Does the pedestrian always have the right of way?

No, and that misunderstanding hurts people on both sides of these cases. Texas law gives pedestrians the right of way in marked crosswalks and at intersections in many circumstances, while also requiring pedestrians not to step suddenly into the path of a vehicle. Fault turns on the specific facts, not on a general rule.

What if I was crossing outside a crosswalk?

You may still have a claim. Texas reduces recovery by your share of fault and bars it only if you are more than 50 percent responsible. New Mexico is more forgiving still, reducing recovery by your share without cutting it off. Do not assume you have no case because someone at the scene told you so.

The driver was uninsured. Is there anything to pursue?

Often yes. Your own uninsured or underinsured motorist coverage can apply to you as a pedestrian, and there may be other responsible parties, including an employer if the driver was working. It is worth having the policies read by someone before concluding there is nothing there.

Two years in Texas, three in New Mexico. Claims involving a city or other governmental body can require formal written notice within a far shorter period, sometimes months, so those need attention immediately.

What evidence matters in these cases?

Video above almost everything. Nearby businesses, doorbell cameras, buses and traffic cameras often capture the crash, and most systems overwrite within days or weeks. That is the single strongest argument for calling early.

El Paso Pedestrian Accident Lawyers | Mendez Isaac Joudi, PLLC

At Mendez Isaac Joudi, PLLC, our attorneys bring more than 50 years of combined experience to the El Paso community, providing compassionate, hard-working, and dedicated legal representation to people hurt through no fault of their own.

Common causes of serious pedestrian accidents in Texas

Pedestrian accidents most often happen because a driver failed to do their job:

Distracted driving: eating, texting, checking the GPS, or talking on the phone.
Speeding: excessive speed cuts a driver's reaction time exactly when it matters most.
Failure to yield: ignoring the right of way at crosswalks and intersections.
Driving under the influence: impaired drivers have reduced coordination, reaction time, and judgment.
Poor visibility: low lighting, bad weather, and obstructed views make it harder for drivers to see people on foot, and demand extra caution they do not always give.

When a negligent driver causes you harm, our attorneys are here to hold them accountable.

Common injuries in serious pedestrian accidents

A pedestrian has nothing between their body and the vehicle. The injuries reflect that:

Traumatic brain injuries (TBI): head impacts that affect cognitive and motor function.
Spinal cord injuries: damage that can cause partial or complete paralysis.
Broken bones: fractures of the legs, arms, ribs, or pelvis.
Internal injuries: organ damage with life-threatening complications.
Lacerations and soft tissue damage: cuts, bruising, and muscle injuries.

Skilled legal representation helps you obtain the compensation needed for medical expenses, rehabilitation, and lost income, the full cost of what the driver did, not the fraction the adjuster opens with.

Recovering and getting adjuster calls already? Hand them to us.

Free Consultation

Take the first step toward justice

If you or a loved one has been injured in a serious pedestrian accident in El Paso, Mendez Isaac Joudi, PLLC is ready to fight for your rights and secure the compensation you deserve. The consultation is free, and you owe nothing unless we win.

Call 915-444-1085 or contact us online today.

You had no protection. The driver had a duty.

Common causes of serious pedestrian accidents in Texas

Common injuries in serious pedestrian accidents

Take the first step toward justice

Pedestrian accident questions, answered straight.

Talking to us is always free, in English or Spanish, and there is never a fee unless we win.