EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
Written by Geoffrey Dashner. Read more about the author.
Most people who come to us after being hit by a car have no idea what evidence exists or where it’s gone by the time they call. That gap — between the moment of impact and the moment someone picks up the phone — costs injured pedestrians real money. At Dashner Law Firm | Irving Injury & Accident Attorney, we have worked pedestrian accident cases across the Dallas-Fort Worth area for years, and the cases that go sideways almost always share one trait: critical evidence was lost before anyone thought to preserve it. This post breaks down exactly what to look for, how fault gets assigned under Texas law, and what happens once a claim is filed — whether you were the one struck or you caused the crash.
What Evidence Should You Look for in a Pedestrian and Driver Accident Case in Texas in Irving?
This is the first thing I ask every client who walks through our door after a pedestrian crash. Evidence in these cases is time-sensitive. Here is what matters and why.
Traffic and surveillance camera footage. Irving has traffic cameras at major intersections — MacArthur Boulevard, Belt Line Road, Story Road. Private businesses along those corridors run their own cameras. Footage typically gets overwritten within 24 to 72 hours. We send preservation letters to the city and to nearby businesses the same day a client retains us. If you wait a week, that footage is gone.
The police report. When Irving Police Department responds to a pedestrian crash, the responding officer documents road conditions, witness statements, driver information, and a preliminary fault assessment. Request the full report, not just the crash summary. Officers sometimes note things like “driver appeared distracted” or “pedestrian was in marked crosswalk” — language that shapes the entire case.
Physical evidence at the scene. Skid marks tell us whether the driver braked at all. Their length and pattern can be used by accident reconstruction experts to estimate vehicle speed. Debris field location — glass, bumper pieces, a shoe — indicates where impact happened relative to the crosswalk or lane markings. Photographs taken within hours of the crash capture this. By the next morning, street crews may have cleaned it up.
The driver’s phone records. Distracted driving is a significant factor in pedestrian fatalities, according to CDC data on traffic fatalities. We subpoena call and text logs. If a driver was on the phone at the moment of impact, that record exists — carriers retain it. Courts in Texas have routinely granted these subpoenas in personal injury litigation.
Electronic Data Recorder (EDR) data. Most vehicles manufactured after 2012 contain an event data recorder, sometimes called a “black box.” It logs speed, brake application, throttle position, and seatbelt status in the seconds before a crash. Accessing EDR data requires either the driver’s consent or a court order. We move quickly because insurance companies representing the driver sometimes seek to have vehicles repaired or scrapped before litigation is filed.
Medical records from the date of the crash forward. Every treatment visit matters. Johns Hopkins Medicine and other trauma research institutions have documented how pedestrian injuries — fractured pelvis, traumatic brain injuries, internal bleeding — often worsen or reveal secondary complications in the days following impact. A gap in treatment, or a failure to seek immediate care, gets used against you by the defense. Document everything, starting at the emergency room.
Eyewitness contact information. Other drivers, people waiting at a bus stop, joggers — anyone who saw the crash. Police may not get all of them. If you are physically able at the scene, or someone with you can do it, collect names and phone numbers before people leave.
Dashcam footage from nearby vehicles. This is increasingly useful. Drivers stopped at red lights sometimes have dashcams running. If we know the approximate time and location of the crash, we can canvas for drivers who regularly travel that route and may have footage.
When Is It Considered the Driver’s Fault in a Pedestrian Accident in Texas?
Texas follows a modified comparative fault system under Chapter 33 of the Texas Civil Practice and Remedies Code. A driver can be found wholly or partially at fault under several circumstances.
Failure to yield at a crosswalk is the most common. Texas Transportation Code Section 552.003 requires drivers to yield to pedestrians in marked crosswalks. When a driver blows through a crosswalk, the fault analysis typically starts at 100% driver negligence, though the pedestrian’s behavior still gets examined.
Running a red light is another clear-cut driver fault scenario. If a driver entered an intersection on red and struck someone crossing legally, that traffic violation establishes negligence per se under Texas law — meaning the driver’s violation of the statute is, by itself, evidence of fault. FindLaw’s explanation of negligence per se provides a solid overview of how that doctrine applies.
Speeding reduces a driver’s ability to stop in time for pedestrians who may step off a curb or cross mid-block. In residential areas around Irving — particularly near schools on Kinwest Parkway or in the Las Colinas area — speed limits exist precisely because pedestrian density is high. A driver exceeding those limits who strikes a pedestrian carries significant fault exposure.
Driving while intoxicated shifts fault heavily onto the driver. Texas law makes DWI a criminal offense, and in civil litigation, a criminal conviction or even an arrest that night constitutes strong evidence of negligence. Our Texas DWI accident attorneys handle the overlap between criminal proceedings and civil claims regularly.
Distracted driving — texting, adjusting GPS, eating — is harder to prove without phone records or camera footage, but it is increasingly common grounds for driver fault findings in Texas courts.
Do Attorneys Handle Pedestrian Accident Cases in Texas?
Yes, and you should retain one early. Pedestrian accident cases involve insurance adjusters, potential litigation, medical liens, and in some cases, disputes over comparative fault percentages. The American Bar Association recommends consulting a personal injury attorney before giving any recorded statement to an insurance company — advice I repeat to every potential client.
Our Texas pedestrian accident attorneys handle every stage: evidence preservation, insurance negotiations, expert witness coordination, and trial if the insurer refuses a fair settlement. Attorneys who focus on personal injury cases handle these on contingency — meaning no upfront fees. You pay only if we recover money for you.
In my experience, pedestrians who try to negotiate directly with the driver’s insurance company almost always accept less than their case is worth. Adjusters are trained to close claims fast and cheap. Having an attorney changes that dynamic immediately.
How Many Car Accidents Involve Pedestrians in Texas?
Texas has consistently ranked among the worst states in the country for pedestrian fatalities. The Texas Department of Transportation reported 841 pedestrian deaths in 2024, and preliminary 2025 data suggests that number remained above 800. That translates to more than two pedestrian deaths per day statewide. The CDC’s traffic fatality data places Texas among the top five states for pedestrian deaths annually, a trend driven partly by wide arterial roads, high vehicle speeds, and suburban development patterns that prioritize cars over foot traffic.
The Dallas-Fort Worth metro — which includes Irving — accounts for a disproportionate share of those crashes. Corridors like Irving’s State Highway 183 and the Loop 12 connector see high pedestrian conflict volumes because they were built for vehicle throughput, not walking. Our pedestrian accident attorneys serving Texas see this pattern play out in the cases that come through our door.
Non-fatal pedestrian injuries are a separate, larger category. For every pedestrian killed, roughly eight more are seriously injured — fractures, spinal injuries, head trauma. The Mayo Clinic has detailed resources on the range of traumatic injuries pedestrians sustain, many of which require months of rehabilitation and leave lasting impairment.
When Is a Pedestrian at Fault for a Car Accident in Texas?
Texas law does not give pedestrians blanket protection simply because they were on foot. A pedestrian can be found partially or fully at fault under several conditions.
Crossing outside of a marked crosswalk or against a traffic signal is the most common. Texas Transportation Code Section 552.005 requires pedestrians crossing a roadway at a point other than a marked crosswalk to yield to vehicles. If someone jaywalks across a six-lane road and gets struck, their fault percentage will be substantial.
Walking along a roadway when sidewalks are available can also contribute to a fault finding. Texas Transportation Code Section 552.006 addresses this. If a sidewalk exists and a pedestrian chose to walk in the travel lane, that choice matters.
Sudden entry into traffic is another scenario. A pedestrian who steps off the curb directly into the path of a moving vehicle — without giving the driver any reasonable chance to stop — may be found primarily at fault.
Texas uses the 51% rule: if a pedestrian is found more than 50% at fault for the crash, they cannot recover any damages from the driver. If they are 50% or less at fault, their recovery is reduced by their fault percentage. So a pedestrian who is 40% at fault and has $100,000 in damages recovers $60,000. This is why the comparative fault analysis matters so much — and why Justia’s Texas civil practice resources and Cornell Law School’s comparative negligence overview are worth reviewing if you want the legal framework in detail.
What Happens If a Pedestrian Caused an Accident in Texas?
This scenario comes up more than people expect. A pedestrian steps into traffic unexpectedly, a driver swerves to avoid them, and another car gets hit. Or the driver brakes hard and causes a rear-end collision. The pedestrian who created the hazard can face civil liability for the resulting damages.
In Texas, a pedestrian who is negligent can be sued by an injured driver or by other parties harmed in the chain-reaction crash. Their auto insurance does not cover them in this situation — pedestrians are not driving a vehicle. Homeowners or renters insurance policies sometimes include personal liability coverage that might apply, but that varies by policy.
If the pedestrian has no assets and no applicable insurance, a driver or passenger injured in the crash may need to turn to their own uninsured motorist coverage or collision coverage. This is a situation where legal advice matters for both sides — the pedestrian facing a claim and the driver trying to figure out how to recover their losses.
Learn more about our team and how we approach these multi-party scenarios. The fault picture in these cases is rarely simple, and getting it wrong at the outset can affect every claim that follows.
What to Do Immediately After a Pedestrian Crash in Irving?
Call 911. Get medical attention even if you feel okay — adrenaline masks pain, and internal injuries from vehicle impacts do not always present immediately. Photograph everything you can from where you are standing: the vehicle, the road, traffic signals, your own injuries. Get the driver’s name, insurance information, and plate number. Do not give a recorded statement to any insurance company before speaking with an attorney.
Our Irving clients who follow these steps give us far more to work with. The ones who talk to adjusters first and call us second often have already said something that gets used against them.
Texas has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code Section 16.003. That sounds like a long time. It is not, once you account for evidence preservation, medical treatment timelines, and pre-litigation negotiation. Starting early protects you.
For hit-and-run cases — a significant problem on Dallas-Fort Worth highways — there are additional steps involving uninsured motorist claims and, sometimes, cooperation with law enforcement investigations. Our Texas hit-and-run pedestrian attorneys handle those cases regularly.
See what our Irving clients say about the results we have achieved. Those cases represent the kind of preparation and persistence that pedestrian accident cases require.
Talk to a Pedestrian Accident Attorney in Irving Today
If you or someone you know was struck by a vehicle in Irving, do not wait to get legal advice. Evidence disappears fast, and insurance companies move faster.
Dashner Law Firm | Irving Injury & Accident Attorney represents injured pedestrians and their families across Texas. We work on contingency — no fees unless we win your case. Contact us today to schedule a free consultation, or call us directly at (972) 635-4460. You can also visit our office at 4500 Fuller Dr, Irving, TX 75038.
We also handle Texas personal injury cases beyond pedestrian crashes — including wrongful death claims, truck accident cases, and motorcycle accident claims. Whatever brought you here, we are ready to hear the details and tell you honestly what we think your case is worth.
