July 8, 2026 | Personal Injury

Rights of Injured Pedestrians in Dallas, TX

Pedestrians have the right to use sidewalks, crosswalks, and roadways safely. Unfortunately, drivers do not always exercise the caution required to protect people on foot. When a pedestrian is struck by a car, truck, motorcycle, or other vehicle, the injuries are often severe because pedestrians have little protection against the force of impact.

If you were injured in a pedestrian accident in Dallas, Texas, you may have the right to seek compensation if another person’s negligence caused the crash. Understanding your legal rights can help you protect your health, your finances, and your future.

Pedestrians Have the Right to Pursue Compensation

Under Texas law, injured pedestrians have the same right as other accident victims to pursue compensation from the party responsible for their injuries. Most pedestrian accident claims are based on negligence, meaning the injured person must show that someone else failed to use reasonable care.

For example, a driver may be liable if they:

Failed to yield at a crosswalk
Ran a red light or stop sign
Was distracted by a cell phone
Drove while impaired by drugs or alcohol
Speeded through an intersection
Failed to watch for pedestrians while turning
Backed up without checking for people behind the vehicle

Drivers have a duty to remain alert and take reasonable steps to avoid striking pedestrians. When they fail to do so, they can often be held financially responsible for the harm they cause.

You May Recover Several Types of Damages

A serious pedestrian accident can result in overwhelming financial and personal losses. If someone else’s negligence caused your injuries, you may be entitled to recover compensation for both your economic and non-economic damages.

Depending on your case, compensation may include:

Medical expenses
Future medical treatment and rehabilitation
Lost wages
Loss of future earning capacity
Pain and suffering
Emotional distress
Permanent disability
Scarring and disfigurement
Loss of enjoyment of life

Every case is unique, and the amount of compensation available depends on factors such as the severity of your injuries, the extent of your financial losses, and the evidence supporting your claim.

What If You Were Partially at Fault?

Texas follows a modified comparative negligence rule. This means you may still recover damages if you were 50% or less responsible for the accident. However, your compensation will generally be reduced by your percentage of fault. If you are found to be more than 50% responsible, you typically cannot recover damages from the other party.

Insurance companies frequently try to shift blame onto injured pedestrians to reduce what they have to pay. An experienced personal injury attorney can help gather evidence and challenge unfair allegations of fault.

Important Evidence Can Protect Your Rights

The success of a pedestrian accident claim often depends on the available evidence. The sooner evidence is preserved, the easier it may be to establish what happened and who was responsible.

Helpful evidence may include:

Police accident reports
Photographs of the accident scene
Surveillance or traffic camera footage
Witness statements
Medical records
Vehicle damage
Cell phone records, when distracted driving is suspected
Expert accident reconstruction analysis

Building a strong claim often requires a thorough investigation before important evidence disappears.

Time Limits Apply to Pedestrian Accident Claims

Texas law limits the amount of time you have to file most personal injury lawsuits. In general, injured pedestrians have two years from the date of the accident to file a lawsuit seeking compensation.

Missing this deadline can prevent you from recovering damages, even if your injuries are serious and the other party was clearly at fault. Because exceptions may apply in certain situations, it is often beneficial to speak with a lawyer as soon as possible after an accident.

How a Lawyer Can Help

Recovering from a pedestrian accident can be physically, emotionally, and financially overwhelming. While you focus on your medical treatment, an attorney can handle the legal process and protect your interests.

A personal injury lawyer may help by:

Investigating the accident
Identifying all liable parties
Preserving critical evidence
Working with medical and accident reconstruction experts
Calculating the full value of your damages
Negotiating with insurance companies
Filing a lawsuit if a fair settlement cannot be reached

Having experienced legal representation can help level the playing field when dealing with insurers focused on minimizing payouts.

Contact a Dallas Pedestrian Accident Lawyer at Benton Accident & Injury Lawyers for a Free Consultation

If you were injured in a pedestrian accident in Dallas, you should not have to navigate the legal process alone. The experienced team at Benton Accident & Injury Lawyers can investigate your case, explain your legal rights, and fight to recover the compensation you deserve.

About the Author

Jeff Benton

Jeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.