Longview Pedestrian Accident Lawyers

Longview pedestrians get hit on Loop 281, where crossings are few and the traffic is fast, on Eastman Road near the Eastman Chemical plant at shift change, and after dark along US-80 and State Highway 149 where the commercial blocks are poorly lit. The person struck is taken to CHRISTUS Good Shepherd Medical Center on East Marshall Avenue or Longview Regional Medical Center on North Fourth Street, and the emergency department record from that day becomes one of the central documents in the case. The Longview Police Department writes the crash report inside city limits, the Gregg County Sheriff’s Office writes it in the unincorporated county, and TxDOT may add its own report on a state highway. The suit is filed with the Gregg County District Clerk and heard in the Gregg County District Courts, the 124th, 188th, and 307th, at 101 East Methvin Street. Trey Morris Injury Lawyers sends preservation demands to the businesses along Loop 281 and Eastman Road for their camera footage, photographs the crossing to show whether a marked crosswalk was there, and requests every applicable report.

The law that governs the claim is Texas law and it reads the same in Gregg County as anywhere else in the state. A pedestrian injury is a two-year filing under CPRC Section 16.003(a). Texas allocates fault under CPRC Chapter 33, and a claimant whose share of fault exceeds 50% under CPRC Section 33.001 recovers nothing, while at 50% or below damages are reduced by the claimant’s percentage. Trey Morris Injury Lawyers has handled personal injury cases in Longview and across East Texas for over 20 years, and we build the case from the crosswalk and scene photographs to answer an insurer that treats jaywalking as a 51% bar.

How Pedestrian Accidents Happen in Longview

Pedestrian crashes in Longview are concentrated along a predictable set of roads. Loop 281 is a high-speed multi-lane corridor with limited pedestrian infrastructure. Its design prioritizes vehicle throughput. Pedestrian crossings are infrequent and, in some segments, absent entirely.

Eastman Road presents a different problem. The corridor near the Eastman Chemical plant carries high pedestrian volume during shift changes. Marked crosswalks are inadequate for the foot traffic the road generates. When driver attention is split between road conditions and a cell phone or in-vehicle navigation system, that gap becomes dangerous.

Night and low-visibility conditions create additional risk along US-80 and State Highway 149, where commercial blocks lack adequate sidewalk lighting. Texas data on pedestrian crashes consistently identifies intersections and mid-block crossings as the highest-risk locations. NHTSA attributes 94% of all crashes to driver error; recognition failures, where the driver simply did not see the pedestrian in time, account for 41% of that figure.

Impaired driving extends liability beyond the at-fault driver in some cases. Under Tex. Alco. Bev. Code Section 2.02, an establishment that served an obviously intoxicated driver who then strikes a pedestrian can be held liable alongside the driver.

Texas Pedestrian Right-of-Way Law: What the Transportation Code Requires

Texas Transportation Code Section 552.003 requires drivers to yield to pedestrians in crosswalks in the situations described below, and Section 552.008 requires due care for any pedestrian on the roadway regardless of crosswalk location. Understanding both provisions matters because insurance companies use the distinction to dispute fault.

Tex. Transp. Code Section 552.003 requires a driver to stop and yield to a pedestrian in a marked crosswalk, or in an unmarked crosswalk at an intersection, when no traffic signal is in place or working and the pedestrian is on the driver’s half of the road or is coming from the other half close enough to be in danger. Where a working signal controls the crossing, the signal decides who goes. A pedestrian also may not suddenly step off the curb into the path of a car too close to stop. Section 552.005 shifts the obligation: when a pedestrian crosses outside a marked crosswalk at a non-intersection location, the pedestrian must yield to vehicles. Section 552.008 is the critical override: a driver must exercise due care to avoid striking any pedestrian on the roadway, regardless of whether the pedestrian had the right of way.

That due care obligation is separate from and additive to the right-of-way rules. A driver can technically have the right of way and still be liable if they failed to exercise due care. Speeding through a commercial block at night, distracted, is a failure of due care even if no marked crosswalk existed at the impact point.

The location of the crossing does not by itself decide whether a claim exists, but it affects how proportionate responsibility is allocated, and that can decide whether the pedestrian recovers anything. A pedestrian crossing outside a crosswalk may bear a share of fault for the crossing choice. That does not eliminate the driver’s due care obligation. The jury assigns a percentage of fault to each person who contributed to the injury, including the pedestrian (Tex. Civ. Prac. & Rem. Code § 33.003), and the pedestrian’s damages are reduced by their own percentage. A pedestrian found more than 50 percent at fault recovers nothing (Tex. Civ. Prac. & Rem. Code § 33.001). The question is how fault is divided, and that is where the legal dispute happens.

Government Entity Liability for Crosswalk Infrastructure

If a missing or defective crosswalk contributed to the crash, a separate claim may be available against the City of Longview or the Texas Department of Transportation (TxDOT). Government entity claims under the Texas Tort Claims Act have different notice and filing requirements than standard negligence claims. Those requirements are strict and the deadlines are shorter. This is covered in the statute of limitations section below.

Proportionate Responsibility in Pedestrian Cases

Under CPRC Chapter 33, Texas uses a proportionate responsibility system. If a claimant’s share of fault exceeds 50%, they recover nothing under Section 33.001. At exactly 50%, recovery is allowed but reduced by that percentage.

Insurance adjusters build pedestrian cases around the fault percentage. Their standard arguments: the pedestrian was jaywalking, wore dark clothing at night, stepped into traffic without checking, or was using a cell phone. Each argument is designed to push the pedestrian’s assigned fault above the 51% threshold.

Your response to those arguments depends on evidence. Photos of the impact location showing whether a crosswalk was or was not present, surveillance footage showing the pedestrian’s actual behavior, and witness accounts are all relevant to the fault allocation dispute.

responsible third parties

Under CPRC Section 33.004, defendants can name non-parties who they allege share fault. The claimant then has 60 days to add the designated third party as a defendant or that party’s fault is allocated without being in the lawsuit.

Defendants can also designate responsible third parties under CPRC Section 33.004. In pedestrian cases, potential responsible third parties include the driver’s employer, a dram shop defendant, and a government entity whose failed crosswalk infrastructure contributed to the hazard. The employer designation applies when the driver was working at the time of the crash. The claimant has 60 days after the designation to add the third party as a defendant.

Failing to respond within 60 days can lock in a fault allocation that excludes a party who shares real liability.

Injuries Pedestrians Commonly Sustain

A pedestrian has no structural protection in a collision. Injury severity in pedestrian crashes far exceeds what occupants experience in vehicle-to-vehicle impacts at the same speeds.

TBI

Traumatic Brain Injury. A disruption in normal brain function from a blow, bump, or jolt to the head, or a penetrating injury. Ranges from mild concussion to severe injury requiring long-term care.

TBI is the primary cause of pedestrian fatality. Even non-fatal impacts frequently cause concussive TBI. These injuries are often underestimated in the first hours after the crash because concussion symptoms are delayed or masked by adrenaline. Medical evaluation on the day of the crash documents the mechanism of injury even before symptoms fully present.

Spinal cord injuries occur when impact forces from vehicle contact cause cervical or thoracic fractures. Long bone fractures of the femur, tibia, and fibula are common in lower extremity impacts at standard bumper height. Internal organ damage from the secondary ground impact is frequently underdiagnosed in initial emergency department evaluations. Christus Good Shepherd Medical Center is a Level III trauma center in Longview. ETMC serves as a secondary facility. The emergency department record from the day of the crash is one of the most important documents in a pedestrian case.

MMI

Maximum Medical Improvement. The point at which a treating physician determines a patient’s condition has stabilized and is unlikely to improve further with continued treatment.

MMI timelines for severe pedestrian TBI and spinal injuries typically run 18 to 36 months. Case valuation is generally assessed at MMI because future medical needs cannot be fully established until the condition stabilizes. Cases with serious injuries take time. That is not a problem; it is a structural feature of getting the damages calculation right.

For cases involving catastrophic injuries, see Longview catastrophic injury lawyers. Brain trauma cases are addressed separately at Longview brain trauma lawyers.

UM/UIM Coverage for Pedestrians Struck by Uninsured Drivers

UM/UIM

Uninsured/Underinsured Motorist coverage. Pays for your injuries when the at-fault driver has no insurance (UM) or insufficient insurance to cover your damages (UIM). In Texas, it must be offered with every auto policy.

When the driver who strikes a pedestrian has no insurance or insufficient insurance, the pedestrian’s own auto policy may cover the gap. Under Tex. Ins. Code Chapter 1952, Texas insurers must offer UM/UIM with every auto policy. If the insured did not reject it in writing, the coverage defaults to the liability limits.

Hit-and-run crashes present a specific scenario. When the at-fault driver flees and their identity is unknown, UM coverage applies because there is no identified driver to file against. UIM applies only when the at-fault driver is identified but their policy limits are insufficient. Most Texas UM policies require a police report and may require physical contact between the fleeing vehicle and the pedestrian. Check your policy language. Filing a police report with the Longview Police Department (for crashes within city limits) or the Gregg County Sheriff’s Office (for unincorporated county) is essential.

subrogation

The right of an insurer who paid a claim to recover those payments from a third-party recovery. If your health insurer paid your medical bills, they may assert a claim against any settlement or verdict you receive.

Health insurance subrogation is a complication in UM/UIM cases. If your health insurer paid your medical bills, they may assert a lien against your recovery. An attorney can negotiate that lien. The existence of subrogation does not eliminate the UM/UIM claim. It affects how the net recovery is structured.

For wrongful death claims involving pedestrians killed by uninsured drivers, see Longview wrongful death lawyers.

Representative Results

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$409 Million Wrongful Death

A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

$49 Million Motor Vehicle Accident

An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

$32,195,000 Industrial / Workplace

Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

$31.5 Million Industrial / Workplace

Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

$17.25 Million Commercial Vehicle Accident

Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

$13 Million Commercial Vehicle Accident

On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

$12.1 Million Motor Vehicle Accident

A commercial vehicle failed to stop at a red light subsequently crashing into our client causing serious brain injury and permanent loss of function.

$7 Million Motor Vehicle Accident

When the other vehicle struck our client, the result was a major hemorrhage and a stroke.

$7 Million Commercial Vehicle Accident

An 18-wheeler cut across traffic on an illegal left turn and hit our client, who suffered neck and back injuries.

$6.25 Million Motor Vehicle Accident

A fatigued commercial-vehicle driver fell asleep at the wheel and rear-ended our client, leaving our client with severe neck and back injuries.

$4.95 Million Wrongful Death

A hydraulic line exploded at a job site, taking the life of our client's loved one.

$4 Million Commercial Vehicle Accident

Our client's vehicle was struck by the at-fault vehicle, resulting in neck and back injuries.

$3.3 Million Motor Vehicle Accident

Motor vehicle collision. Details not publicly disclosed.

$3.25 Million Commercial Vehicle Accident

Commercial vehicle collision. Details not publicly disclosed.

$3.2 Million Commercial Vehicle Accident

While our client was stopped, the at-fault driver rear-ended our client's vehicle and set it on fire, leaving our client seriously hurt.

$3.15 Million Wrongful Death

An 18-wheeler caused a fatal collision that took the life of our client's loved one.

$3 Million Commercial Vehicle Accident

A commercial vehicle struck and killed our client's loved one, who was on foot.

$3 Million Motor Vehicle Accident

Out on the highway, the at-fault driver hit our client.

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

Evidence That Matters in a Longview Pedestrian Case

The first 72 hours after a pedestrian crash are the most important for evidence preservation. Video footage from commercial properties along Loop 281 and Eastman Road businesses is typically overwritten within 30 to 72 hours. A preservation demand must be sent before that window closes. Without it, the footage is gone.

The accident report is the starting document. Within Longview city limits, that is the Longview Police Department. In unincorporated Gregg County, it is the Gregg County Sheriff’s Office. If the crash occurred on a state highway, TxDOT may generate a separate crash report with supplemental data. Request all applicable reports.

Whether a marked crosswalk existed at the impact point is central evidence for the proportionate responsibility dispute. Photos of the intersection or mid-block location taken immediately after the crash document what was there and what was not. That record becomes critical when the insurer argues the pedestrian was at fault for crossing outside a marked zone.

EDR

Event Data Recorder. A device in most modern vehicles that captures pre-impact data including speed, braking, throttle position, and steering inputs. Commonly called a “black box.” Data can be overwritten if the vehicle is repaired or totaled without a preservation demand.

Vehicle EDR data records pre-impact speed, braking, and steering inputs. It must be preserved before the vehicle is repaired or totaled. If the at-fault driver’s insurer takes possession of the vehicle, the preservation demand goes to that insurer.

Cell phone records establish whether the driver was using a phone at the time of impact. Witness statements collected at the scene, before memories fade, can corroborate or contradict the driver’s account. Medical records from the emergency department document the mechanism of injury and initial findings. Together, this evidence package determines how the fault allocation and damages calculation develop.

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Texas Statute of Limitations for Pedestrian Accident Claims

Texas gives injured parties two years to file a personal injury lawsuit. Under CPRC Section 16.003(a), suit must be filed within two years of the date of the pedestrian accident. Missing this deadline eliminates the right to sue in Texas court. No amount of evidence or liability strength can revive a time-barred claim.

Tolling applies for minors under CPRC Section 16.001. A child struck as a pedestrian at age 10 has until age 20 to file. The tolling runs from the minor’s 18th birthday, not from the date of injury.

Wrongful death claims have the same two-year period, but it runs from the date of death under CPRC Section 16.003(b). If the pedestrian survived the initial crash but died from injuries weeks or months later, the clock starts at death, not at the date of the accident.

Government entity claims are on a different and much shorter timeline. A claim against the City of Longview or TxDOT for defective crosswalk infrastructure generally requires written notice of the claim within six months of the incident under Tex. Civ. Prac. & Rem. Code Section 101.101. The notice must describe the injury, when and where it happened, and what happened. A city’s own charter or ordinances can set a shorter notice deadline, so a claim against the City of Longview may need notice sooner than six months. Formal notice is not required if the government entity already actually knew that the pedestrian was injured or killed. Failure to provide that notice on time can bar the government entity claim entirely, even if the standard two-year window for other defendants is still open.

The two-year limitations clock runs regardless of any ongoing settlement negotiations with the insurer.

What Damages Are Available in a Texas Pedestrian Accident Claim?

Texas pedestrian accident claims can recover economic damages, non-economic damages, and in gross negligence cases, exemplary damages under CPRC Section 41.008.

Economic damages include past and future medical expenses, lost wages, loss of future earning capacity, rehabilitation costs, and assistive devices. Under CPRC Section 41.0105, recovery of medical expenses is limited to amounts actually paid or incurred. This is the Texas collateral source rule as modified by statute. If your health insurer negotiated a reduced rate, you generally cannot recover the full billed amount. Keep all billing records, Explanation of Benefits documents, and payment receipts. They define the recoverable amount.

Non-economic damages include physical pain and mental anguish, physical impairment, disfigurement, and loss of consortium. There is no cap on non-economic damages in standard pedestrian accident cases. The CPRC Chapter 74 medical malpractice caps do not apply to vehicle accident claims.

Exemplary damages

What Texas law calls punitive damages. Available under CPRC Section 41.008 on clear and convincing evidence of fraud, malice, or gross negligence. Capped at the greater of two times economic damages plus up to $750K in non-economic damages, or $200K.

Drunk driving with prior DWI convictions is a common exemplary damages argument in pedestrian cases.

Future damages require expert testimony. Life care planners, vocational rehabilitation experts, and economic experts quantify long-term loss of earning capacity and future medical costs. These experts are retained and paid on the contingency in most serious injury cases. View our case results for context on how these cases have resolved.

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Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.

Working With a Longview Pedestrian Accident Attorney

Trey Morris Injury Lawyers handles pedestrian accident cases in Longview, Gregg County, and across East Texas. The contingency fee structure means no fee is charged unless there is a recovery. There is no charge for an initial consultation.

Case investigation in pedestrian cases starts with the preservation demands. We aim to send those demands once we have an honest basis for them, because moving as fast as the law permits can decide whether key evidence survives. The demands ask for surveillance footage from Loop 281 and Eastman Road businesses, EDR data from the at-fault vehicle, and the police and TxDOT crash reports, which together show the driver’s speed and braking, where the pedestrian was crossing, and who had the right of way. Where liability is genuinely disputed, accident reconstruction experts document the impact point, vehicle speeds, and driver behavior.

Government entity claims require parallel action. The notice deadline described above runs at the same time as the standard two-year window for the claim against the driver. Missing it does not affect a claim against a private driver. If the driver was a government employee on the job, though, that claim is against the government body and needs the same notice.

If the at-fault driver’s insurer contacts you before you have spoken with an attorney, do not provide a recorded statement and do not accept an early settlement offer without reviewing it with counsel. Early offers in pedestrian cases routinely undervalue future medical expenses and non-economic damages. Once you accept and sign a release, the claim is closed.

Trey Morris Injury Lawyers is AV Preeminent rated by Martindale-Hubbell and listed in Super Lawyers. The firm has handled personal injury cases in East Texas for over 20 years. Learn more at about Trey Morris Injury Lawyers.