Critical Elements to Prove in Pedestrian Accident Injury Cases
Sept. 9, 2025
When a pedestrian is struck by a vehicle, the consequences can be devastating. In Texas, injured individuals often pursue a personal injury claim to recover medical expenses, lost income, and compensation for pain and suffering. However, to succeed in these cases, specific elements must be proven. These elements are crucial for holding the at-fault party accountable.
At The Law Office of Aaron Fonseca, based in McAllen, Texas, I focus on helping injured individuals understand the essential components of a successful personal injury case. Whether you're seeking help after a recent accident or evaluating your legal options, knowing what must be shown in court can make a major difference in the outcome.
Establishing Duty of Care
Every driver has a legal duty to operate their vehicle safely and follow traffic laws. This duty extends to all others on the road, including pedestrians. Establishing that the driver owed a duty of care is often straightforward since Texas law clearly defines a motorist’s responsibilities.
For example, drivers are expected to:
Yield to pedestrians in crosswalks.
Obey posted speed limits, especially in school zones or residential areas.
Remain alert in areas with high foot traffic.
Once this duty is confirmed, the next step involves showing that the driver failed to uphold it.
Proving a Breach of Duty
After establishing a duty of care, it must be shown that the driver breached that duty. This means demonstrating that the driver acted in a way that a reasonably careful person wouldn't have.
Common examples of a breach include:
Running a red light or stop sign
Failing to yield to a pedestrian in a marked crosswalk
Driving while distracted by a phone or other device
Speeding or driving aggressively
This breach is often demonstrated through surveillance footage, witness statements, traffic citations, or admissions made by the driver at the scene.
Connecting the Breach to the Injury
Proving that a driver breached their duty isn't enough on its own. There must be a direct connection between the driver’s actions and the pedestrian’s injuries. This is referred to as causation.
Two aspects of causation must be shown:
Cause-in-fact: The accident wouldn't have happened if the driver had acted appropriately.
Proximate cause: The driver's behavior was closely related to the injuries suffered, which were a foreseeable result of their actions.
Medical records, photographs of injuries, accident reconstructions, and testimony from healthcare professionals can all help establish this connection.
Documenting the Injuries and Losses
In a personal injury case, simply being injured isn't enough. The injured person must show the full extent of the physical and financial harm suffered.
Important types of evidence can include:
Emergency room and hospital records
Diagnostic imaging and treatment plans
Proof of time missed from work and lost wages
Receipts for medical devices, prescriptions, and rehabilitation services
Non-economic losses, such as emotional distress, long-term pain, and reduced quality of life, may also be considered. These are usually supported by statements from the injured person, their family, and treating providers.
Addressing Shared Fault Under Texas Law
Texas follows a modified comparative fault system. This means that if a pedestrian is found to be partially at fault for the accident, their damages may be reduced based on their percentage of responsibility.
For example, if a pedestrian crossed the street outside of a designated crosswalk or against a signal, the court may find them partially at fault. If they’re found to be 20% at fault, their total compensation will be reduced by 20%. However, they cannot recover under Texas law if they’re more than 50% at fault.
This part of the case often becomes a significant issue, especially when insurance companies try to shift blame. That’s why thorough documentation and a careful review of the scene and eyewitness statements matter.
Proving Driver Negligence Through Evidence
The strength of any personal injury case often depends on the available evidence. Establishing negligence requires gathering and organizing information showing how the driver’s actions led to the injury.
Key evidence might include:
Police reports indicating fault
Traffic camera footage
Skid mark and crash scene analysis
Witness statements from bystanders
Cell phone records indicate distraction
The sooner this information is collected, the better the chances of preserving its accuracy and reliability.
Evaluating the Impact of the Injuries
In many pedestrian accident injury cases, the injuries are severe—often involving broken bones, head trauma, or internal injuries. Long-term effects can impact a person’s ability to work, participate in daily activities, or live independently.
A critical part of the case involves showing how these injuries have affected the person's life and will continue to do so. Documentation should reflect not just the immediate medical impact but also:
Future surgeries or treatments
Ongoing physical therapy needs
Loss of earning capacity
Psychological effects like anxiety or depression
This evidence helps the court or insurance adjusters understand the claim's full value.
Demonstrating Pain and Suffering
Pain and suffering are often the most difficult damages to quantify, yet they’re vital to many personal injury claims. In Texas, a person may be compensated for physical pain, emotional distress, loss of enjoyment of life, and more.
Though these losses are intangible, they can be supported with:
Consistent medical documentation of symptoms
Journals kept by the injured person
Testimony from family or close friends about behavioral changes
Records of therapy or counseling sessions
While every case is unique, the goal is to provide a clear picture of how the injury has affected the person’s life.
Overcoming Challenges with Insurance Companies
Insurance providers often focus on minimizing what they pay. In pedestrian accident cases, they may argue that the injured person stepped into traffic, wasn’t paying attention, or caused the incident somehow.
To counter these tactics, it’s important to:
Respond promptly to information requests.
Avoid giving recorded statements without preparation.
Keep copies of all correspondence and medical bills.
Follow all medical advice and treatment plans closely.
Staying organized and consistent strengthens the claim and helps prevent misunderstandings that could hurt the case later.
The Importance of Timing and Statutory Limits
Texas law gives injured individuals two years from the accident date to file a lawsuit. Missing this deadline usually means giving up the right to recover damages.
That’s why it's important to begin gathering evidence and consulting with a legal professional as soon as possible after the accident. Waiting too long can result in lost evidence, faded memories, or procedural barriers that harm the case.
In addition, certain exceptions may apply depending on the circumstances. If a government entity is involved, the timeline to give notice may be much shorter.
Prioritizing Medical Care and Consistent Treatment
Even if injuries seem minor, seeing a healthcare provider right away is vital. Medical records serve as the foundation for proving injury in any personal injury claim. Gaps in treatment or failure to follow medical advice can raise questions about the seriousness of the injuries.
Injury claims are strengthened when treatment is consistent and well-documented. Always keep copies of records, prescriptions, and follow-up instructions. These details show the ongoing effort to recover and the injury's impact on everyday life.
Preserving Key Evidence Early
The period right after a pedestrian accident is critical. Photos of the scene, witness information, and physical evidence can quickly disappear. Preserving these items early helps support the claim and prevents disputes later.
Helpful actions immediately after an accident include:
Photographing the area, including traffic signs and signals
Getting names and contact info from witnesses
Requesting a copy of the police report
Write down what happened while the memory is fresh
These initial steps can have a significant impact on the strength of the case later on.
Strong Legal Support
At The Law Office of Aaron Fonseca, I help injured people build strong cases by focusing on facts and presenting compelling evidence. As a personal injury attorney, I serve clients in Edinburg, McAllen, Mission, and the Rio Grande Valley of Texas. If you've been injured in a pedestrian accident and want to discuss your legal options, reach out today to discuss the next steps.