Dallas Pedestrian Accident Lawyer
Were you or someone you love hit by a negligent driver while trying to cross the street? You may be entitled to compensation for your injuries and pain.
A pedestrian accident can subject the human body to a full-force impact. The injuries can leave a lasting effect on your physical and mental health. Internal bleeding, traumatic brain injury, spinal cord damage, broken bones, amputations, and permanent scarring can all affect your ability to function at work or in everyday settings.
Unfortunately, the aftermath can be just as brutal: surgeries, rehab, lost income, and a family trying to hold everything together while insurance companies look for reasons to pay less.
You don’t deserve lowball offers or delays. If you’re looking for a Dallas pedestrian accident lawyer who will treat your injuries seriously, Charlie Waters Law is ready to step in and protect your rights. We’ll lay out your next steps clearly and build an evidence-driven case designed to hold up in court.
Injured. Vulnerable. Not Defenseless.
NO FEES UNLESS WE RECOVERY FOR YOU
- ZERO Fees Until We Recover for You
- FREE Consultations to Assist You with All Questions
- ZERO Obligation in Talking With Us. That’s totally free.
We want to answer your questions! We’re here to help.
WE WILL HELP YOU
- Understand the Texas Statutes That Apply to Pedestrian Accident
- Understand How We Will Build Your Claim: Step-by-Step
- Get a Maximum Recovery for Your Claim
No Shortcuts. No Discounts.
Your injuries are real. Your losses are real.
And we don’t believe in discounting either one.
What happened in your pedestrian accident and how can we help you?
A Personal Message to Pedestrian Accident Victims from Charlie Waters
Every Pedestrian Deserves to Feel Safe. Every Driver Has a Responsibility.
There’s something especially troubling about a pedestrian being struck by a motor vehicle. People should be able to walk through their neighborhoods, cross a street, or take their children for a stroll without fearing for their lives. Parents pushing babies in strollers, families walking together, and children crossing streets depend on motorists to remain attentive and respect their right-of-way. Unfortunately, that vigilance is sometimes missing, and the consequences can be devastating.
I’ve represented seriously injured people for more than four decades, including many who have suffered traumatic brain injuries and other catastrophic injuries. Pedestrian collisions are particularly concerning because the human body has virtually no protection against the force of a moving vehicle. We’ve seen firsthand how these accidents can cause devastating brain injuries, complex fractures, permanent disabilities, and profound changes in the lives of victims and their families. We understand the physical suffering, emotional trauma, and uncertainty that follow when an ordinary walk turns into a life-changing tragedy.
At Charlie Waters Law, we pay particular attention to the circumstances surrounding pedestrian collisions. When a collision occurs at a crosswalk, we often visit the scene ourselves to examine the roadway, the visibility of the crosswalk markings, traffic signals, lighting, and the driver’s approach. If police photographs fail to adequately capture clearly marked crosswalks or other important evidence, we make certain that evidence is documented. We want to demonstrate not simply that a driver struck a pedestrian, but how the collision could and should have been avoided.
I also believe we have a responsibility to promote greater awareness of pedestrian safety and the laws protecting people who share our roadways. Drivers must recognize that approaching a crosswalk demands heightened attention, particularly when children, families, or other pedestrians are nearby. Respecting pedestrian rights isn’t simply a legal obligation. It’s a matter of protecting human lives.
If you or someone you love has been injured in a pedestrian accident, I want you to know that we understand what’s at stake. We will take your injuries seriously, investigate what happened thoroughly, and fight to hold those responsible accountable.
Charlie Waters
Founder, Charlie Waters Law
Texas Brain Injury Law Center
Articles
What You Should Know
Texas Pedestrian Right-of-Way Laws: Understanding Your Rights and a Driver's Responsibilities
Texas law establishes specific rules protecting pedestrians and defining when motorists must stop, yield, and exercise caution. These rules are especially important because pedestrians have virtually no protection when struck by a motor vehicle. Drivers must understand their responsibilities, and pedestrians should understand their rights—while never assuming that an approaching driver will obey the law.
When Must Drivers Yield to Pedestrians?
Under Texas Transportation Code § 552.002, motorists must stop and yield to pedestrians crossing with a WALK signal. At crosswalks without operating traffic signals, § 552.003 requires drivers to stop and yield when a pedestrian is on the driver’s half of the roadway or approaching closely enough from the opposite half to be in danger.
Importantly, a crosswalk does not always have to be painted on the pavement to be legally recognized. Unmarked crosswalks at intersections can also provide pedestrian protections. Drivers are additionally prohibited from passing another vehicle stopped at a crosswalk to allow a pedestrian to cross.
What Responsibilities Do Pedestrians Have?
Pedestrians must also exercise reasonable care. Under § 552.005, pedestrians crossing outside a marked crosswalk or an unmarked intersection crosswalk generally must yield to vehicles. They must also obey applicable traffic signals and cannot suddenly step into the path of a vehicle so close that the driver cannot reasonably stop.
Nevertheless, a pedestrian’s failure to have the right-of-way does not give a motorist permission to disregard their safety. Under § 552.008, drivers must exercise due care to avoid striking pedestrians, sound their horns when necessary, and take special precautions when encountering children or obviously confused or incapacitated persons.
When Violating a Pedestrian Safety Law Becomes Negligence Per Se
Texas recognizes the legal doctrine of negligence per se, under which violation of an applicable safety statute may establish the breach of a legal duty without separately proving that the conduct fell below the ordinary reasonable-care standard. Its application depends on the statute, the circumstances, and recognized legal qualifications.
In pedestrian accident litigation, this can be particularly important when a driver violates a statutory right-of-way requirement. A proven statutory violation may provide a powerful basis for establishing negligence, although causation, damages, and any comparative responsibility must still be addressed.
How Charlie Waters Law Uses These Laws to Protect Pedestrians
We routinely investigate whether drivers violated pedestrian right-of-way laws, failed to maintain a proper lookout, or disregarded other safety obligations. Through witness testimony, surveillance footage, accident reconstruction, and roadway evidence, we work to establish precisely how the collision occurred.
Pedestrians have legal rights. Drivers have legal responsibilities. At Charlie Waters Law, we fight to hold negligent motorists accountable when those responsibilities are violated.
“I Never Saw Them”: Why That Excuse Doesn't Necessarily Protect a Negligent Driver
“I never saw them.” It’s one of the most common explanations drivers give after striking a pedestrian. Sometimes it’s true. But failing to see a pedestrian doesn’t excuse a driver from responsibility. In fact, it may be evidence of the very negligence that caused the collision.
Texas drivers have a duty to maintain a proper lookout, remain attentive, and exercise reasonable care to avoid striking pedestrians. That responsibility becomes especially important near intersections, crosswalks, school zones, and other areas where pedestrians can reasonably be expected. A driver cannot simply claim that someone appeared out of nowhere without examining whether the pedestrian should have been seen in time to avoid the collision.
At Charlie Waters Law, we begin with a fundamental question: Was the pedestrian truly impossible to see, or did the driver simply fail to look?
Answering that question requires careful investigation. We examine sight lines, roadway lighting, weather conditions, traffic signals, crosswalk markings, and potential obstructions. We search for surveillance footage, interview witnesses, and investigate possible driver distractions. When appropriate, we retain accident reconstruction experts to evaluate vehicle speed, stopping distances, perception-reaction time, and opportunities to avoid the collision.
A pedestrian may have been visible for several seconds before impact. Through photographs, measurements, diagrams, and animations, we can demonstrate what the driver could have seen, when the danger should have been recognized, and whether reasonable evasive action could have prevented the collision.
These cases also involve an important psychological dimension. Drivers may sincerely believe they were paying attention, even when the physical evidence suggests otherwise. A driver’s honest belief that the collision was unavoidable doesn’t establish that it actually was. We distinguish perception from reality through objective evidence rather than accepting the driver’s explanation at face value.
At Charlie Waters Law, we don’t accept “I never saw them” as the end of the investigation. We consider it the beginning. When a pedestrian suffers devastating injuries, the critical question isn’t simply whether the driver saw the pedestrian. It’s whether a reasonably attentive driver should have seen them—and prevented the collision.
The Second Impact: Why Pedestrian Accidents Cause Such Devastating Brain Injuries
When a pedestrian is struck by a motor vehicle, the initial collision may be only the beginning of the trauma. What many people don’t realize is that a pedestrian may suffer two separate, violent impacts—and the second can be just as devastating as the first.
The first impact occurs when the vehicle strikes the pedestrian, often throwing the person onto the hood, windshield, or into the air. The second occurs when the pedestrian strikes the pavement, sometimes headfirst, with tremendous force. Depending on the circumstances, the head may strike the vehicle, the roadway, or both. Each impact can produce a traumatic brain injury, and the combined forces can be catastrophic.
The brain is particularly vulnerable to sudden acceleration, deceleration, and rotational forces. These forces can cause the brain to move and deform within the skull, potentially damaging delicate nerve fibers, blood vessels, and neural connections. The resulting injuries may include concussions, brain contusions, intracranial hemorrhages, and diffuse axonal injuries.
Equally troubling is that some brain injuries are not immediately apparent. A pedestrian may leave the emergency room with a normal CT scan, only to develop persistent headaches, memory difficulties, impaired concentration, dizziness, sleep disturbances, or personality changes. A normal scan does not necessarily exclude a concussion or other traumatic brain injury.
At Charlie Waters Law, traumatic brain injury litigation has been a particular focus of my practice for decades. My experience representing brain-injured clients led me to establish the Texas Brain Injury Law Center, an educational resource for survivors and their families. I’ve also been recognized as a Top 25 Brain Injury Lawyer, reflecting my longstanding commitment to this challenging area of litigation.
We understand that proving a brain injury requires more than presenting an emergency room record. We work with neurologists, neuropsychologists, rehabilitation specialists, and other medical experts to investigate the injury mechanism, identify neurological impairments, and demonstrate how those impairments affect our client’s life.
Our responsibility is to make the invisible consequences of brain injury visible—and to ensure that the full extent of those injuries is understood, documented, and presented persuasively.
Built for High-Stakes Injury Litigation: Over 35 Years Advocating for Injured Pedestrians and Families
For more than three decades, Charlie Waters Law has stood up for pedestrians and families facing catastrophic injuries and wrongful death in Dallas. We handle serious cases the way they should be handled: with disciplined preparation and a readiness to try the case.
You can focus on medical care and your family. We’ll take care of the legal fight.
Serious Pedestrian Injuries Deserve Serious Representation, Especially When Right-of-Way Is Contested.
Most Dallas pedestrian accident cases come down to one central question: who had the legal right of way at the moment of impact?
Texas law, especially the right-of-way rules in Chapter 552 of the Texas Transportation Code, spells out when drivers must yield and when pedestrians are expected to wait, use crosswalks, or follow signals.
Even when right-of-way rules are straightforward, applying them can get complicated in the real world. Faded crosswalk markings, missing signs, malfunctioning signals, and poor lighting can affect what a driver noticed or what ends up in an early crash report.
Early in a claim, insurers often start with the statements they have (frequently the driver’s) and use them to dispute fault or reduce what they pay.
An experienced Dallas pedestrian accident attorney looks beyond the quick explanation and identifies every source of liability and coverage before any party is ruled out. They build a strong claim by investigating what actually happened, from gathering witness accounts and surveillance footage to considering the driver’s speed, distractions, visibility, and braking distance.
After a pedestrian crash, uncertainty can be its own burden. If you’re wondering whether the driver was at fault or whether the insurance company is being fair, contact us. We serve injured pedestrians throughout Texas and provide honest feedback.
Feeling Overwhelmed After a Pedestrian Crash? Start With Clear, Free Information
After a pedestrian crash, you may be told you didn’t have the right of way before anyone truly investigates. Don’t let a quick accusation define your case. We’ve built free resources to help you get oriented, including an orthopedic glossary and a directory of chronic pain support organizations.
“Helping injured pedestrians and their families understand their rights and options.”
“No two brain injuries are alike. Because they can affect people in such different ways, there is no “standard” approach. We carefully develop each brain injury case knowing the uniqueness of the injury and the person. That takes understanding…and experience.”
CHARLIE WATERS
Do You Have a Pedestrian Accident Case?
Not every close call becomes a legal claim, but many serious pedestrian crashes do.
You may have a valid case worth pursuing if one or more of the following is true:
- You were struck while walking in a crosswalk, entering an intersection, moving through a parking lot, or along the shoulder/edge of the roadway.
- You’ve missed work, can’t do your job the same way, or your household is feeling the financial strain.
- Your injuries are changing daily life or the activities you used to enjoy.
- You suffered injuries that require more than a quick ER visit.
- The driver’s insurer is pressuring you to settle or provide a recorded statement, suggesting you were at fault because you “came out of nowhere” or “weren’t paying attention.”
If this sounds like what you are going through, a pedestrian accident lawyer in Dallas at Charlie Waters Law can review what happened and explain where you stand under Texas law.
What Our Firm Works To Recover in a Pedestrian Injury Case
A pedestrian crash can create costs that don’t end when you leave the hospital. Our job is to document the full impact of what happened and pursue every form of compensation Texas law permits.
Depending on the facts, recoverable damages may include:
- Emergency care and ongoing medical treatment
- Rehabilitation and follow-up care
- Assistive needs, including medical equipment and, when necessary, home or vehicle modifications
- Lost wages and reduced earning capacity
- Physical pain and mental suffering
- Permanent injury, such as lasting limitations, scarring, or disfigurement
- Loss of companionship or support, in cases where the injury significantly changes family relationships
Mr. Waters is a truly devoted and wonderful individual who just happens to be a very wise attorney, and I highly recommend him to anyone needing legal services regarding traumatic brain injuries. If you need someone to put a voice to your suffering, who paints a complete picture of what you’ve been through, you will have found the perfect person in Charlie. His extensive knowledge and education in this area of law is unparalleled, and no wonder he is ranked among the top in the nation.
M. BENOIT
Former Client
OUR APPROACH
How Our Dallas Pedestrian Accident Law Firm Builds a Strong Case
1
Start With the Full Story
We listen and learn how the crash has changed your life, review key medical records, and give you a clear explanation of your options.
If traveling is difficult, we’ll coordinate a meeting that works for you.
2
Preserve the Proof Early
Pedestrian cases often turn on details insurers gloss over. We move fast to secure video before it’s overwritten, locate witnesses and document the scene. Our team also evaluates key factors such as crosswalk markings, signage, lighting, and signal timing.
3
Push for Full Value and Prepare for Trial
A Dallas pedestrian accident attorney should negotiate from strength, not hope. We build every claim with trial-level preparation so we can push back against blame-shifting and challenge low offers.
What To Gather Before Your First Consultation
If you’re able, bringing a few items can help your first conversation with our Dallas pedestrian accident lawyer proceed more quickly and productively.
- Photos or video of the scene, crosswalk/intersection, your injuries, and the vehicle involved
- Any crash report or incident number (police or security)
- The clothes and shoes you were wearing (set them aside and avoid washing if possible)
- Medical paperwork you already have
- Any messages or letters from insurance companies (yours or the driver’s)
- Proof of time missed from work or reduced hours (pay stubs, employer notes, PTO records)
The sooner you get guidance, the easier it is for us to track down records and evidence that can solidify your claim.
Dallas Pedestrian Accident FAQs
1. I Wasn't in a Crosswalk When the Car Hit Me. Do I Still Have a Case?
Yes. Being outside a crosswalk does not automatically prevent you from recovering compensation. Although Texas law generally requires pedestrians crossing outside a crosswalk to yield to vehicles, drivers still have a duty to exercise reasonable care to avoid striking pedestrians. Under Texas’s comparative responsibility law, your compensation may be reduced by your percentage of responsibility, but you can still recover damages if you are found 50% or less responsible.
2. What If the Driver Claims I Walked Into Traffic or Caused the Accident?
A driver’s accusation doesn’t establish that you were responsible. Insurance companies frequently attempt to shift blame to pedestrians, particularly when the driver claims the pedestrian appeared suddenly. We investigate sight lines, vehicle speed, traffic signals, roadway conditions, surveillance footage, and witness accounts to determine what actually happened. The critical question is often whether an attentive driver had a reasonable opportunity to recognize and avoid the pedestrian.
3. What If the Driver Says, “I Never Saw the Pedestrian”?
That explanation may raise serious questions about whether the driver maintained a proper lookout. Drivers have a responsibility to watch for pedestrians, particularly near intersections, crosswalks, and other areas where people can reasonably be expected. We don’t accept “I never saw them” as the end of the investigation. We consider it the beginning. Our job is to determine whether the pedestrian should have been seen and whether the collision could have been prevented.
4. What If I Suffered a Concussion or Traumatic Brain Injury?
Pedestrians are particularly vulnerable to brain injuries because they may experience two violent impacts: first against the vehicle and then against the pavement. Even when emergency room CT scans are normal, concussions and other brain injuries can cause persistent cognitive, emotional, and neurological problems. Traumatic brain injury litigation is a particular focus of Charlie Waters Law. We established the Texas Brain Injury Law Center to educate survivors and families, and we have extensive experience developing the medical evidence necessary to establish these often invisible injuries.
5. What Should I Do Immediately After Being Struck by a Vehicle?
Your health comes first. Seek prompt medical attention, even if you initially believe your injuries are minor. Report the collision to law enforcement, identify witnesses, and preserve photographs of the scene, your clothing, and any visible injuries. Avoid giving a recorded statement to the driver’s insurance company before obtaining legal advice. Early investigation can be critical because surveillance footage, physical evidence, and witness recollections may disappear quickly.
6. What If My Injuries Don't Become Apparent Until Days After the Accident?
Delayed symptoms are common following traumatic injuries, particularly concussions, neck injuries, and certain soft-tissue injuries. Headaches, dizziness, memory difficulties, sleep disturbances, and changes in concentration may develop or become more noticeable after the initial emergency room visit. Seek medical evaluation when symptoms appear and explain that you were struck by a vehicle. We understand how to investigate delayed symptoms and develop the medical evidence connecting them to the collision.
7. How Much Is My Pedestrian Accident Case Worth?
The value depends on the severity of your injuries, medical expenses, lost earnings, future treatment needs, physical limitations, pain and suffering, and the long-term consequences for your life. Medical bills alone rarely tell the complete story of a serious pedestrian injury. At Charlie Waters Law, we investigate how the accident has affected your ability to work, care for your family, maintain relationships, and enjoy ordinary activities. Our goal is to develop a comprehensive damages case supported by medical, economic, and personal evidence.
8. What If the Driver Has No Insurance or Not Enough Insurance?
You may have additional avenues of recovery, depending on the circumstances and available insurance policies. Uninsured or underinsured motorist coverage may apply under certain automobile policies, even when the injured person was walking rather than driving. Other potentially responsible parties may also need to be investigated. We examine available coverage and potential sources of recovery before determining the best approach to your claim.
9. What If a Dangerous Road Condition, Missing Sign, or Poorly Designed Crosswalk Contributed to the Accident?
Responsibility may extend beyond the driver. Dangerous roadway conditions, inadequate traffic controls, obstructed visibility, or negligent construction practices may implicate a governmental entity or private contractor. These cases require particular care because governmental immunity rules and special notice requirements may apply. Some governmental notice deadlines are substantially shorter than the ordinary two-year personal injury limitations period, making early investigation especially important.
10. How Long Do I Have to File a Pedestrian Accident Lawsuit in Texas?
In most Texas personal injury cases, the statute of limitations is two years from the date of the injury, under Texas Civil Practice and Remedies Code § 16.003. Exceptions and special requirements may apply, particularly when a governmental entity is involved or the injured person is a minor. Waiting can also jeopardize important evidence. We recommend consulting an attorney promptly rather than assuming the full two-year period is available.
11. How Do Your Attorney's Fees Work in a Pedestrian Accident Case?
You don’t pay an attorney’s fee up front to hire Charlie Waters Law. We handle pedestrian accident cases on a contingency-fee basis, meaning our attorney’s fee depends on obtaining a financial recovery through settlement or verdict. We explain the fee agreement, litigation expenses, and how costs are handled before you retain us. Our objective is to make experienced legal representation available when you need it most.
12. Why Should I Hire Charlie Waters Law Instead of Handling the Claim Myself?
Serious pedestrian accident cases require more than submitting medical bills to an insurance adjuster. They often involve disputed liability, accident reconstruction, complex medical injuries, future economic losses, and attempts to blame the pedestrian. With more than four decades of trial experience, I understand how to build these cases from the beginning with the evidence necessary to prove liability and damages. At Charlie Waters Law, we investigate thoroughly, work with qualified experts when needed, and prepare cases with the understanding that a jury may ultimately decide the outcome. We also recognize that behind every claim is a person whose life may have been permanently changed.