Wrongful Death Claims for Pedestrian Accidents in Texas

Pedestrian fatalities in Texas often lead to wrongful death claims when a driver’s negligence causes a fatal collision. Pedestrians are among the most vulnerable road users, and when a vehicle strikes a person on foot, the results are frequently catastrophic or fatal. Surviving family members may bring a wrongful death claim against the driver and any other party whose conduct contributed to the death.

Texas law allows surviving family members to file a wrongful death lawsuit when a pedestrian dies because of a driver’s wrongful act, neglect, carelessness, or default. These cases focus on whether the driver breached a duty of care to those on foot and whether that breach directly caused the fatal collision. Establishing both points is the foundation of any successful pedestrian wrongful death claim in Texas.

Cases involving pedestrian fatalities often carry unique challenges. Defense lawyers frequently argue that the pedestrian shared blame for the crash, and Texas comparative negligence rules can reduce or even eliminate the family’s recovery if the deceased is assigned too much fault. Strong evidence, fast investigation, and experienced legal representation are critical to overcoming those arguments and securing fair compensation.

How wrongful death claims work after a fatal pedestrian accident in Texas

A successful case after a fatal pedestrian collision depends on understanding why these crashes happen, how negligence is proven, how comparative fault arguments are answered, and what damages the family can recover. The sections below cover each piece.

Why pedestrian accidents are so dangerous

Pedestrians have no protection when hit by a vehicle. Even at relatively low speeds, a car or truck can cause severe head injuries, internal organ damage, or crushing trauma that leads to death. The severity […]

Standard Negligence and Gross Negligence

Published by Carabin Shaw – San Antonio Personal Injury Lawyers – Wrongful Death

Standard Negligence and Gross Negligence

A standard of degree separates the two types of negligence required to substantiate wrongful death lawsuits seeking compensation. Standard negligence represents a momentary lapse in judgment or focus and is required as substantiating evidence in a lawsuit brought against a non-subscriber employer (one who has opted out of carrying Workers’ Compensation Insurance). Standard negligence defines accidents that could not have been predicted, therefore could not have been avoided, and are usually covered and compensated for under the Workers’ Compensation Insurance policy of a subscribing employer. Call our San Antonio Wrongful Death Attorney now!
Gross negligence, however, represents a willful and/or intentional disregard for the safety of a worker or workers, on the part of the employer. It is necessary to substantiate a lawsuit seeking compensation in addition to that awarded under a Workers’ Compensation Insurance claim from a subscribing employer (one who has opted to carry Workers’ Compensation Insurance).

An instance of gross negligence would be that of a worker who habitually disregards the safety of others by placing toolboxes or other materials directly in the path of travel of other workers. A construction foreman who habitually fails to provide for the safety of his or her crew in neglecting to provide safety equipment appropriate for the safe execution of the duties of his or her crew would also be guilty of gross negligence. An example of standard negligence would be a commercial truck driver, or the driver of an 18-wheeler, who does not see a worker rounding a corner while executing a turn in a warehouse parking lot and causes an accident in which […]