian accident attorney about how to get compensation through uninsured motorist coverage. You need a team to do an investigation quickly before evidence disappears, to identify the driver if possible.
Backing-up crashes are a common cause of pedestrian accidents in a parking lot. Other potential causes include blind-corner impacts and drivers pulling out of parking spaces without looking around. In parking lot pedestrian accidents, there are times when property owners may also share liability (under Texas premises law).
The injuries and consequences are more severe when an impaired driver is involved in the crash, especially since these accidents have higher fatality rates. Talk to a drunk driving accident lawyer right away to learn more about how punitive damages work under Tex. Civ. Prac. & Rem. Code Ch. 41.
Proving liability can be a bit more complicated when the driver was on an Uber, Lyft, DoorDash, or Instacart run. Our rideshare accident lawyer can help you understand the best way to move forward, based on the rideshare or delivery company’s commercial policy.
Under Tex. Civ. Prac. & Rem. Code § 71.002, surviving family members may have the option to file a wrongful death claim. Contact our wrongful death attorney as soon as possible to see if you are eligible to file.
TEXAS PEDESTRIAN LAWS AND THE LISA TORRY SMITH ACT
Effective September 1, 2021, Texas made it a crime for a driver to hit a pedestrian in a crosswalk. This criminal negligence law is named after Lisa Torry Smith, who was killed while walking her son to school in 2017. This type of violation is a minimum of a Class A misdemeanor and can even result in a state jail felony if the pedestrian suffers serious bodily injury. This criminal statute strengthens your civil case even when charges are never filed.
When pedestrians are in marked and unmarked crosswalks, drivers must stop and yield. Drivers may not proceed into the half of the roadway where the pedestrian is crossing, or approach closely enough from the opposite half to put the pedestrian in danger. School crossing guards have full traffic control authority. Also, drivers must always yield to pedestrians on sidewalks when the car is entering or exiting driveways.
Extra protections are in place for pedestrians with disabilities. Drivers must yield to pedestrians using white canes or guide dogs, regardless of whether they’re walking in a marked crosswalk.
Not only are drivers responsible for pedestrian safety, but pedestrians also hold the responsibility for certain safety rules. For example, pedestrians must use sidewalks if they are available, walk facing traffic when there is no sidewalk, and always obey pedestrian signals. If these types of pedestrian rules are violated, then the comparative negligence rule in Texas may reduce or even eliminate a pedestrian’s injury compensation.
WHO CAN BE HELD LIABLE IN A DALLAS PEDESTRIAN ACCIDENT
Multiple parties might be held liable in your claim, which is why it is essential to talk to a pedestrian accident attorney in Dallas for personalized legal support.
The driver is the first place to look at for liability, especially since they are often personally liable through their auto insurance policy. The Lisa Torry Smith Act is an example of the driver’s duty of care, regardless of criminal charges or convictions relating to the accident.
If the driver was working, delivering, or driving a company vehicle when the pedestrian accident occurred, then your Dallas pedestrian accident lawyer might recommend pursuing compensation through the employer’s commercial insurance policy through vicarious liability.
When the driver was on an active trip for Uber, Lyft, or a delivery app, then higher coverage limits are often available through the commercial policy behind that trip. This type of coverage often provides higher settlement amounts than personal auto insurance.
In some cases, government or property owners may share liability based on the condition of the accident site. Examples might include defective sidewalks, missing crosswalk signals, obstructed sightlines, or poorly lit intersections. In these situations, the City of Dallas, TxDOT, or a nearby property owner might be named in the lawsuit.
COMPENSATION AVAILABLE IN PEDESTRIAN ACCIDENT CASES
Because a pedestrian doesn’t have any crash protection, they almost always walk away with more severe injuries than the driver of the car. Some of the most common injuries include traumatic brain injury, spinal cord injury, multiple fractures, internal organ damage, road rash, severe lacerations, permanent disfigurement, and, in the worst cases, wrongful death. It’s essential that you contact a Dallas pedestrian accident law firm to ensure that you receive fair compensation for your injuries.
| Economic | Non-Economic | Exemplary |
| ER and hospital bills | Physical pain and suffering | Available under Tex. Civ. Prac. & Rem. Code Ch. 41 when the driver’s gross negligence caused the crash, including drunk driving, distracted driving on a phone, or a hit and run |
| Surgery and future medical care | Emotional distress and PTSD | Capped at the greater of $200,000 or 2x economic damages plus up to $750,000 non-economic damages |
| Physical therapy and rehabilitation | Loss of enjoyment of life | |
| Prescription medications | Permanent disfigurement or disability | |
| Lost wages and reduced earning capacity | Loss of consortium | |
| Home modifications and assistive equipment, funeral expenses |
WHAT TO AVOID IMMEDIATELY AFTER A PEDESTRIAN ACCIDENT
Even if the injuries seem mild at first, always accept ambulance transport to ensure that you have access to the medical care that you need. Pedestrian accidents often result in injuries that are delayed, including internal bleeding and traumatic brain injury. If you refuse the ambulance, then it gives the defense an argument that your injuries weren’t caused by the accident.
Don’t say anything at the accident scene. Even a polite apology can be used against you. Avoid having a conversation with the driver about how the crash happened.
You can expect that the insurance adjuster will probably call within 48 hours. Make sure that you have already talked with a pedestrian accident law firm in Dallas first. Don’t talk to insurance representatives without having legal representation.
Most of the time, the initial settlement offers are well below the real value of the pedestrian accident case. Don’t rush to accept the settlement, because you need to understand the actual value of current medical expenses and future-care costs.
It’s common for insurance defense to start watching the victim’s social media accounts, which is why you shouldn’t be posting anything online after the accident. The defense team is looking for anything that might be used against you, such as photos, activity check-ins, and comments. They will argue that you’re not as injured as you claim.
If there is surveillance video from nearby businesses, the records typically overwrite within days. Also, witnesses become less reliable after time passes. Even though the statute of limitations is two years from the date of the accident, it’s best to hire a Dallas pedestrian accident lawyer as soon as possible to start gathering evidence.
HOW MIGNUCCI LAW FIRM HANDLES INSURANCE NEGOTIATIONS IN PEDESTRIAN CASES
In pedestrian accident cases, there are two common defenses that the insurance companies might use:
- Comparative Fault: “You stepped out of the crosswalk.”
- Injury Minimization: “The impact wasn’t severe enough to cause your injuries.”
Both of these arguments require strong evidence to beat the claims, which is why you need to hire a Dallas pedestrian accident lawyer.
Our team at Mignucci Law Firm begins the investigation immediately. We request copies of the police report, send surveillance preservation letters to nearby businesses within 24 to 48 hours, subpoena the city for traffic signal and pedestrian signal timing records, conduct witness interviews while memories are fresh, hire accident reconstruction experts to prove speed and impact dynamics, and obtain driver phone records if it’s suspected that the distraction was involved in the accident.
Once we have built a strong case, then it’s time to move forward with the negotiations. We find every insurance policy that might apply, including the driver’s auto coverage, employer commercial coverage, your own UM/UIM coverage (if the driver was uninsured), and any rideshare or delivery company policy. In these negotiations, if catastrophic injuries were involved, then we demand full policy limits. Our legal team is aggressive, and we never accept lowball offers just to close the case. If negotiations show that insurers won’t pay fair value, then Mignucci Law Firm is ready to file suit and take the case in front of a Dallas jury.
TEXAS DEADLINES AND FAULT RULES
Under Tex. Civ. Prac. & Rem. Code § 16.003, personal injury claims need to be filed within 2 years of the date of the accident. Families have two years after the date of death to file a wrongful death claim.
In the state of Texas, comparative negligence applies, which means that injured pedestrians can only recover damages if their share of fault doesn’t exceed 50%. Insurance companies often try to reduce the payouts by arguing that the pedestrian was partially at fault because they were outside a crosswalk or ignored a signal. Strong evidence is needed to contest these arguments and prove liability.
Under Tex. Transp. Code § 552.003, drivers are required to yield to pedestrians in any crosswalk, including both marked and unmarked crosswalks. Every intersection is legally a crosswalk unless there are signs that say otherwise.
Under Tex. Civ. Prac. & Rem. Code Ch. 41, punitive damages might be awarded when gross negligence applies. For example, this extra compensation is designed to punish the driver when their conduct was reckless, they were drunk or distracted, or the driver left the scene.
OUR COMMITMENT TO THE DALLAS COMMUNITY
Mignucci Law Firm offers trusted legal services in Dallas and throughout the state of Texas. We are based at 5344 Alpha Road in Dallas, and we are here to support clients in Dallas, Fort Worth, Plano, Frisco, Arlington, Irving, Garland, and any other part of the state. Our trial attorney, Gustavo Mignucci, has a strong reputation in the local industry and has been recognized by D Magazine, Super Lawyers, and the National Trial Lawyers Association.
Every client that we work with has direct accident to their pedestrian accident attorney in Dallas. We offer personalized services, ongoing communication, and consistent updates to keep you in the loop every step of the way.
DALLAS PEDESTRIAN ACCIDENT STATISTICS
- There were 73 fatal pedestrian crashes and 151 severe pedestrian injuries in Dallas in 2024, according to TxDOT’s crash records and reports.
- Statewide, pedestrian accidents account for about 20% of all Texas roadway fatalities. Also, pedestrian deaths have risen 69% over the last decade, according to the Texas A&M Transportation Institute.
- Even though only about 2% of Dallas residents walk to work, pedestrians account for roughly 30% of the city’s traffic deaths, according to the Vision Zero Dallas Action Plan.
- Nationally, NHTSA reported 7,080 pedestrian deaths and more than 71,000 pedestrian injuries in 2024, with roughly three-quarters of those deaths occurring in dark conditions.
- Some of the most dangerous Dallas intersections for pedestrian accidents include Harry Hines Boulevard, Martin Luther King Jr. Boulevard, Jefferson Boulevard in Oak Cliff, Garland Road, and Buckner Boulevard.
FREQUENTLY ASKED QUESTIONS ABOUT PEDESTRIAN ACCIDENT
This Texas law requires drivers to stop and yield when there are pedestrians in crosswalks. Any violations that cause injury can result in criminal penalties for the driver. Even if there are no criminal charges filed, we can still strengthen your civil case with this act by reinforcing the driver’s legal duty of care.
The statute of limitations is two years from the date of the accident, according to Tex. Civ. Prac. & Rem. Code § 16.003. Wrongful death claims must be filed within two years from the date of death.
Yes, pedestrians generally have the right of way in a crosswalk. Drivers must stop and yield to pedestrians who are in both marked and unmarked crosswalks (under Tex. Transp. Code § 552.003). Even if a person is outside a crosswalk, drivers still have a duty of care to protect the pedestrians.
You may still have a claim, even when the accident happened outside of a crosswalk. Texas’s comparative negligence rule allows damages to be recovered as long as your share of fault doesn’t exceed 50%.
When a hit-and-run occurs, you might be able to receive compensation through your own uninsured motorist coverage. Additionally, our team at Mignucci Law Firm can perform a thorough investigation to see if it’s possible to identify hit-and-run drivers.
Yes, compensation may still be available as long as your share of fault is not more than 50%. This modified comparative negligence rule can decrease or eliminate compensation based on the determination of liability. You need a pedestrian accident lawyer in Texas to help with your claim, so there is evidence to reduce your fault as the pedestrian.
Potential compensation for pedestrian accidents often includes economic damages (medical bills, lost wages), non-economic damages (pain and suffering, emotional distress), and punitive damages if the driver’s behavior was reckless (such as drunk or distracted driving).
If the driver was on an active trip for a rideshare or delivery app, then our legal team will help you determine if you can pursue compensation through the company’s commercial insurance policy. These insurance policies often have much higher limits than a personal auto policy.
Yes, our team at Mignucci Law Firm has experience with pedestrian injury cases, and we offer legal services in both Spanish and English. We are proud to be a Latino-owned firm and have a strong reputation for winning pedestrian accident cases throughout Dallas and Texas.
When you choose Mignucci Law Firm, your pedestrian accident case is paid on contingency. This means that you don’t need to pay anything upfront. We only get paid if you receive a settlement for your claim. Call 972-370-3378 for a free, no-obligation consultation.
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