How Much Is a Pedestrian Accident Lawsuit Worth in Austin, Texas?
If you have been struck by a vehicle while walking in Austin, one of the first questions on your mind is how much your case is worth. The honest answer is that every pedestrian accident is different, and the value of your claim depends on the severity of your injuries, the circumstances of the crash, and the insurance coverage available. What the pedestrian accident lawyers at Shaw Cowart can tell you is that pedestrian crashes almost always result in severe injuries — and severe injuries mean higher damages.
Pedestrian crashes make up only about 3 percent of all traffic collisions in Austin, but they are responsible for roughly 28 percent of all serious injury and fatal crashes. That is the highest rate among major Texas cities, according to a City of Austin audit report. The reason is simple: when a 4,000-pound vehicle strikes a human body, there is no metal frame, no airbag, no seatbelt absorbing the impact. The personal injury attorneys at Shaw Cowart have represented pedestrian accident victims with catastrophic injuries for 34 years, and they understand how to calculate the full value of these claims — not just what the insurance company wants to pay.
If you are trying to figure out what your pedestrian accident case might be worth, the most important thing to understand is that the insurance company’s first offer is designed to close your file cheaply. Pedestrian accident attorneys do not let that happen. They calculate every dollar of damages you are owed under Texas law and fight to make sure you receive it.
Types of Damages in a Texas Pedestrian Accident Case
Medical Expenses — Past and Future
Medical bills are typically the largest category of damages in a pedestrian accident claim. These are not limited to the emergency room visit after the crash. They cover every dollar spent on treatment related to your injuries: ambulance transport, emergency surgery, hospitalization, follow-up appointments, physical therapy, prescription medications, diagnostic imaging, assistive devices like wheelchairs or braces, and any future medical care your doctors expect you will need. If your injuries require ongoing treatment — and most serious pedestrian injuries do — the future medical costs can be substantial.
Lost Wages and Earning Capacity
If your injuries prevent you from working, you can recover the wages you have already lost and the future income you will lose because of your injuries. For pedestrian accident victims who suffer permanent disabilities — spinal cord injuries, amputations, severe traumatic brain injuries — the loss of future earning capacity can be worth hundreds of thousands or even millions of dollars over a lifetime.
Pain and Suffering
Texas law allows pedestrian accident victims to recover compensation for the physical pain and emotional suffering caused by their injuries. This is where the real gap between the insurance company’s offer and the true value of your case usually appears. Pain and suffering is harder to quantify than medical bills, but it often represents the largest component of a pedestrian accident settlement or verdict. Factors that increase pain and suffering damages are the duration of your recovery, the severity of your pain, the permanence of your injuries, and the impact on your daily life.
Disfigurement and Physical Impairment
Pedestrian accidents frequently result in visible scarring, disfigurement, and permanent physical limitations. Broken facial bones, road rash, surgical scars, amputations, and limps are all common outcomes when a person is struck by a vehicle. Texas law recognizes these as separate categories of damages, and juries regularly award significant compensation for the lasting physical changes a pedestrian accident victim endures.
Loss of Enjoyment of Life
If your injuries prevent you from doing the things you used to enjoy — playing with your children, exercising, traveling, pursuing hobbies — you may be entitled to damages for loss of enjoyment of life. This is a recognized category under Texas personal injury law and can meaningfully increase the value of your claim.
Factors That Increase the Value of a Pedestrian Accident Case
Not all pedestrian accident cases are worth the same amount. Several factors can significantly increase what your case is worth. If the driver was intoxicated, your case may be worth substantially more because Texas allows exemplary (punitive) damages in DWI cases to punish the driver and deter others. If the driver ran a red light or violated a crosswalk law, clear liability strengthens your claim. If the driver was texting or otherwise distracted, electronic evidence from their phone can prove negligence. If a commercial vehicle — a delivery truck, an 18-wheeler, a rideshare vehicle — struck you, the available insurance coverage is typically much higher. And if the crash occurred in a known dangerous intersection where the city or TxDOT failed to implement safety improvements, a premises liability claim against the government entity may also be possible.
How Comparative Fault Affects Your Claim
Texas uses a modified comparative fault system under Civil Practice and Remedies Code Chapter 33. If the driver claims you were partially at fault — you were not in a crosswalk, you stepped into the road without looking, you were on your phone — your damages are reduced by your percentage of fault. But as long as your fault does not exceed 50 percent, you can still recover. A pedestrian who is found 20 percent at fault for a crash still recovers 80 percent of their damages. Insurance adjusters routinely exaggerate the pedestrian’s fault to reduce payouts, which is why having experienced lawyers review your case matters.
Do Not Accept the First Offer
Insurance adjusters are trained to settle pedestrian accident claims as quickly and cheaply as possible. They know that injured people are desperate — they are in pain, they cannot work, and medical bills are piling up. The first offer is always made before you know the full extent of your injuries and your future treatment needs. Once you sign a release, you cannot go back for more money when you discover six months later that you need surgery or that your back pain is permanent.
The pedestrian accident attorneys at Shaw Cowart will calculate the full value of your claim before any settlement is considered. Consultations are free, and there is no fee unless they win your case. If you have a legal question — call us at 512-842-7085.