‍Published by Brooker Law, PLLC — Dallas, Texas | Pedestrian Accident Lawyers

Last Updated: November 19, 2025

TL;DR

Most Dallas pedestrian crashes aren’t accidents; they’re the result of predictable, preventable driver errors. Brooker Law, a Dallas-based wrongful death and catastrophic injury firm, explains the most common mistakes drivers make, why those errors lead to severe pedestrian harm, and how evidence like video, EDR data, and scene forensics prove negligence in Texas courts. Contact Brooker Law for a free, confidential consultation.

‍Most Pedestrian Crashes Are Driver Errors

Every week in Dallas, a family's loved one is hit while walking to a bus stop, crossing a street, or moving through a parking lot. And usually, the driver (or his or her insurance defense lawyer) attempts to make some version of the same, old tired excuses:

  • “I didn’t see them.”
  • “They came out of nowhere.”
  • “The light was yellow.”

But when our office pulls the video, downloads the EDR, and analyzes the scene, we find the same truth. The driver could have prevented the crash. Pedestrian injuries in Dallas are overwhelmingly caused by driver choices, not fate.

Here are the errors we see again and again and how we prove them in court.

1. Speeding and Failure to Control Speed

Speed is the defining factor in whether a pedestrian lives or dies. At 20 mph, a pedestrian has a strong chance of survival. At 40 mph, the odds collapse. On wide Dallas roads like Loop 12, Ledbetter, Buckner, and Hampton, speeding appears in almost every serious crash.

How we prove it:

  • EDR data (i.e., the vehicle's "black box") showing speed, acceleration, braking, and steering inputs seconds before impact.
  • Surveillance video measuring distance and time to calculate velocity.
  • Skid-mark length and stopping distance analysis.

When data shows the driver was going even 5–10 mph over the limit, juries understand the deadly consequences.

2. Distracted Driving

Phones are the new DUI, and distracted driving is an epidemic on Dallas roadways. Texting, scrolling, mapping apps, video streaming. All of it steals a driver’s eyes and mind from the road. In the time it takes to look down for a single text, a car traveling 40 mph moves over 60 feet, which is more than the width of many intersections.

How we prove it:

  • Subpoenaed phone records and metadata.
  • Audio/video from nearby businesses or DART buses.
  • EDR data showing no braking before impact.
  • Testimony from witnesses who saw a phone in hand.

When the evidence shows zero reaction before the collision, distraction becomes undeniable.

3. Failure to Yield

Dallas drivers turn right on red without stopping, roll through pedestrian crosswalks, or accelerate to beat the light. Texas law, however, is clear. Drivers must yield the right-of-way to pedestrians in marked crosswalks and must use due care anywhere people are walking.

How we prove it:

  • Traffic-signal timing data coordinated with video evidence.
  • Vehicle path reconstruction showing improper turning behavior.
  • Measurements showing the pedestrian was within the crosswalk at impact.

Your case doesn’t have to be perfect. If the driver could see the person and chose not to stop, they’re negligent.

4. Left-Hand Turn Errors

Left turns are one of the most dangerous maneuvers for pedestrians. Drivers looking for gaps in oncoming traffic fail to notice the person right in front of them. On Dallas roads with multiple lanes, sightlines are worse, and collisions are more severe.

How we prove it:

  • Video showing head position and gap judgment.
  • EDR data showing throttle acceleration into the turn.
  • Crash geometry indicating angle and point of impact.

Jurors immediately understand the responsibility drivers have during left turns and how often they violate it.

5. Poor Visibility

Most fatal pedestrian crashes happen after sunset, when glare, dark clothing, and poor lighting interact with driver inattention. But “I didn’t see them” is not a legal defense. Drivers must maintain a proper lookout and adjust speed based on conditions, including darkness, rain, or pedestrian activity.

How we prove it:

  • Illumination studies showing visibility at the crash location.
  • Vehicle damage patterns confirming impact direction and timing.
  • Testimony from other drivers or witnesses who did see the pedestrian.

When better drivers avoided the pedestrian, the negligent one remains accountable.

6. Impaired Driving

Alcohol and drug impairment continues to drive Dallas’s pedestrian fatality numbers. Fatigue — especially among commercial drivers — is equally dangerous.

How we prove it:

  • Toxicology reports and field-sobriety findings.
  • Hours-of-service data for commercial drivers.
  • EDR evidence of delayed braking or drifting.

In wrongful-death cases, impairment evidence is often the strongest basis for punitive damages.

What If the Driver Says It Was the Pedestrian’s Fault?

We hear it constantly. But Texas’s comparative fault law still allows recovery if the pedestrian was 50 percent or less responsible, and in most cases, the driver had the last clear chance to avoid the crash. With solid evidence, we turn blame-shifting into accountability.

How Brooker Law Builds These Cases

Our team:

  • Secures video and EDR data before it’s erased or overwritten.
  • Sends investigators to the scene immediately.
  • Works with recognized crash-reconstruction experts.
  • Subpoenas phone records and signal timing data.
  • Builds a clear, fact-based narrative for insurers, mediators, and juries.

Cases aren’t won by arguing. They’re won with the best evidence.

FAQ: Driver Errors in Dallas Pedestrian Cases

Is speeding enough to prove negligence?
Often, yes. Especially when paired with lack of braking or delayed reaction.

Can you still win if no video exists?
Absolutely. EDR and forensics can prove negligence even without camera footage.

What if the driver wasn’t ticketed?
Citations don’t control civil liability. We prove negligence independently.

Are commercial drivers held to a higher standard?
Yes. Employers may also be liable for training failures, fatigue, or unsafe scheduling, and generally, commercial drivers have had more training and therefore have more knowledge of the risks.

Contact Brooker Law

Brooker Law, PLLC represents victims and families in Dallas pedestrian accidents, driver-negligence, and wrongful-death cases across Texas. Our mission is to make Dallas safer by holding negligent drivers (and the companies behind them) fully accountable. Contact Brooker Law today for a free, confidential consultation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every case is unique. For advice about your specific situation, contact Brooker Law, PLLC.