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A driver who fails to notice someone crossing or walking near the street can cause life-altering injuries in a matter of seconds. Houston’s dense intersections, wide arterial roads, and heavy commuter traffic make these collisions a serious risk for anyone on foot. When a vehicle strikes a pedestrian, the physical and financial toll is devastating, extending well past an initial hospital stay. Often, recovery involves months of therapy, missed income, and uncertainty about the future. A pedestrian accident lawyer in Houston at Kherkher Garcia LLP can help you understand your rights and determine what happened, who bears responsibility, and what compensation may be available.
Kherkher Garcia LLP represents pedestrians and families across Houston who are pursuing accountability after a pedestrian accident. We pursue claims against drivers, government entities, or companies whose negligence contributed to the crash.
Pedestrian collisions occur more often and cause more serious harm than many Texans realize. According to the Texas Department of Transportation, the state recorded 6,095 crashes involving pedestrians in the most recent reporting year, resulting in 772 pedestrian deaths. Another 1,455 pedestrians were seriously injured in these crashes. These figures make clear that a pedestrian struck by a vehicle in Houston is far from alone. The top contributing factors identified by the agency include:
A crash can happen at a marked crosswalk, in a parking lot, near a bus stop, or during a hit-and-run where the driver leaves the scene entirely. Regardless of where the collision occurred, the person struck by the vehicle may be entitled to pursue compensation from the driver and, in some cases, other responsible parties whose conduct contributed to the crash.
Texas law does not give pedestrians an unconditional right of way in every situation. Under the Texas Transportation Code Section 552.002, a pedestrian facing a “Walk” signal may proceed across the roadway, and the driver of a vehicle must stop and yield. A pedestrian facing a “Don’t Walk” or “Wait” signal may not begin crossing, though someone already partway across when the signal changes must continue to a sidewalk or safety island rather than stopping in the roadway.
This distinction matters because fault often depends on the signal, the crosswalk markings, and the timing of each party’s actions. Common scenarios include:
Because these details shape both fault and compensation, a review of the specific intersection, signal timing, and driver conduct is often necessary before liability can be determined. Traffic camera footage, signal timing records, and witness accounts often become central pieces of evidence in resolving exactly what each party saw and did in the moments before impact.

Pedestrian collisions in Houston typically trace back to a small set of recurring factors. According to the Centers for Disease Control and Prevention (CDC), speed, location, vehicle size, and alcohol consumption are among the leading contributors to pedestrian injuries and deaths nationwide. These same factors appear consistently in Houston-area crashes, as well:
Each of these causes points to a different type of evidence – from cell phone records to toxicology reports to traffic camera footage – that can help establish what actually happened. A pedestrian accident lawyer in Houston can help pinpoint which of these factors applies to your case and preserve the evidence before it disappears.

Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
Because pedestrians have no structural protection, the injuries from being struck by a vehicle tend to be severe, often requiring emergency surgery and extended hospitalization. Frequent injury types include:
Recovery from these injuries can involve surgery, extended hospital stays, and long-term rehabilitation that may continue for years after the crash. Medical bills accumulate quickly, and many survivors face months away from work while they recover, along with ongoing therapy or rehabilitation long after the initial treatment ends.
Liability after a pedestrian collision usually starts with the driver, but it does not always end there. Depending on the facts, other parties may share responsibility, including an employer if the driver was working at the time, a government entity responsible for defective road design or missing signage, or a vehicle manufacturer if a mechanical defect contributed to the crash.
In cases involving multiple vehicles or a chain-reaction crash, more than one driver may also bear a share of fault. Identifying every responsible party often requires reviewing maintenance records, employment documentation, and municipal design standards alongside the police report.
Before speaking with an insurance adjuster, it is worth knowing that recorded statements are often used later to minimize a claim. Kherkher Garcia LLP advises pedestrians and families to consult an attorney before providing any statement to the at-fault driver’s insurer, since even a brief comment about how the crash occurred can be used out of context.
Texas follows a modified comparative fault rule under the Texas Civil Practice and Remedies Code Section 33.001. A pedestrian may recover damages only if their share of responsibility for the crash does not exceed fifty percent. Any recovery is then reduced by that percentage, which makes a thorough investigation into fault essential to the value of a claim.
Insurance companies frequently argue that a pedestrian shares blame in an effort to reduce what they owe, so documenting the signal, lighting, and driver conduct at the time of the crash is critical to countering these arguments.
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Pedestrian accident victims may recover several categories of damages depending on the severity of the injury and the facts of the case. Because pedestrian injuries are often severe, these claims frequently involve larger and more complex damage calculations than a typical motor vehicle collision, including:
These figures are illustrative, not guarantees. Every case is unique, and the potential recovery depends on the facts, evidence, and documented losses involved, including the number of parties who may share responsibility for the crash.
Under the Texas Civil Practice and Remedies Code Section 16.003, a pedestrian accident lawsuit generally must be filed within two years of the date of the accident, though some injuries are not immediately apparent. Missing this deadline typically bars the claim entirely, regardless of how strong the underlying case may be.
Because evidence such as traffic camera footage and witness memory fades quickly, waiting to contact an attorney can weaken a claim well before the deadline arrives. Claims involving a government entity may carry a shorter notice requirement, which makes prompt legal advice especially important when a defective roadway or missing signage may have contributed to the crash.
When a pedestrian accident results in death, surviving family members may be eligible to file a separate wrongful death claim. These cases carry their own filing deadline and their own set of recoverable damages, including loss of companionship and loss of financial support, and they are best evaluated as soon as possible after the loss so that evidence tied to the crash can be preserved.
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Kherkher Garcia LLP approaches every pedestrian accident case with a structured investigation built to withstand scrutiny from insurance companies and, when necessary, a courtroom. Our attorneys gather traffic camera footage, obtain event data recorder information from the vehicle involved, interview witnesses while accounts are fresh, and work with accident reconstruction specialists to establish exactly how the collision occurred.
A pedestrian accident lawyer in Houston on our team can also identify additional liable parties, such as an employer or a government entity, and can coordinate with medical providers to document the full scope of an injury.
Past results depend on the facts of each case and do not guarantee a similar outcome in any future matter. Kherkher Garcia LLP remains committed to pursuing the same level of preparation and accountability for every new client.

A woman allegedly driving more than 100 miles per hour lost control of her vehicle on Westheimer Road and struck Joseph McMullin as he walked with his date near a Houston nightlife district. Kherkher Garcia LLP filed a civil lawsuit on behalf of McMullin’s parents against the driver, and the case later expanded to include several bars accused of continuing to serve her alcohol that night. Visit the firm’s News & Media section to learn more.
The days after a pedestrian accident move quickly. Evidence disappears, insurers begin building a defense, and the statute of limitations begins to run. A pedestrian accident lawyer in Houston at Kherkher Garcia LLP can review the details of your case, explain your options, and pursue accountability from every responsible party. Call us at 713-333-1030 today for a free consultation.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
Houston’s busy intersections and high-traffic roads put pedestrians at serious risk every day, and when a driver’s negligence causes a collision, the injuries can be life-changing. At Kherkher Garcia LLP, our team of personal injury lawyers is prepared to investigate every detail of your case, identify all responsible parties, and pursue the full compensation you deserve. When you need a pedestrian accident lawyer near you in Houston you can trust, we are ready to stand by your side and fight for justice.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
A pedestrian facing a “Walk” signal has the right of way, and the driver must stop and yield. A pedestrian facing “Don’t Walk” or “Wait” may not begin crossing.
Yes, as long as your share of responsibility does not exceed fifty percent under Texas’s modified comparative fault rule. Any recovery is reduced by your percentage of fault.
You may still pursue compensation through your own insurance coverage or by identifying the driver through investigation. A pedestrian accident lawyer in Houston can work with law enforcement and traffic camera footage to help identify a driver who fled.
You generally have two years from the date of the accident to file a lawsuit. Some injuries are not immediately apparent, so early evaluation is still advisable.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.