Pedestrian Accident Lawyer in Texas

Pedestrians have no protection when a vehicle hits them. In 2025, 695 pedestrians were killed in Texas traffic crashes (TxDOT 2025 crash statistics). Survivors often face serious injuries such as fractures, brain injuries and spinal injuries.

Hit by a car while walking?

Call now for a free consultation. You owe no attorney’s fee or case costs unless we recover for you.

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Texas Right-of-Way Rules for Pedestrians

At a crosswalk with no working traffic signal, a driver must stop and yield to a pedestrian in the crosswalk on the driver’s half of the road, or approaching closely from the other half (Texas Transportation Code §552.003).
A pedestrian crossing outside a crosswalk must generally yield to vehicles (§552.005), but drivers still must use due care to avoid hitting pedestrians.
A driver who, with criminal negligence, injures a pedestrian or cyclist within a crosswalk area commits an offense (§545.428).

Even if a pedestrian was not in a crosswalk, the driver may still be fully or partly responsible. Texas reduces damages by the injured person’s share of fault and bars recovery only if that share is more than 50 percent.

Common Causes of Pedestrian Accidents

Drivers failing to yield at crosswalks and intersections
Distracted driving and speeding
Drivers turning right on red without looking
Backing out of driveways and parking lots
Poor lighting and missing sidewalks
Drunk driving

Insurance for Injured Pedestrians

Your claim is usually made against the driver’s liability insurance. If the driver had little or no insurance, or fled the scene, your own auto policy’s personal injury protection and uninsured/underinsured motorist coverage may still apply, even though you were walking.

Pedestrian Accident FAQ

How long do I have to file a claim in Texas?

Usually two years from the date of the injury (Civil Practice and Remedies Code §16.003). For an injured child, the two years generally do not begin to run until the child turns 18 (§16.001), but evidence should be preserved right away. Claims against government entities require written notice much sooner.

What if the driver left the scene?

Call the police right away and get a report. Your own uninsured motorist coverage may help, depending on your policy.

Can I recover if I was jaywalking?

Possibly. Fault is shared under Texas law, and the driver may still be mostly responsible.

Talk to our attorney about a pedestrian accident