Pedestrians face serious risks when walking near traffic, especially in busy Texas cities where cars, buses, and bikes share the road. Unlike drivers and passengers protected by seat belts, airbags, and metal frames, pedestrians have nothing to absorb the impact of a crash. When a vehicle strikes a person, head and brain injuries are among the most severe and life-altering consequences.
Head injuries from pedestrian accidents can lead to long-term disabilities, financial hardships, and emotional struggles for victims and their families. Understanding how these injuries happen, their effects, and your legal options can help you take the right steps toward recovery.
At Weinstein Law, we understand the impact a serious head or brain injury can have on a victim and their family. If you or someone you love suffered a brain injury after getting hit by a car in East Texas, contact us today to see how an experienced pedestrian accident lawyer can protect your rights and fight for the maximum compensation you deserve.
What causes pedestrian accidents that lead to head injuries?
Many pedestrian accidents happen because of driver negligence, unsafe road conditions, or a combination of both. Some of the most common causes include:
- Speeding: A fast-moving vehicle gives a driver less time to stop and increases the severity of injuries in a collision.
- Distracted driving: Looking at a phone, adjusting the radio, or even eating can cause a driver to miss a pedestrian crossing the road.
- Failure to yield: Drivers often fail to stop at crosswalks or ignore traffic signals, putting pedestrians in danger. Children are especially at risk when crossing the street in school zones.
- Low visibility: Poor lighting, fog, or objects blocking a driver’s view make it harder to see pedestrians, especially at night.
- Impaired driving: Alcohol and drugs slow reaction times, impair judgment, and increase the likelihood of hitting a pedestrian.
What types of head and brain injuries occur in pedestrian accidents?
Pedestrian accidents can cause a range of head injuries, from mild concussions to life-threatening brain trauma. Common injuries include:
- Concussions: A sudden impact can shake the brain inside the skull, leading to confusion, dizziness, headaches, and memory problems. Even a mild concussion can have long-term effects.
- Skull fractures: A hard blow to the head can crack the skull, sometimes leading to brain damage or bleeding.
- Traumatic brain injuries (TBIs): These range from mild to severe and can cause problems with thinking, movement, emotions, and communication. Severe TBIs may lead to permanent disabilities.
- Hematomas and hemorrhages: Internal bleeding in or around the brain can be life-threatening if not treated immediately.
- Diffuse axonal injury (DAI): This severe brain injury happens when the brain shifts inside the skull, damaging nerve connections. It often results in coma or permanent brain damage.
Even a minor head injury can have serious consequences. Some symptoms don’t appear right away, so you should see a doctor immediately after a car accident to rule out hidden injuries.
What symptoms and long-term effects do brain injuries cause?
The symptoms of a brain injury depend on its severity. Some appear immediately, while others develop over time. Common symptoms include:
- Headaches
- Dizziness or balance problems
- Blurred vision
- Confusion or memory loss
- Nausea or vomiting
- Mood swings or personality changes
More severe brain injuries can cause lasting complications, such as:
- Difficulty concentrating, learning, or making decisions
- Problems with movement, coordination, or balance
- Emotional and behavioral changes, including depression, anxiety, or aggression
- Increased risk of degenerative brain diseases, such as Alzheimer’s or Parkinson’s
What legal options do Texas pedestrians with head injuries have?
If you sustained a head injury in a pedestrian accident in Texas, you have the right to seek compensation for your losses. However, building a strong case requires several key steps. First, you must prove that the driver was negligent. This often involves gathering evidence such as police reports, traffic camera footage, and witness statements to demonstrate that the driver acted carelessly, whether by speeding, running a red light, or failing to yield to pedestrians.
Next, you'll need to document your head injury and keep all medical bills, appointment logs, prescriptions, and other details regarding your recovery. These records help establish the extent of your injuries and losses, which a Texas attorney can use to negotiate with insurance companies or present your case in court. Once you have established negligence and documented your injuries, you can seek compensation for various damages. This may include medical expenses, lost wages due to time away from work, pain and suffering, and any long-term care you may require as a result of the injury.
Finally, it’s important to understand Texas’s modified comparative fault rule. If you're found partially responsible for your pedestrian accident, you may still recover compensation as long as you were 50% or less at fault. However, your total award will be reduced based on your percentage of fault. Insurance companies often take advantage of this rule by shifting the blame onto you. They do this to reduce their financial obligations to you or deny compensation altogether.
Hit by a car in East Texas? Don't let the insurance companies push you around
If a driver hit you while you were walking in Texas, you’re probably dealing with pain, medical bills, and the frustration of an insurance company that refuses to pay what you deserve. They’ll try every trick in the book to deny your claim, downplay your injuries, or even blame you for your pedestrian accident. Don’t let them.
Attorney Jeff Weinstein knows exactly how these companies operate, and he’s not afraid to take them on. With years of experience fighting for injured pedestrians throughout Henderson County and East Texas, he’s recovered compensation for medical bills, lost wages, and the pain and suffering insurance companies try to ignore. Our law firm also has a dedicated Brain Trauma Specialist who can help show the true cost of your brain injury—for expenses both now and in the future.
We handle cases on a contingency fee basis. In other words, you don’t pay a dime unless we win your case. From the moment you decide to work with us, we start building your case, getting evidence, tracking down witnesses, and proving the driver’s negligence. We don’t back down when insurance companies try to lowball you. If they refuse to offer a fair settlement, we’ll take them to court and fight for every dollar you deserve.
Contact us online or call our Athens, TX, law office today for a free consultation. We’ll go over your potential legal options, answer your questions, and get to work holding the negligent party accountable for your brain injury.
"I absolutely would recommend Weinstein Law to anyone that is seeking assistance in an accident case. The team kept us up to date and got all they could for my children and myself. Jeff is passionate about what he does and walks you through the court process with ease. Thank you, Weinstein team!!" - Ingrid, ⭐⭐⭐⭐⭐