Lubbock, Midland, Odessa, Wichita Falls
Pedestrian Accident Attorneys
If you were hit by a vehicle while walking in Lubbock, Texas law generally gives you two years to file a claim against the at-fault driver. Malone Legal Group helps injured pedestrians recover compensation for medical bills, lost wages, and pain and suffering after a serious crash.
Pedestrians have almost no protection in a collision, so even a low-speed impact can cause life-altering injuries. After a crash near Texas Tech, along Broadway or University Avenue, or in a busy parking lot, the driver's insurer often rushes to blame the person on foot. Our team protects your right to full compensation while you focus on healing.
What to Do After a Pedestrian Accident in Lubbock
Get medical attention right away—head, spinal, and internal injuries are not always obvious at the scene. If you're able, document the location, the vehicle and driver information, and any witnesses, and make sure a police report is filed. Avoid giving the driver's insurance company a recorded statement before speaking with an attorney.
What happens in the first hours often shapes the entire claim. Insurers frequently use early statements to argue the pedestrian "darted out" or crossed improperly, so what you say—and what you preserve—matters.
Who Has the Right of Way in Texas?
Under Texas Transportation Code Chapter 552, drivers must stop and yield to pedestrians crossing in a crosswalk when no signal controls the intersection. Pedestrians crossing outside a crosswalk must yield to vehicles. Even so, every driver has a duty to exercise due care to avoid hitting a person on foot.
This balance matters because right-of-way rarely tells the whole story. A driver who was speeding, distracted, or failed to look still bears responsibility even if a pedestrian was crossing mid-block. Establishing exactly how the crash happened is central to how we build every case.
How Fault Works in Texas Pedestrian Cases
Texas uses a modified comparative negligence rule called proportionate responsibility. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages only if you are 50% or less at fault. If you're found 51% or more responsible, you recover nothing.
This is why insurers work so hard to assign blame to pedestrians—every percentage point of fault reduces your payout. We gather the evidence needed to keep the focus where it belongs: on the driver's negligence.
Common Causes of Pedestrian Accidents in Lubbock
Most serious pedestrian crashes are caused by driver error. The patterns we see most often include:
- Distracted driving, especially phone use, that keeps a driver from seeing someone in a crosswalk
- Failure to yield at crosswalks and intersections
- Left and right turns where a driver watches for cars but not people on foot
- Speeding, which shortens reaction time and makes injuries far more severe
- Impaired driving, a factor in a large share of fatal pedestrian crashes nationwide
- Poor visibility and backing up, common in parking lots and at night
According to TxDOT's pedestrian safety campaign, there were 6,095 crashes involving pedestrians in Texas in 2024, resulting in 772 deaths and more than 1,455 serious injuries—and pedestrians, while only about 1% of crashes, account for roughly 19% of all roadway fatalities. Around Lubbock, the heavy foot traffic near Texas Tech University, downtown, and the Depot District creates frequent conflict points between drivers and people on foot.
Injuries and Compensation You Can Recover
The National Highway Traffic Safety Administration reports that more than 7,000 pedestrians were killed nationwide in a single recent year. Survivors we represent often face traumatic brain injuries, fractures, spinal damage, and internal injuries.
A successful claim can cover current and future medical bills, lost income and reduced earning capacity, and pain and suffering. When a crash involves a head injury, a catastrophic injury claim may be appropriate, and when a pedestrian dies, surviving family members may pursue a wrongful death claim. We also handle related matters involving negligent drivers and commercial trucks.
The Deadline to File in Texas
In most Texas pedestrian accident cases, you have two years from the date of the crash to file a lawsuit, under Texas Civil Practice and Remedies Code § 16.003. Miss that deadline and the court will almost always refuse to hear your case.
Two years passes quickly while you recover, and evidence fades fast—surveillance footage is overwritten, and witnesses move or forget. Acting early protects both your deadline and your proof.
Injured in a Pedestrian Accident in West Texas? We can help
What Are The Common Causes Of Pedestrian Accidents In Texas?
In Texas, pedestrian accidents can occur due to a variety of factors—and most serious crashes are caused by drivers, not the people on foot. Some of the common causes of pedestrian accidents include:
Failure to Yield at Crosswalks: A large share of pedestrian crashes happen when a driver fails to stop and yield to someone in a crosswalk, often claiming they "never saw" the pedestrian. Drivers frequently misjudge how quickly a person is crossing, especially at busy intersections.
Distracted Driving: Distractions such as texting, talking on the phone, or adjusting in-car electronics can divert a driver's attention from the road. A pedestrian is easy to miss in the moment a driver looks away, particularly when entering a crosswalk.
Speeding: Excessive speed reduces the time a driver has to react and makes a collision far more likely to be severe or fatal. At higher speeds, a driver has little chance to stop for someone crossing ahead.
Drunk or Impaired Driving: Alcohol and drugs slow reaction time and impair judgment. Impaired drivers are less likely to see a pedestrian or respond in time, putting people on foot at serious risk—especially at night and on weekends.
Turning Vehicles: Drivers turning left or right often watch for oncoming cars but fail to check for pedestrians legally crossing the street, striking them in the crosswalk.
Poor Visibility and Backing Up: Low light, bad weather, and large vehicle blind spots make pedestrians hard to see. Many crashes happen at night or in parking lots when drivers back up without checking for people behind or beside them.
Failure to Exercise Due Care: Even when a pedestrian is outside a crosswalk, drivers have a duty to remain alert and avoid a collision. Inattention or aggressive driving can turn a near-miss into a serious crash.
Texas traffic laws: Disregarding the "rules of the road" specified in Texas Transportation Code Chapter 545
Texas pedestrian laws: Failure to follow pedestrian right-of-way and due-care requirements under Texas Transportation Code Chapter 552
What Damages Can I Seek Compensation for After a Pedestrian Accident?
After a pedestrian accident, victims often face a myriad of challenges, from physical injuries to emotional distress and financial burdens. Seeking compensation is essential to help alleviate these hardships. When pursuing a personal injury claim after a pedestrian accident, you may be eligible to seek various types of damages. These can include:
Medical Expenses: This covers the cost of medical treatment, hospital stays, surgeries, prescription medications, rehabilitation, and ongoing medical care related to the accident.
Lost Wages: If your injuries prevent you from working, you can seek compensation for the wages you've lost due to your inability to perform your job.
Future Earning Capacity: If the injuries sustained in the accident affect your ability to earn a living in the future, you may be entitled to compensation for diminished earning capacity.
Pain and Suffering: This compensates you for the physical pain, discomfort, and emotional distress caused by the accident and its aftermath.
Emotional Distress: Severe emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD), can warrant compensation, especially if it significantly impacts your quality of life.
Property Damage: If your personal belongings were damaged in the accident, you can seek compensation for the repair or replacement costs.
Loss of Consortium: If the accident has impacted your relationship with your spouse or family members, you might seek compensation for the loss of companionship, support, and intimacy.
Punitive Damages: In cases of extreme negligence or intentional misconduct by the at-fault driver, punitive damages might be awarded to punish the responsible party and deter similar behavior in the future.
Possibly. While Texas law requires pedestrians to yield when crossing outside a crosswalk, drivers still have a duty to exercise due care and avoid a collision. If the driver was speeding, distracted, or otherwise negligent, you may still recover—though your compensation could be reduced by your share of fault. An attorney can assess how the rule applies to your facts.
This is one of the most common defenses, because Texas's proportionate responsibility rule reduces or eliminates payouts based on your share of fault. Don't accept that version as final. We use video footage, witness statements, vehicle data, and expert analysis to reconstruct what actually happened and protect your recovery.
Hit-and-run crashes are unfortunately common in pedestrian cases. You may still have options—including a claim through your own uninsured/underinsured motorist coverage—even if the driver is never identified. Report the crash to police promptly and contact an attorney to explore every available source of recovery.
There's no fixed amount. Value depends on the severity of your injuries, your medical costs, lost income, long-term effects, and the degree of fault assigned. Catastrophic injuries and permanent disability typically support larger claims. We evaluate every factor before advising you on a realistic range.
Seek medical care, call the police, and document the scene and witness information if you're able. Avoid discussing fault and decline a recorded statement to the driver's insurer. Then contact a pedestrian accident attorney to preserve evidence and protect your claim.
How Malone Legal Group
Can Help You With Your Pedestrian Accident Case
Legal Expertise: Our knowledgeable attorneys understand the specific laws and regulations that pertain to pedestrian accidents. They can navigate the complexities of liability, insurance coverage, and potential negligence on the part of the at-fault driver who caused the crash.
Investigation: Malone Legal Group will conduct a thorough investigation into the accident, gathering evidence, speaking to witnesses, and analyzing accident reports. This investigation can be crucial in establishing liability—especially when an insurer tries to shift blame onto the pedestrian.
Negotiation Skills: At-fault drivers and their insurers often have teams of legal professionals working to minimize their liability. Our lawyers can negotiate with these parties on your behalf to ensure you receive fair compensation.
Understanding Damages: Malone Legal Group can help you accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more. This ensures that you pursue adequate compensation.
Court Representation: If negotiations fail, your attorney can represent you in court. We will build a strong case, present evidence, and advocate for your rights before a judge and jury.
Peace of Mind: Dealing with the aftermath of a pedestrian accident can be overwhelming. Having a lawyer on your side allows you to focus on recovery while they handle the legal aspects.
