Getting hit by a car while walking is terrifying and life-changing. One moment you’re crossing the street or walking along a sidewalk—the next, you’re on the pavement with broken bones, head trauma, or worse. If you or someone you love was struck by a vehicle in McAllen, you need a pedestrian accident lawyer who knows how to hold negligent drivers accountable. Kenny Perez Law has recovered over $75 million for injured Texans, and we’ve handled dozens of serious pedestrian crash cases throughout the Rio Grande Valley.
Kenny Perez isn’t just another personal injury attorney—he grew up in the Valley and knows the dangerous intersections along 10th Street, Business 83, and McColl Road where pedestrian accidents happen far too often. With 300+ five-star reviews, we’ve earned the trust of more McAllen families than any other injury firm in the region. If you were hit by a car, call (956) 305-5351 now for a free case review. You pay nothing unless we recover compensation for you.
On This Page:
- After being hit by a car
- Building your injury claim
- Negotiating with insurers
- Filing a lawsuit if needed
- Why pedestrian accidents happen in McAllen
- Common pedestrian injuries
- Texas pedestrian laws and driver duties
- What your case may be worth
- Dealing with hit-and-run accidents
- Frequently asked questions
- Why choose Kenny Perez Law
Why Pedestrian Accidents Happen in McAllen
McAllen’s pedestrian accident rate is higher than most Texas cities. The combination of heavy traffic, fast-moving roads like Business 83 and 10th Street, and large intersections creates constant danger for people on foot. Many crashes happen in crosswalks where drivers should be yielding but don’t.
Common causes of McAllen pedestrian accidents include:
Distracted driving. Drivers texting, looking at GPS, or eating behind the wheel don’t see pedestrians until it’s too late. Even a two-second glance away means a car traveling 40 mph covers nearly 120 feet—more than enough distance to hit someone crossing the street.
Failure to yield at crosswalks. Texas law requires drivers to yield to pedestrians in marked and unmarked crosswalks, but many McAllen drivers speed through intersections without slowing down. Intersections along Business 83, 10th Street, and McColl Road see frequent crosswalk violations.
Left-turn accidents. Drivers making left turns at busy intersections often focus on oncoming traffic and miss pedestrians crossing in front of them. These collisions happen at intersections near La Plaza Mall, South Texas College, and throughout downtown McAllen.
Speeding through residential areas. Drivers speeding through neighborhoods don’t have time to react when children or residents cross the street. Many McAllen residential streets lack sidewalks, forcing pedestrians to walk along the roadway where speeding cars pose a deadly threat.
Drunk or impaired driving. Alcohol and drug-impaired drivers cause a significant percentage of pedestrian fatalities. Impaired drivers have slower reaction times and impaired judgment, making them more likely to strike pedestrians, especially at night.
Poor visibility at night. Many McAllen streets have inadequate lighting, making pedestrians nearly invisible after dark. Drivers who don’t use headlights properly or who overdrive their visibility range can’t see pedestrians until collision is unavoidable.
Hit-and-run crashes. Tragically, some drivers flee the scene after hitting a pedestrian. Texas law requires drivers involved in injury accidents to stop and render aid, but panic or prior DWI convictions cause some drivers to run. If you were the victim of a hit-and-run accident, we know how to track down responsible parties and pursue compensation.
Common Injuries in McAllen Pedestrian Accidents
Pedestrians have zero protection when struck by a vehicle. Even low-speed collisions can cause catastrophic injuries. The human body simply can’t withstand the force of being hit by a 4,000-pound vehicle traveling 30-40 mph.
Traumatic brain injuries (TBI). When a pedestrian’s head strikes the vehicle’s hood or windshield—or when they’re thrown to the pavement—traumatic brain injury is common. TBIs range from concussions to severe brain damage requiring lifelong care. Victims may experience memory loss, cognitive impairment, personality changes, and permanent disability. Kenny Perez has extensive experience with brain injury cases and works with top neurologists throughout Texas to document the full extent of TBI damages.
Spinal cord injuries and paralysis. The impact of being struck by a car can fracture vertebrae and damage the spinal cord, causing partial or complete paralysis. Paraplegia (loss of function in the lower body) and quadriplegia (loss of function in all four limbs) require lifetime medical care, home modifications, and adaptive equipment costing millions of dollars.
Broken bones and fractures. Pedestrian accident victims frequently suffer multiple fractures—legs, arms, pelvis, ribs, and facial bones. Compound fractures may require multiple surgeries, metal hardware, and extensive physical therapy. Some fractures never heal properly, leaving victims with permanent limitations.
Internal organ damage. The blunt force trauma of a vehicle collision can rupture internal organs, causing life-threatening internal bleeding. Damage to the liver, spleen, kidneys, or lungs may require emergency surgery and extended hospitalization.
Road rash and soft tissue injuries. Being dragged across pavement causes severe abrasions, lacerations, and scarring. Deep road rash often requires skin grafts and leaves permanent disfigurement.
Amputations. In severe pedestrian crashes, the impact can sever limbs or crush them so severely that amputation becomes necessary. Prosthetics and rehabilitation help, but losing a limb permanently changes a victim’s life, career, and independence.
Psychological trauma. Beyond physical injuries, pedestrian accident survivors often develop PTSD, anxiety, depression, and fear of crossing streets or being near traffic. Mental health treatment is a compensable damage that we fight to include in your settlement.
Many pedestrian accident victims require weeks or months of hospitalization, multiple surgeries, and years of physical therapy. The medical bills alone can exceed hundreds of thousands of dollars—and that doesn’t account for lost wages, pain, suffering, and permanent disability.
Texas Pedestrian Laws and Driver Duties
Texas law gives pedestrians specific rights and imposes clear duties on drivers. When drivers violate these laws, they’re liable for the injuries they cause.
Right-of-way at crosswalks. Texas Transportation Code § 552.003 requires drivers to yield the right-of-way to pedestrians crossing in marked or unmarked crosswalks. An “unmarked crosswalk” exists at any intersection where sidewalks meet, even if no painted lines are present. Many McAllen drivers don’t understand that pedestrians have the right-of-way at virtually every intersection.
Duty to exercise due care. Even if a pedestrian isn’t in a crosswalk, Texas law requires drivers to exercise due care to avoid hitting them. Drivers must keep a proper lookout, control their speed, and take evasive action when they see someone on or near the roadway.
Passing stopped vehicles. Texas law prohibits drivers from passing vehicles stopped at crosswalks. This law exists because the stopped vehicle may be yielding to a pedestrian the passing driver can’t see. Violating this law frequently causes crosswalk accidents in McAllen.
No texting while driving. Texas law bans texting while driving statewide, and cities like McAllen have additional distracted driving ordinances. If a driver who hit you was texting, that violation strengthens your case significantly.
DUI laws. Drivers operating under the influence of alcohol or drugs are strictly liable for injuries they cause. Even if a pedestrian was jaywalking, an intoxicated driver typically bears full responsibility for the collision.
Comparative fault rules. Texas follows modified comparative fault (Texas Civil Practice & Remedies Code § 33.001). If you were partially at fault for the accident—for example, by crossing against a signal—your compensation is reduced by your percentage of fault. However, you can still recover as long as you’re 50% or less at fault. Insurance companies exploit this law by falsely blaming pedestrian victims. We fight back with accident reconstruction and witness testimony proving the driver’s negligence caused the crash.
What to Do After Being Hit by a Car in McAllen
The moments after being struck by a vehicle are chaotic and terrifying. If you’re physically able, taking certain steps protects both your health and your legal claim.
Get medical attention immediately. Call 911 or have someone call for you. Even if you don’t think you’re seriously hurt, adrenaline masks pain and injury symptoms. Internal bleeding, brain injuries, and fractures may not be obvious at the scene. Refusing medical treatment gives insurance companies ammunition to deny your claim later.
Stay at the scene if possible. If you’re conscious and able, stay where you are until police and EMS arrive. Moving can worsen spinal injuries. If you’re in immediate danger from traffic, get to safety, but don’t leave the area.
Get the driver’s information. If you’re able, get the driver’s name, phone number, insurance information, and license plate number. If witnesses stopped, get their contact information too. McAllen Police will document this in their accident report, but having it yourself is helpful.
Document the scene. If you can use your phone, take photos of the vehicle that hit you, your injuries, the crosswalk or intersection, traffic signals, and anything else relevant. If you’re too injured, ask a witness or family member to take photos.
Don’t give a recorded statement. Insurance adjusters often contact pedestrian accident victims within hours, asking for recorded statements. Don’t give one. Adjusters use your words against you, twisting statements to minimize your injuries or blame you for the crash. Politely decline and say you’ll have your attorney contact them.
Don’t accept a quick settlement. Insurance companies know that pedestrian accident victims face massive medical bills and lost income. They’ll offer quick settlements—sometimes within days—hoping you’ll accept before you understand the full extent of your injuries. These initial offers are almost always far below what your case is worth.
Call Kenny Perez Law. The sooner you have an experienced McAllen pedestrian accident lawyer protecting your rights, the better. We deal with insurance companies, preserve evidence, interview witnesses, and start building your case immediately. You pay nothing unless we win.
What Compensation Can You Recover?
Texas law allows pedestrian accident victims to recover both economic and non-economic damages. The compensation you’re owed depends on the severity of your injuries, the defendant’s conduct, and how the accident has affected your life.
Medical expenses. You can recover 100% of your medical costs—past and future. This includes emergency room treatment, surgery, hospitalization, physical therapy, prescription medications, medical equipment, home health care, and any future treatment your doctors say you’ll need. For catastrophic injuries like TBI or paralysis, future medical costs can reach millions of dollars.
Lost wages and earning capacity. If your injuries caused you to miss work, you’re owed every dollar of lost income. If your injuries are permanent and you can’t return to your former occupation, you can recover lost future earning capacity—the difference between what you would have earned and what you can earn now.
Pain and suffering. Texas law recognizes that injuries cause more than financial harm. Physical pain, emotional distress, loss of enjoyment of life, and mental anguish are compensable. For serious pedestrian accidents causing permanent disability or disfigurement, pain and suffering damages can exceed economic damages.
Disfigurement and scarring. Permanent scars, especially on visible areas like the face, arms, or legs, are separately compensable in Texas. Disfigurement affects victims psychologically and socially for life.
Loss of consortium. If your injuries damaged your relationship with your spouse—including physical intimacy, companionship, and support—your spouse may have a separate claim for loss of consortium.
Wrongful death damages. If a pedestrian accident killed your loved one, Texas law allows surviving spouses, children, and parents to file a wrongful death claim for loss of companionship, mental anguish, and lost financial support.
Punitive damages. In cases involving gross negligence—such as a drunk driver or a driver who intentionally fled the scene—Texas law allows punitive damages designed to punish the defendant and deter similar conduct. Punitive damages require clear and convincing evidence of extreme recklessness or intentional harm.
Insurance companies don’t volunteer to pay what your case is actually worth. They’ll lowball you, delay your claim, and deny coverage whenever possible. Kenny Perez Law fights for maximum compensation by documenting every dollar of harm you’ve suffered and proving the full value of your case.
How Insurance Companies Try to Blame Pedestrian Victims
Insurance adjusters know that Texas’s comparative fault law reduces your recovery if you share blame for the accident. They exploit this by falsely claiming you were jaywalking, crossing against a signal, or wearing dark clothing that made you “invisible.”
Common insurance company tactics:
“You weren’t in a crosswalk.” Adjusters claim you were jaywalking and therefore at fault. This ignores the fact that drivers still have a duty to exercise due care even if you weren’t in a crosswalk. We use accident reconstruction, witness testimony, and traffic camera footage to prove the driver had time to see you and stop.
“You were distracted by your phone.” Even if you were looking at your phone, that doesn’t give drivers the right to hit you. We counter this argument by proving the driver was speeding, distracted, or otherwise negligent.
“You were wearing dark clothing.” Insurance companies love to blame pedestrian victims for wearing dark clothes at night. While visibility matters, drivers have a duty to use their headlights properly and drive at speeds that allow them to stop within their visible range. If a driver couldn’t see you, they were driving too fast for conditions.
Quick settlement pressure. Adjusters contact victims quickly, offering settlements before victims understand the severity of their injuries. They say things like, “We want to help you with your medical bills now.” What they really want is for you to sign away your rights before you realize your injuries are permanent.
Recorded statement traps. Adjusters ask seemingly innocent questions designed to get you to admit partial fault. Questions like “Were you in a hurry?” or “Did you look both ways?” sound harmless but create statements the adjuster will use against you.
Surveillance. Insurance companies hire investigators to follow pedestrian accident victims, hoping to catch video of them doing something inconsistent with their claimed injuries. Even innocent activities—like grocery shopping—get twisted to claim you’re not really hurt.
Kenny Perez Law knows every tactic insurance companies use. We deal with adjusters so you don’t have to. We build a case so strong that insurance companies can’t deny the driver’s fault and the full extent of your damages.
Hit-and-Run Pedestrian Accidents in McAllen
Tragically, many McAllen pedestrian accidents are hit-and-runs. Drivers panic and flee, leaving victims bleeding on the pavement. Texas law requires drivers involved in injury accidents to stop, render aid, and provide their information (Texas Transportation Code § 550.021). Fleeing is a crime, but that doesn’t help you if the driver is never found.
What to do after a hit-and-run:
Get medical help immediately. Your health comes first. Even if the driver fled, call 911 so you get the treatment you need.
Look for witnesses. Hit-and-run witnesses are critical. Anyone who saw the vehicle or got a license plate number can help identify the driver. Ask bystanders to stay and give statements to police.
Check for surveillance cameras. Many McAllen businesses, traffic lights, and homes have cameras that may have captured the crash. We work quickly to identify and preserve this footage before it’s deleted.
Report to your insurance company. If you have uninsured motorist (UM) coverage on your auto policy, it may cover your injuries even though you were on foot when hit. Texas UM coverage often extends to pedestrian accidents involving unidentified drivers.
Hire Kenny Perez Law immediately. We have the resources to investigate hit-and-runs that police may not prioritize. We’ve hired investigators who tracked down hit-and-run drivers using partial license plates, vehicle descriptions, and body shop records. Even if the driver is never found, we explore every possible source of compensation, including your own insurance and potentially liable third parties.
Don’t assume you have no claim just because the driver fled. There are often more avenues for compensation than you realize.
Why Choose Kenny Perez Law for Your McAllen Pedestrian Accident Case
If you were hit by a car in McAllen, you need an attorney who knows pedestrian accident law, understands the medical and financial devastation these injuries cause, and has the track record to prove it.
$75+ million recovered. Kenny Perez has recovered tens of millions for injured Texans, including pedestrian accident victims with brain injuries, spinal cord damage, and other life-altering harm. We know what these cases are worth and we don’t settle for less.
300+ five-star reviews. We’re the most-reviewed personal injury firm in the Rio Grande Valley. Hundreds of clients have given us five stars because we fight hard, communicate clearly, and treat clients like family.
Local knowledge. Kenny Perez grew up in the Valley. He knows the dangerous intersections along 10th Street, Business 83, and McColl Road where pedestrian accidents happen constantly. He understands the local hospitals, the judges, and the insurance companies that try to take advantage of Valley families.
Bilingual representation. Hablamos español. Kenny Perez and his entire team communicate fluently in Spanish, so you’ll never struggle to understand your case or your rights. Many insurance companies exploit Spanish-speaking accident victims—we make sure that doesn’t happen to you.
No fee unless we win. You pay nothing upfront and nothing out of pocket. We work on contingency, meaning we only get paid if we recover compensation for you. There’s zero financial risk in hiring Kenny Perez Law.
We prepare every case for trial. Insurance companies know which lawyers will actually go to trial and which ones settle cheap. We prepare every pedestrian accident case as if it’s going to trial, and insurers know it. That gives us negotiating power that gets you higher settlements.
Personalized attention. You won’t be handed off to a paralegal and forgotten. Kenny Perez personally oversees every case, and you’ll have direct access to your legal team throughout the process.
You’ve already been through enough. Let us handle the insurance companies, the medical records, the legal deadlines, and the negotiations. You focus on healing. We’ll focus on getting you the compensation you deserve.
