
6 Steps to Take After a Pedestrian Accident
Read this article to learn about the steps to take after a pedestrian accident to protect your health and rights.
Imagine a typical morning in the heart of the city. You’re navigating busy downtown intersections or walking near the bustling campus corridors where commuters, ride-shares, and cyclists all compete for the same square inch of asphalt. Austin is growing fast, and with that growth comes a dangerous surge in traffic density.
When a vehicle strikes a person, the impact is never just physical. It’s an immediate financial and emotional crisis that can derail your life. Whether you’re dealing with mounting medical bills or the stress of lost wages, you shouldn’t have to face insurance giants alone. An experienced Austin pedestrian accident lawyer understands that these claims require a different strategy than standard car wrecks. At RMD Law, we help victims navigate Texas laws to secure the justice they deserve.
Choosing an Austin pedestrian accident attorney is a high-stakes decision. You need a team that understands local traffic patterns and the specific challenges of Texas litigation. At RMD Law, our proven track record reflects a commitment to securing fair compensation for victims through strategic, localized case handling.
We prioritize a client-centered approach, providing regular updates so you never feel lost in the legal system. Our firm leverages a deep network of experts—including medical professionals and accident reconstructionists—to build the strongest possible claim. Hiring professional representation ensures you aren’t bullied by insurance adjusters who aim to minimize your recovery.
We aggressively pursue every available dollar for your damages while treating your recovery with the empathy it deserves. The right attorney should offer both legal muscle and clear communication. If you want a pedestrian accident attorney in Austin who refuses to settle for less than you are owed, RMD Law is ready to step in and fight for you.
Texas law allows victims to pursue several types of compensation to address the financial and personal fallout of a crash. An Austin pedestrian accident lawyer can help you categorize these losses to ensure no stone is left unturned during negotiations.
These cover tangible, out-of-pocket expenses. You can seek reimbursement for hospital stays, surgeries, physical therapy, and medical equipment. It also includes lost wages and the loss of future earning capacity if you can no longer perform your job.
These address the intangible impact on your life. This includes compensation for physical pain, emotional distress, disfigurement, and the loss of enjoyment of life’s daily activities.
In cases involving gross negligence—such as a drunk driver—the court may award these to punish the defendant and deter similar behavior.
If the driver who hit you lacks sufficient insurance or flees the scene, your own policy might cover your damages.
Securing the full value of your claim requires a deep understanding of these categories. A dedicated Austin pedestrian accident attorney ensures your settlement reflects the true cost of your recovery.
Pedestrian accidents often occur in a split second, yet their consequences last a lifetime. In a busy urban environment like Austin, the mix of high-speed traffic and heavy foot traffic creates constant risks. Understanding why these incidents happen is the first step toward holding negligent parties accountable.
Because pedestrians have zero protection, the injuries sustained in a vehicle strike are almost always severe. Common injuries include:
If you have suffered any of these injuries, an Austin pedestrian accident lawyer can help you document the full extent of your medical needs. Dealing with the aftermath is overwhelming, but a pedestrian accident attorney in Austin ensures that your future care is factored into your claim.
Navigating the legal aftermath of a crash requires a clear understanding of the rules that govern Texas roads. These laws dictate how fault is assigned and how much compensation you can actually take home.
Under the Texas Transportation Code, drivers must yield to pedestrians in marked or unmarked crosswalks. If you are facing a “Walk” signal or are already in the roadway when the light changes, motorists are legally required to stop.
Even when a pedestrian is not in a crosswalk, Texas law imposes a “due care” requirement on drivers. Motorists must exercise constant vigilance to avoid colliding with anyone on the road, especially children or obviously confused individuals.
Pedestrians must use sidewalks if they are provided and accessible. If no sidewalk exists, you should walk on the left side of the road or the shoulder, facing oncoming traffic.
Texas follows a “51% Bar” rule. You can still recover damages even if you were partially at fault (such as crossing outside a crosswalk), provided your responsibility is not greater than 50%. However, your final settlement will be reduced by your percentage of fault. For instance, if you are found 20% responsible, you will receive 80% of the total award.
Insurance companies often use these rules to shift blame onto the victim to save money. A pedestrian accident attorney in Austin can defend your rights and ensure fault is distributed fairly.
If you believe the driver’s negligence caused your injuries, an Austin pedestrian accident attorney will help you build a case that reflects the truth of the incident. Understanding these nuances is essential to protecting your claim and securing your financial future.
The moments following a collision are chaotic, but the steps you take immediately can significantly impact your physical recovery and your legal claim. Following a clear post-accident protocol helps preserve evidence that might otherwise vanish.
Even if you feel fine, adrenaline can mask serious internal injuries or concussions. A medical evaluation creates an official link between the accident and your injuries.
Call the police so an officer can file a formal crash report. This document is a cornerstone of any future legal action.
If you are physically able, take photos of the vehicle, the road conditions, and any visible injuries. Exchange contact and insurance information with the driver, and get the names of any witnesses.
Avoid apologizing or admitting fault to the driver or insurance adjusters. Statements made in the heat of the moment can be used to devalue your claim later.
Before signing any paperwork or accepting a quick settlement offer, speak with an Austin pedestrian accident lawyer. Insurance companies often offer lowball amounts that don’t cover long-term care.
Taking these actions ensures you are on the right path toward justice. A pedestrian accident attorney in Austin can take over the investigation and communication with insurers, allowing you to focus entirely on your healing. Promptly securing legal guidance helps protect your rights before evidence, like traffic camera footage, is erased.
Time is a critical factor in any personal injury case, and missing a deadline can be a permanent mistake. In Texas, specific rules dictate how long you have to act before your right to seek justice expires.
Under the Texas Civil Practice and Remedies Code, the statute of limitations for most pedestrian accident claims is two years from the date of the incident. If you fail to file a formal lawsuit within this window, the court will likely dismiss your case, leaving you responsible for all medical and financial burdens.
If your accident involves a government entity—such as a city-owned bus, a state vehicle, or dangerous road conditions on public property—the timeline is much tighter. You may only have six months (or less) to file a formal “Notice of Claim” depending on local municipal codes.
Beyond legal deadlines, acting quickly is vital for your case’s strength. Dashcam footage, business surveillance tapes, and even black-box data from the striking vehicle are often deleted or overwritten within days or weeks.
An Austin pedestrian accident lawyer can help you track these high-stakes deadlines and ensure all paperwork is filed correctly. Hiring an Austin pedestrian accident attorney early allows your legal team to secure disappearing evidence while it’s still available.
One of the biggest misconceptions about legal help is that it’s unaffordable for the average person. At RMD Law, we eliminate financial barriers by working on a contingency fee basis. This means you pay $0 out of pocket to get your case started.
Hiring a professional ensures you aren’t paying for the insurance company’s mistakes. An Austin pedestrian accident lawyer provides the high-level advocacy you need without the stress of hourly bills.
Understanding the data behind local traffic incidents highlights the serious risks people face on our roads every day. Statistics from the City of Austin and state reporting reveal the following trends:
These numbers aren’t just data—they represent real lives. If you’ve become a part of these statistics, a pedestrian accident attorney in Austin can help you seek the accountability you deserve. Let an Austin pedestrian accident lawyer handle the legal complexities while you focus on your health.
Pedestrian accident settlements in Texas vary based on injury severity and insurance limits. Minor cases may settle for $10,000–$25,000, while severe injuries like fractures or TBIs often range from $100,000 to over $1 million. Factors like shared fault and the at-fault driver’s policy max significantly influence the final payout.
If the driver fled the scene, you can often recover compensation through your own Uninsured Motorist (UM) or Personal Injury Protection (PIP) coverage. RMD Law also works with investigators to review local surveillance and witness testimony to help identify the responsible party.
Yes. Texas follows “modified comparative negligence.” You can recover damages as long as you are 50% or less at fault (e.g., jaywalking while a driver was speeding). However, your settlement is reduced by your fault percentage. If you are 51% or more responsible, you cannot recover anything.
Timeline for pedestrian accident claim depends on the complexity of your injuries and liability. Simple cases may settle in 4–8 months. More complex claims involving long-term medical treatment or disputed fault can take 12–24 months. We ensure you reach Maximum Medical Improvement before settling to capture all future costs.
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At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
Over $250,000,000 total recent personal injury wins for our clients. Our dedicated personal injury lawyers are eager to fight for you.
RMD Law found an insurance code violation by the defense insurance company in a dog bite injury case. With smart lawyering, we used the violation to argue that the $100,000 policy limits no longer applied.
The insurance company wrongfully refused to pay our client the $100k policy limit in a rollover auto accident. RMD Law refused to take no for an answer, and filed a lawsuit alleging bad faith, ultimately winning millions for our deserving client.
Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
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We care about your recovery. We stake our reputation on it.
Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He has defended scores of depositions and understands what it takes to get the best possible results.
Shabnam’s passion for the law began with a simple goal: to help people who may not know their rights and stand up for those who need a strong advocate on their side.