Garland · Pedestrian Accident
Garland Pedestrian Accident Lawyer
A pedestrian or bicycle accident claim in Garland arises when a motor vehicle strikes a person on foot or on a bicycle on roads like SH-78 (Lavon Drive), Northwest Highway, or Centerville Road. Texas law under Tex. Transp. Code Ch. 552 gives pedestrians the right of way in marked crosswalks, and cyclists operating under § 551.101 hold the same rights and duties as motor-vehicle drivers. Because no surrounding structure absorbs the impact, injuries are severe even at modest speeds, and the damages picture — fractures, TBI, extended rehabilitation — can be substantial. The two-year statute under § 16.003 applies, suits go to Dallas County district court, and the 51 percent comparative-fault bar under § 33.001 still allows recovery when the injured person was partly at fault.
Why Garland cases are different
Garland's surface arterials, where SH-78 (Lavon Drive) meets Northwest Highway, Centerville Road, and Broadway, mix fast vehicle traffic with people on foot and bike. Cap City represents injured Garland pedestrians and cyclists statewide from Austin.
Right-of-way and driver inattention at Garland intersections
Pedestrian and bicycle crashes in Garland cluster where Lavon Drive crosses Northwest Highway, Centerville Road, and Broadway, and around the lake-bound surface routes that draw weekend foot and bike traffic. Texas law gives pedestrians the right of way in marked crosswalks and at many intersections, but the real-world cause is usually a driver turning without looking, rolling a right-on-red, or watching for cars and never registering a person crossing. Even where a pedestrian crossed mid-block, Chapter 33 comparative responsibility allows recovery as long as the injured person's share of fault is 50 percent or less, with damages reduced proportionally. We work the signal phasing, the driver's sightlines, any nearby business or traffic-camera footage, and witness accounts quickly, because the physical evidence at a busy arterial intersection does not stay preserved for long.
Why these injuries are so severe and how value is proven
A person on foot or a bicycle has no protection against a vehicle, so even a low-speed Garland impact can cause fractures, internal injuries, and head trauma. Serious pedestrian impacts are routed to Parkland Memorial in downtown Dallas under EMS trauma protocol, while less severe injuries are handled at Baylor Scott & White Medical Center Garland. The medical reality is that the full extent of a head or orthopedic injury often emerges in the follow-up weeks, not the day of the crash, yet insurers price their first offer on the ER discharge note. Building a fair claim means assembling the complete treatment record, including neurology, orthopedic, and rehabilitation follow-ups, and tying the long-term limitations to how the collision happened, so the recovery reflects the real cost rather than the day-one snapshot.
More in Garland
Other ways we help Garland injury victims.
Frequently asked
Garland pedestrian accident questions
- Right-of-way in a marked crosswalk strongly favors you, but Texas does not make liability automatic. The driver's insurer can still argue you contributed, for example by entering against a signal. Under comparative responsibility you can recover if your fault is 50 percent or less. Preserving signal timing, sightlines, and any camera footage near the intersection helps establish that the driver failed to yield.
- You may still have a claim. Texas comparative responsibility allows recovery as long as your share of fault is 50 percent or less, with damages reduced by your percentage. Drivers still owe a duty to keep a proper lookout and avoid foreseeable harm. The facts, such as visibility, the driver's speed, and whether they were distracted, drive how fault is apportioned.
- Quickly. Intersection evidence on a busy arterial like Lavon Drive degrades fast, nearby business or traffic-camera footage is often overwritten within weeks, and witnesses scatter. The two-year filing deadline is the outer limit, not the practical one. Getting your medical follow-up documented and the scene evidence preserved early protects both your health and your claim.
- Claims against a governmental entity such as the City of Garland or Dallas County require pre-suit notice under the Texas Tort Claims Act, typically within six months of the incident and sometimes sooner under local charter provisions. Missing the notice deadline can bar the entire claim. Identifying whether the vehicle was government-operated should happen at intake, not months later.
- Yes. If you have an auto policy with uninsured or underinsured motorist coverage, that coverage typically extends to you as a pedestrian or cyclist struck by an uninsured or underinsured driver. The claim is made against your own insurer, subject to the same notice and cooperation requirements as any other UM/UIM claim.
- Children in school zones receive heightened statutory protection and drivers who violate school-zone speed limits can face negligence per se findings. Texas law also prevents very young children from having negligence assigned to them. If the striking vehicle was a school district vehicle, the Texas Tort Claims Act applies, including a six-month pre-suit notice requirement and damages caps under Ch. 101.
Where we work from
Downtown Austin. Garland clients welcome.
Our office is in downtown Austin; we represent Garland-area clients statewide and travel to Garland for case-specific needs (scene visits, medical-records consultations, court appearances). Home and hospital visits when injuries make travel difficult.
Talk to a Garland pedestrian accident lawyer.
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