Who Is Liable in Pedestrian Accidents Involving Distracted Drivers?
Aug. 26, 2025
I’ve seen how devastating pedestrian accidents can be—especially when the driver responsible was distracted. These cases are painful, frustrating, and far too common. When a driver’s attention is diverted by a phone, GPS, or other distraction, even a brief lapse in focus can lead to life-changing injuries for pedestrians.
That’s why determining liability is such a critical part of any personal injury case involving a pedestrian and a distracted driver. At The Law Office of Aaron Fonseca in Edinburg, Texas, I approach these cases knowledgably and professionally. Let’s learn more.
Why Distracted Driving Is So Dangerous for Pedestrians
Distracted driving poses serious risks to everyone, but pedestrians are uniquely vulnerable. Unlike people in vehicles, pedestrians don’t have seatbelts, airbags, or any structural protection. When a car hits a person on foot, the results are often catastrophic.
In the case of distracted driving, the crash might not be the result of speeding or reckless behavior, but simply a failure to notice someone in time.
The most common distractions behind the wheel include:
Texting or using a smartphone: Looking at a phone for even five seconds at 55 mph is like driving blindfolded for the length of a football field.
Adjusting GPS or radio settings: A quick glance away from the road can be all it takes to miss a crosswalk or stop sign.
Talking to passengers or eating: Internal distractions often lead to a failure to react to pedestrian activity.
When drivers aren’t paying attention, they may miss traffic signals, crosswalks, or fail to yield. Pedestrians almost always suffer the worst in these crashes, and establishing legal responsibility starts with examining how the distraction contributed to the accident.
Establishing Liability in Pedestrian Accidents
When it comes to personal injury law, liability depends on who acted negligently. In pedestrian accidents, the burden of proof is on the injured person to show that the driver was negligent and that this negligence caused the injuries. This usually means showing that the driver owed a duty of care, breached that duty by being distracted, and that the breach directly caused the accident.
In most cases, the driver is legally responsible when they hit a pedestrian while distracted. However, the full picture can be more nuanced. Liability can also be influenced by the pedestrian’s own actions, the road design, or even malfunctioning traffic signals.
When Drivers Are at Fault
Drivers are typically found liable in pedestrian accidents when:
They were using a phone: Cellphone use while driving is often considered a breach of the duty to drive safely.
They failed to yield: Drivers must yield to pedestrians at marked crosswalks and intersections.
They were speeding or ignoring signals: Running red lights or speeding reduces a driver's ability to stop in time for pedestrians.
Evidence like surveillance footage, witness statements, and phone records can be used to support a claim of distracted driving and help establish liability.
When Pedestrians Share Responsibility
Texas follows a modified comparative fault rule, which means an injured pedestrian can still recover damages in a personal injury case if they were partly at fault—just as long as they’re not more than 50% responsible. So if a pedestrian darts into traffic without a crosswalk or ignores a “don’t walk” signal, that may reduce their potential recovery.
This is why it’s so important to look at the entire situation and gather as much evidence as possible. The more we can prove that the driver’s distraction was the primary cause of the crash, the stronger the pedestrian’s case becomes.
Key Evidence in Pedestrian Accident Claims
Building a successful personal injury claim depends heavily on the strength of the evidence. When a distracted driver hits a pedestrian, we have to show both the distraction and how it caused the crash. That requires a thorough investigation of the accident scene, vehicle data, and driver behavior.
Some of the most helpful evidence includes:
Cellphone records: These can show whether the driver was texting, calling, or using apps at the time of the crash.
Traffic camera footage: If the accident occurred at an intersection or near a business, surveillance footage can capture what happened.
Eyewitness accounts: Bystanders may be able to describe the driver’s actions or confirm that they appeared distracted.
Police reports: Officers often note if a driver admitted to using a phone or if a distraction is suspected as a cause.
Medical documentation: The extent and nature of the pedestrian’s injuries help support the damages being claimed.
Gathering and preserving this evidence early can make a significant difference. That’s one of the main reasons I recommend that injured pedestrians contact The Law Office of Aaron Fonseca right away.
Pursuing Compensation After a Distracted Driving Accident
When a pedestrian is injured by a distracted driver, they have the right to seek compensation through a personal injury claim. This process involves negotiating with insurance companies, collecting documentation, and sometimes filing a lawsuit. The goal is to recover fair compensation for the physical, emotional, and financial harm caused by the crash.
Damages may include:
Medical bills: Hospital stays, surgeries, rehabilitation, and future medical costs all factor into a claim.
Lost income: If the injury affects a person’s ability to work, they may be entitled to recover lost wages or reduced earning capacity.
Pain and suffering: Physical pain and emotional distress are recognized as real losses in personal injury law.
Loss of enjoyment of life: If the pedestrian can no longer participate in hobbies or activities they once enjoyed, that loss matters too.
Out-of-pocket expenses: Transportation to medical appointments, household help, and adaptive equipment may be covered as well.
Insurance companies often try to minimize these claims. They may argue the injuries aren’t that serious or that the pedestrian shares more blame than they really do. That’s why it’s important to have legal representation to protect your rights and push for a settlement that truly reflects what was lost.
Common Injuries in Pedestrian Accidents
The injuries pedestrians suffer when struck by distracted drivers are often severe. Unlike people in cars, pedestrians are completely exposed. Even a low-speed collision can lead to permanent damage.
Some of the most common injuries I see in pedestrian personal injury cases include:
Traumatic brain injuries: Concussions and more severe head trauma can affect memory, coordination, and mood long-term.
Spinal cord injuries: These can result in partial or complete paralysis, requiring extensive care and rehabilitation.
Fractures: Broken bones, especially in the legs and pelvis, often require surgery and long recovery periods.
Internal injuries: Damage to organs and internal bleeding may not be visible right away but can be life-threatening.
Soft tissue injuries: Torn ligaments, deep bruises, and muscle damage can also cause significant pain and limited mobility.
The cost of treating these injuries adds up quickly, and the physical and emotional toll can last years. Holding the distracted driver accountable through a personal injury claim helps cover those losses and provides much-needed financial stability for the injured pedestrian.
Speak to a Personal Injury Lawyer
If you or a loved one has been injured by a distracted driver while walking, reach out to The Law Office of Aaron Fonseca. I represent clients in Edinburg, Texas; McAllen; Mission; and throughout the Rio Grande Valley. Let’s talk about your personal injury claim and how we can work together to pursue the compensation you need.