Fatal Pedestrian Accident: What to Do Next
Why Fatal Pedestrian Accidents Demand Immediate Attention
Fatal pedestrian accidents are one of the most devastating — and preventable — tragedies on American roads today. If you or a loved one has been affected, here is what you need to know right away:
Quick Facts at a Glance:
- In 2023, 7,314 pedestrians were killed in U.S. traffic crashes — one death every 72 minutes
- Pedestrian deaths account for 18% of all traffic fatalities
- 84% of fatalities occur in urban areas, and 77% happen in the dark
- 46% of fatal pedestrian crashes involve alcohol (driver and/or pedestrian)
- 24% of pedestrians killed were struck by hit-and-run drivers
- In Texas alone, 800 pedestrians were killed in 2023 — roughly 1 in 5 nationwide
- Houston recorded 98 pedestrian fatalities in 2023, a rate of 4.23 per 100,000 residents
These numbers are not just statistics. Behind each one is a family left with unanswered questions, mounting bills, and a legal system they were never prepared to navigate.
Consider this: On a Thursday morning in Scarborough, a 74-year-old woman was struck and killed while crossing the road. In Liliha, Hawaii, a 93-year-old woman was hit in a marked crosswalk — with the walk signal active. In Arlington, Texas, a 76-year-old man died after being struck by a construction truck in the dark while crossing outside a designated crosswalk. Each of these tragedies unfolded in seconds. The legal and emotional aftermath lasted far longer.
Whether you are a surviving family member seeking justice, a witness trying to understand what happened, or simply someone who wants to know their rights — this guide is written for you.
Key Takeaways
- Fatal pedestrian crashes are rising and often preventable: With 7,314 deaths in 2023 and one occurring every 72 minutes, these incidents highlight a systemic safety problem, not isolated events.
- Most fatalities follow clear risk patterns: The majority occur at night, in urban areas, and outside intersections, often involving speed, alcohol, or large vehicles—conditions that sharply increase fatal outcomes.
- Texas and Houston face higher-than-average risk: Local data shows elevated fatality rates, which makes awareness, legal protection, and early action critical after a crash.
- Early investigation can protect a wrongful death claim: Evidence disappears quickly, so securing reports, witness statements, and vehicle data early can directly impact liability and compensation.
- Prevention depends on both behavior and infrastructure: Safer outcomes require driver awareness, pedestrian visibility, and improved road design—reducing speed and improving lighting can save lives.
I’m Brian Nguyen, Managing Partner of Universal Law Group and a former Assistant District Attorney with years of experience handling personal injury and wrongful death cases, including those involving fatal pedestrian accidents. My background in both prosecution and civil litigation gives me a unique vantage point when building cases for families who deserve answers and accountability.
National and Texas Statistics: The Scope of the Crisis
When we look at the data, it is clear that we are facing a public health crisis on our streets. According to the NHTSA 2023 Traffic Safety Data, while overall traffic fatalities saw a slight dip, the danger for those on foot remains alarmingly high. In 2023, 7,314 pedestrians lost their lives. To put that in perspective, that is roughly one person every 72 minutes.
For us here in Texas, the numbers are even more sobering. Texas saw 800 pedestrian fatalities in 2023, accounting for 18.6% of the state’s total traffic deaths. Houston, in particular, remains one of the most dangerous cities for walkers. With 98 deaths in a single year, our city’s fatality rate of 4.23 per 100,000 people significantly outpaces the national average.
| Location | Fatalities (2023) | Rate per 100k Population |
|---|---|---|
| United States | 7,314 | 2.18 |
| Texas | 800 | 2.62 |
| Houston | 98 | 4.23 |
This disparity is why understanding More info about car accident legalities is so critical for Houstonians. Our roads are designed for speed, often at the expense of human life.
Regional Trends and State Rankings
While Texas is a major contributor to these numbers, it isn’t alone. California leads the nation in raw numbers, with over 1,100 pedestrian deaths in 2023. However, when you look at fatality rates, states like New Mexico, South Carolina, and Mississippi often top the charts.
Even in places known for a slower pace of life, like Oahu, Hawaii, the trends are concerning. By early 2026, Oahu had already matched its previous year’s fatality count, including high-profile incidents in urban neighborhoods like Liliha. Closer to home, we see frequent tragedies on major arteries like Loop 610 in Houston, where high speeds and limited pedestrian infrastructure create a deadly mix. Tools like the WISQARS injury tracking system help us monitor these trends, but the data consistently points to the same conclusion: our infrastructure is failing our most vulnerable road users.
The Rise of Nighttime Fatalities
Perhaps the most startling trend in recent years is the “darkness factor.” Roughly 77% of all fatal pedestrian accidents occur after the sun goes down. Since 2009, there has been a sharp rise in nighttime pedestrian deaths, with the number of pedestrians killed per million residents nearly doubling.
Why is this happening? It’s a combination of factors:
- Visibility: Drivers simply cannot see pedestrians in dark clothing until it is too late.
- Speed Misjudgment: Pedestrians often misjudge how fast a car is approaching because they can only see the headlamps, not the vehicle’s body.
- Infrastructure: Many urban roads, especially in Houston, lack adequate street lighting.
Common Factors in a Fatal Pedestrian Accident
Most people assume these accidents happen at busy downtown intersections. The reality is quite different. Data shows that 84% of fatalities occur in urban areas, but 74% happen at non-intersections. This means people are being struck while crossing mid-block, often because there isn’t a safe crosswalk for half a mile in either direction.
Single-vehicle crashes are responsible for 89% of these deaths, and in the vast majority of cases (85%), the initial impact is with the front of the vehicle. Most disturbingly, nearly 1 in 4 of these incidents are hit-and-runs. When a driver flees the scene, it not only delays life-saving medical care but also complicates the legal path to justice for the family. Understanding these Pedestrian safety risk factors is the first step in prevention.
What are the primary causes of a fatal pedestrian accident?
If we had to name the “Big Three” killers on the road, they would be alcohol, speed, and vehicle size.
- Alcohol Involvement: In 46% of fatal crashes, alcohol is a factor for either the driver or the pedestrian. Surprisingly, pedestrians are actually more likely to be impaired than drivers in these scenarios, with 30% of killed pedestrians having a BAC of .08 or higher.
- Speed: A pedestrian struck at 20 mph has a 90% chance of survival. At 40 mph, that chance drops to 50%. On many Houston roads where the limit is 45-55 mph, a collision is almost certainly fatal.
- Vehicle Size: The rise of SUVs and large trucks has made accidents deadlier. Because of their high front-end profile, an SUV is more likely to strike a pedestrian in the chest or head rather than the legs, and the weight of the vehicle increases the force of impact significantly. This is a major factor in More info about truck accident liability.
Environmental and Roadway Conditions
Road design plays a massive role in whether an accident occurs. In the Liliha case in Hawaii, a 93-year-old was killed because a driver was turning left out of a driveway into a crosswalk. In Arlington, a 76-year-old was struck by a construction truck in an area with poor lighting.
Houston sees this frequently on Highway 6 and Loop 610. These are “stroads”—roads that try to be both a street (with businesses and driveways) and a road (high-speed transit). This design conflict is a recipe for disaster. When you add rain, fog, or unlit stretches of pavement, the margin for error disappears.
Vulnerable Populations and High-Risk Demographics
Not everyone faces the same level of risk. The data shows clear disparities in who is being killed on our roads. For instance, 70% of pedestrians killed are male. We also see significant racial disparities; American Indian/Alaska Native and Black pedestrians die at much higher rates than other groups, often due to a lack of safe infrastructure in their neighborhoods.
Risks Facing Older Adults
Our seniors are at extreme risk. While adults ages 65 and older make up about 17-19% of the population, they account for 22% of all pedestrian deaths.
Think about the victims we’ve mentioned:
- A 93-year-old in Liliha.
- A 76-year-old in Arlington.
- A 74-year-old in Scarborough.
As we age, our reaction times slow, and our mobility may decrease. A walk signal that lasts 15 seconds might be plenty for a teenager but impossible for someone with a walker. When a fatal pedestrian accident involves a senior, it is often because the environment was never designed for someone moving at their pace.
Socioeconomic and Geographic Disparities
Geography is destiny when it comes to road safety. Most deaths occur on high-capacity urban roads with speed limits between 45 and 55 mph. These roads are often lined with commercial retail—grocery stores, pharmacies, and bus stops—forcing people to walk in environments designed solely for cars.
The World Health Organization pedestrian safety manual emphasizes that “road traffic injuries are not ‘accidents.’ They are preventable.” Yet, in many lower-income areas of Houston, sidewalks are non-existent, and streetlights are few and far between.
When a fatal pedestrian accident occurs, the immediate aftermath is a whirlwind of police tape and flashing lights. But once the scene is cleared, the real work begins.
Investigations into these crashes are complex. Because the pedestrian is often unable to give their side of the story, we have to rely on “silent witnesses.” This includes:
- Dashcam Footage: From the vehicle involved or nearby cars.
- Witness Statements: People who saw the lead-up to the crash.
- Phone Records: We often subpoena these to see if the driver was texting or distracted at the time of impact.
- Black Box Data: Most modern vehicles record speed and braking patterns in the seconds before a crash.
If you are a family member, this is where More info about wrongful death lawsuits becomes vital. You need someone who knows how to preserve this evidence before it disappears.
Ongoing Investigations and Outcomes
Not every fatal accident results in criminal charges. In the Arlington case (Report #2025-03040100), the driver was not charged because they remained at the scene, cooperated, and the pedestrian was crossing outside a crosswalk in the dark. However, a lack of criminal charges does not mean there isn’t civil liability.
In other cases, like the Houston METRO bus crash, the investigation might reveal systemic issues with driver training or vehicle maintenance. Whether it’s a private vehicle or a city bus, the goal of an investigation is to find the “why” so that the “who” can be held accountable.
Establishing Liability and Negligence
To win a wrongful death claim, we must prove negligence. This means showing that the driver breached their “duty of care.” Common examples include:
- Distracted Driving: Which killed over 3,300 people in 2022 according to NHTSA distracted driving data.
- Speeding: Even going 5 mph over the limit can be the difference between life and death.
- Failure to Yield: Even if a pedestrian is jaywalking, drivers have a legal duty to avoid hitting them if possible.
Prevention Strategies and the Safe System Approach
We cannot simply tell people to “walk safer” and expect the numbers to change. We need a fundamental shift in how we design our cities. This is known as the The Safe System Approach.
The Safe System approach accepts that humans make mistakes. Therefore, the road system should be designed to ensure those mistakes aren’t fatal. This includes:
- Redundancy: If a driver is distracted, a rumble strip or a raised crosswalk should alert them.
- Shared Responsibility: Road designers, vehicle manufacturers, and drivers all share the burden of safety.
How to prevent a fatal pedestrian accident through urban design?
Groups like the Vision Zero Network and the FHWA Pedestrian and Bicycle Safety division advocate for proven infrastructure changes:
- Lane Narrowing: Naturally slows drivers down.
- Leading Pedestrian Intervals: Giving walkers a 3-5 second head start before cars get a green light.
- Pedestrian Refuges: Islands in the middle of wide roads so people only have to cross one direction of traffic at a time.
Safety Recommendations for Drivers and Pedestrians
While we wait for better roads, there are steps we can all take today.
- For Pedestrians: Wear reflective materials at night. Always walk facing traffic if there is no sidewalk. Make eye contact with drivers before stepping into the street—don’t assume they see you just because you see them.
- For Drivers: Put the phone away. Slow down in residential and commercial areas. Expect the unexpected, especially near bus stops or schools. The National Center for Safe Routes to School provides excellent resources for keeping our youngest walkers safe.
Frequently Asked Questions
What are the legal rights of families after a fatal pedestrian accident?
Families may be entitled to compensation for funeral expenses, lost future income, loss of companionship, and the pain and suffering the victim endured before passing. In Texas, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased.
How does alcohol involvement affect a wrongful death claim?
If the driver was impaired, it significantly strengthens a negligence claim and may even allow for “punitive damages”—money meant to punish the driver for especially reckless behavior. If the pedestrian was impaired, the insurance company will try to use “comparative negligence” to reduce the payout, but it doesn’t necessarily bar the family from recovering damages.
Why are SUVs considered more dangerous in pedestrian collisions?
SUVs are heavier and have a higher “strike zone.” Instead of hitting a pedestrian’s legs (which often allows the person to be thrown over the hood), an SUV hits the torso or head and is more likely to knock the person under the wheels.
Protecting Your Family After a Fatal Pedestrian Crash
At Universal Law Group, we know that no amount of money can bring back a loved one. However, holding a negligent driver or a city department accountable can provide the financial security your family needs to move forward and, more importantly, can force changes that prevent the next tragedy.
As a former prosecutor, I’ve seen these cases from both sides. We pride ourselves on offering personalized, efficient, and responsive service to the Houston community. We don’t just process files; we fight for families. If you are dealing with the aftermath of a fatal pedestrian accident, don’t navigate this alone. Contact a personal injury lawyer in Houston today for a free consultation, and let us help you find the path to justice.
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