Pedestrian Accident Lawyer in Texas

Serious Injury Attorneys for Pedestrians — Serving Houston, Dallas, Austin, San Antonio, and All of Texas

You were walking — to your car, across the street, on a sidewalk, in a parking lot — and a driver hit you. Now you’re in the hospital, or worse, a family member is. The driver’s insurance company is already preparing to argue you stepped out, you weren’t paying attention, you weren’t in a crosswalk, you were wearing dark clothes. None of those arguments end your case. Texas law gives pedestrians strong protections — including drivers’ affirmative duty under Texas Transportation Code § 552.008 to exercise due care to avoid pedestrians on the roadway, regardless of where the pedestrian is. We’ve recovered millions for Texas pedestrians struck by negligent drivers, and we know how to dismantle every blame-the-victim defense the insurance industry has built.

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• Top 100 Super Lawyers Houston (Thomson Reuters, 2020–2025)
• Multi-Million Dollar Advocates Forum (Lifetime Member)
• AV Preeminent Rated (Martindale-Hubbell)
• Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy

What’s Already Working Against You After a Texas Pedestrian Crash

Pedestrian accident claims start at a steep disadvantage. The driver had a vehicle, an insurance company, an adjuster, and lawyers. You had a body. By the time you’re searching for answers:

• The driver’s insurance adjuster is already framing the narrative as your fault. Pedestrian-blame is the default defense in nearly every Texas pedestrian claim, regardless of the circumstances.
• Crash scene evidence is disappearing. Skid marks, debris fields, and visibility conditions documented at the scene tell a different story than what shows up in a police report two days later.
• The police report may already say you were “outside the crosswalk” or “stepped out suddenly” — language that gets repeated for years even when video, witness statements, or physics contradict it.
• Surveillance and traffic camera footage is being overwritten within days at most retail and intersection cameras. The footage that proves what really happened often vanishes before victims even leave the hospital.
• Witnesses who saw the impact are scattering. By the time you get statements from them, memories are unreliable.
• The two-year statute of limitations clock is running — and claims against government entities (city sidewalks, malfunctioning signals, dangerous road design) have notice deadlines as short as six months.

The driver had insurance and lawyers from the moment they hit you. You need an advocate too — and you need one fast.

What Counts as a Pedestrian Accident Claim Under Texas Law

Texas applies the same negligence framework to pedestrian accidents as any other vehicle crash. Four elements must be proven:

1. Duty — Drivers owe pedestrians a duty of care under both general negligence law and specific statutes in Texas Transportation Code Chapter 552.
2. Breach — The driver failed to meet that duty (failure to yield at a crosswalk, distracted driving, speeding, DWI, failure to exercise due care under § 552.008).
3. Causation — That failure caused the impact and your injuries.
4. Damages — You suffered measurable harm — medical bills, lost wages, pain and suffering, or worse.

What makes pedestrian cases distinct is the statutory framework. Texas Transportation Code Chapter 552 creates specific, named duties drivers owe to pedestrians — and violations of those statutes can establish negligence per se, a legal doctrine that lets courts treat the violation itself as evidence of negligence. This is one of the most powerful tools available in Texas pedestrian cases, and it’s why a specialized attorney makes a meaningful difference.

Who Can Be Held Liable in a Texas Pedestrian Crash

• The driver who struck you
• The driver’s employer (when the driver was working at the time)
• Commercial trucking companies (if a commercial truck was involved)
• Rideshare companies (in some Uber and Lyft pedestrian cases)
• Government entities (for unsafe road design, missing crosswalks, malfunctioning signals, or failure to maintain pedestrian infrastructure)
• Private property owners (for unsafe parking lots, driveways, or commercial premises where the strike occurred)
• Vehicle manufacturers (in defective product cases involving brake or steering failures)
• Bars or restaurants that overserved an intoxicated driver (under Texas’s Dram Shop Act)

Common Texas Pedestrian Accident Cases We Handle

Most pedestrian crashes follow recognizable patterns. If your situation looks like one of these, you likely have a strong claim — even if the police report or insurance adjuster initially blamed you.

Crosswalk Crashes

Drivers who fail to yield to pedestrians in crosswalks violate Texas Transportation Code § 552.003 and create some of the clearest-liability pedestrian cases. Insurers often try to argue the pedestrian “stepped out suddenly” — but witness testimony, surveillance footage, and crosswalk timing usually disprove this.

Left-Turn and Right-Turn Crashes

Drivers turning across pedestrian paths frequently fail to look — or fail to see — pedestrians who have the right of way. These crashes happen most often at urban intersections in Houston, Dallas, Austin, and San Antonio, where heavy turn traffic intersects with walking infrastructure.

Backing-Up and Parking Lot Crashes

Drivers backing out of parking spaces or driveways strike pedestrians who are walking through the lot or behind the vehicle. Backup cameras and sensors haven’t eliminated these crashes — they’ve just made them more litigable when drivers ignore them.

Distracted-Driving Pedestrian Strikes

Texting, GPS use, infotainment screens, and phone calls drive an outsized share of pedestrian crashes. Phone records, in-car telematics, and cell tower data can often prove distraction at the moment of impact.

DWI and Impaired-Driver Pedestrian Strikes

Crashes involving drunk or impaired drivers open the door to punitive damages for gross negligence and may trigger Dram Shop liability against bars or restaurants that overserved the driver. Pedestrian strikes by impaired drivers are some of the highest-value cases in Texas personal injury law.

Hit-and-Run Pedestrian Crashes

When the at-fault driver flees, recovery typically depends on the pedestrian’s own uninsured motorist (UM) coverage — yes, your auto policy’s UM coverage extends to you when you’re walking. Police reports, surveillance footage, and witness accounts can sometimes identify the driver after the fact.

Crosswalk-Outside or “Mid-Block” Crashes

Even when a pedestrian was crossing outside a marked crosswalk, Texas Transportation Code § 552.008 still imposes a duty on drivers to exercise due care to avoid pedestrians on the roadway. Crossing outside a crosswalk shifts some comparative fault analysis but does not eliminate driver liability — especially when speed, distraction, or inattention contributed to the crash.

School Zone and Crossing Guard Crashes

Drivers speeding through school zones or ignoring crossing guards create some of the highest-profile pedestrian cases. Reduced school zone speed limits, flashing signage, and enhanced statutory penalties all make these strong-liability cases.

Sidewalk and Curb Strikes

Drivers who jump curbs — whether through loss of control, medical episodes, or impaired driving — and strike pedestrians on sidewalks face strict liability analysis. Pedestrians on sidewalks are essentially never at fault.

Construction Zone Pedestrian Crashes

Pedestrians directed through construction zones by inadequate or improperly placed signage and barriers have claims against both the at-fault driver and the construction contractor responsible for the unsafe traffic control plan.

Commercial Driveway and Loading Dock Crashes

Pedestrians struck in commercial driveways, by delivery vehicles, or in loading zones often have claims against both the driver and the property owner whose layout created the hazard.

Why Texas Pedestrian Cases Require a Specialized Attorney

Pedestrian cases involve specific statutory rights, anti-pedestrian bias, and government-defendant complications that generalist personal injury attorneys often miss.

Texas Transportation Code Chapter 552 — The Pedestrian Statutes

Chapter 552 of the Texas Transportation Code creates a framework of specific driver duties and pedestrian rights. The most important sections in pedestrian crash litigation:

• § 552.002 — Pedestrian Right-of-Way at Signal. Drivers must yield to pedestrians crossing with a “Walk” signal.
• § 552.003 — Pedestrian Right-of-Way at Crosswalk. Drivers must stop and yield to pedestrians in marked or unmarked crosswalks at intersections when no signal is in operation.
• § 552.005 — Crossing Outside Crosswalks. Pedestrians crossing outside crosswalks must yield to vehicles, but this section does not eliminate the driver’s duty under § 552.008.
• § 552.008 — Drivers to Exercise Due Care. “Notwithstanding another provision of this chapter,” drivers must exercise due care to avoid colliding with pedestrians, give warning by horn when necessary, and exercise proper precaution when observing children or confused/incapacitated persons. This is the most important pedestrian-protective statute in Texas law — it imposes a duty on drivers regardless of where the pedestrian was.
• § 552.010 — Blind Pedestrians. Drivers must yield right-of-way to blind pedestrians carrying white canes or accompanied by guide dogs, with enhanced penalties for violations.

Negligence Per Se for Statutory Violations

Under Texas law, when a defendant violates a statute designed to protect a class of persons (pedestrians) from the type of harm that occurred (being struck by a vehicle), courts can apply negligence per se — meaning the violation itself is evidence of negligence. This shifts the litigation framework dramatically in the pedestrian’s favor and is one of the most powerful tools in Texas pedestrian litigation.

Texas Modified Comparative Fault (§ 33.001)

Texas’s modified comparative fault rule lets you recover as long as you’re 50% or less at fault. Insurers exploit this rule against pedestrians more aggressively than against most claimant types — pushing 30%, 40%, or even 51% of fault onto pedestrians by leaning on stereotypes about jaywalking, distraction, or “stepping out.” Defending against fault-shifting is one of the most important things a pedestrian accident attorney does.

The Texas Stowers Doctrine

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — gives Texas plaintiffs a powerful tool. When the at-fault driver’s insurer unreasonably refuses to settle a clear-liability claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy. Pedestrian injuries are catastrophic, and insurance limits are routinely exceeded — making strategic Stowers demands a critical settlement tool.

UM/UIM Coverage for Pedestrians

Most Texas drivers don’t realize that uninsured/underinsured motorist (UM/UIM) coverage on their auto policy extends to them as pedestrians when they’re struck by an uninsured or underinsured driver. Your own UM/UIM is often the largest available recovery source in pedestrian cases involving fleeing or uninsured drivers.

Government Entity Claims and the Texas Tort Claims Act

When a city, county, or state agency contributed to the crash (unsafe crosswalk design, missing signage, malfunctioning signal, dangerous road condition), claims against government entities are governed by the Texas Tort Claims Act. These claims involve shorter notice deadlines — sometimes as short as six months — damage caps, and immunity defenses. Missing the notice deadline ends the case.

The Two-Year Statute of Limitations (§ 16.003)

Texas gives you two years from the date of the crash to file a personal injury or wrongful death lawsuit. Government claims have shorter notice deadlines that run separately.

How Insurance Companies Defeat Valid Pedestrian Claims

Insurance companies have spent decades perfecting blame-the-pedestrian narratives. Recognizing the tactics is half the defense.

Tactics That Cost Pedestrian Victims Their Cases

• The “you stepped out” claim. Even when the pedestrian was clearly in a crosswalk with the right of way, adjusters argue the pedestrian moved suddenly and unpredictably. Witness testimony, surveillance footage, and impact analysis usually disprove this.
• The “wearing dark clothes” defense. Particularly common in nighttime pedestrian crashes, this argument blames the pedestrian for not being visible enough — ignoring that the driver had headlights, mirrors, and a duty of due care under § 552.008.
• The “outside the crosswalk” attack. Even in genuinely outside-crosswalk cases, this fact does not eliminate driver liability. § 552.008 imposes a parallel duty regardless of pedestrian location.
• The “distracted by phone” smear. Pedestrian cell phone use is irrelevant in most cases — the question is whether the driver met their statutory duty, not whether the pedestrian was looking at a phone.
• The selective police report reliance. Insurers cite police reports when they favor the driver and dispute them when they don’t. Police reports are not infallible — and when they wrongly characterize pedestrian behavior, they have to be challenged with evidence.
• Surveillance and social media monitoring. Insurance investigators routinely surveil pedestrian victims for months, looking for any evidence to dispute injury severity.
• Lowball “fast settlement” offers. Made before the victim has reached maximum medical improvement, sometimes before they’ve left the hospital. Pedestrian injuries are often progressive — TBIs, internal injuries, and complex orthopedic damage all evolve over weeks and months.
• Aggressive comparative fault attacks. Adjusters push 30%, 40%, or 51% of fault onto pedestrians as a settlement-reduction tactic. Most of these attacks collapse under proper investigation.

Mistakes That Sink Otherwise Strong Pedestrian Cases

• Talking to the driver’s insurance adjuster before consulting an attorney
• Giving a recorded statement that gets edited or excerpted out of context
• Signing a blanket medical authorization that gives the defense access to your full medical history
• Posting on social media — even unrelated content — while a claim is pending
• Skipping or delaying medical care because injuries seem minor at first
• Failing to preserve clothing, shoes, or other physical evidence that may show impact dynamics
• Waiting too long to call an attorney while surveillance and traffic camera footage gets overwritten
• Missing the government entity notice deadline when a city or state was potentially liable

How Our Texas Pedestrian Accident Attorneys Build Your Case

A serious pedestrian case is built — not filed. Here’s what we do, often within days of being retained.

• Immediate scene investigation. Investigators document road conditions, sight lines, lighting, signage, signal timing, crosswalk markings, and any physical evidence before it’s altered or removed.
• Surveillance and traffic camera recovery. We send preservation letters to nearby businesses, residential buildings, and city traffic departments to lock down camera footage before it’s overwritten.
• Witness identification and statements. Witnesses who left the scene before police arrived often have the most accurate version of events. We track them down before memories fade.
• Driver phone records and EDR data. When distracted driving is suspected, we subpoena phone records and pull data from the vehicle’s event data recorder (EDR) showing speed, braking, and steering input at impact.
• Accident reconstruction. When the defense disputes how the crash happened, certified accident reconstructionists analyze impact physics, throw distances, skid marks, and damage patterns to establish what actually occurred.
• Negligence per se framing. We build the case around the specific statutory violations under Chapter 552 — establishing the strongest possible legal framework before settlement negotiations begin.
• Government entity claim preservation. When a city, county, or state agency may share liability, we send statutory notice within applicable deadlines (sometimes as short as six months) to preserve those claims.
• Multi-defendant liability mapping. We identify every potentially liable party — driver, employer, vehicle owner, property owner, government entity, contractor — before filing suit.
• Damages workup with life-care planners. Catastrophic pedestrian injury cases require projections of lifetime medical costs, lost earning capacity, custodial care, and home modifications.
• Strategic Stowers demands. When liability is clear and injuries exceed policy limits, we send Stowers demand letters that force insurers to settle within limits or face exposure for the full judgment.
• Trial-ready preparation. The strongest pedestrian settlements come from cases the defense knows it cannot win at trial. We build every case as if it’s going to a jury.

What Is My Texas Pedestrian Accident Case Worth?

Pedestrian accident cases tend to be worth significantly more than ordinary car accident cases because the injuries are usually catastrophic. Pedestrians absorb collision forces directly — there’s no vehicle, no airbag, no seatbelt. That said, value depends on the severity of the injury, the strength of the evidence, the available insurance, and the long-term cost of care.

Common Injuries in Texas Pedestrian Accident Cases

• Traumatic brain injuries (TBI) — including severe, often permanent damage from direct head impact
• Spinal cord injuries and paralysis
• Complex orthopedic fractures (often pelvis, femur, tibia)
• Internal organ damage and internal bleeding
• Severe lacerations and degloving injuries
• Amputations and crush injuries
• Permanent nerve damage
• Multi-system trauma requiring extended ICU care
• Disfigurement and scarring
• Post-traumatic stress disorder (PTSD)
• Catastrophic injuries requiring lifetime care
• Fatal injuries (wrongful death claims)

Recoverable Compensation in Texas Pedestrian Cases

Economic Damages (No Cap)

• Past and future medical expenses (often the largest category)
• Past and future lost wages
• Loss of earning capacity
• Rehabilitation, therapy, and assistive equipment
• Custodial and long-term care costs
• Home modifications and accessibility adaptations
• Out-of-pocket expenses related to the crash

Non-Economic Damages

• Physical pain and suffering
• Mental anguish and emotional distress (including PTSD)
• Disfigurement and physical impairment
• Loss of enjoyment of life
• Loss of consortium

Punitive (Exemplary) Damages

Available in cases of gross negligence — drunk driving, hit-and-run, deliberate reckless driving in pedestrian areas, or willful disregard for pedestrian safety. Subject to caps under Texas Civil Practice & Remedies Code § 41.008.

What People Worry About Before Calling a Pedestrian Accident Lawyer

“The driver’s insurance company is saying I was at fault.”

That’s their default position in nearly every pedestrian case — regardless of the facts. Don’t accept it. Texas law gives pedestrians strong statutory protections, and most “pedestrian was at fault” claims collapse under proper investigation. Until physical evidence and witness testimony are reviewed by an attorney, no fault determination is final.

“I wasn’t in a crosswalk when I was hit. Do I still have a case?”

Probably yes. Texas Transportation Code § 552.008 imposes a duty on drivers to exercise due care to avoid pedestrians on the roadway, regardless of where the pedestrian was. Crossing outside a crosswalk shifts comparative fault analysis but does not eliminate driver liability — especially when the driver was speeding, distracted, or impaired.

“The police report blames me.”

Police reports are not the final word. Officers on scene get incomplete information, often arrive after evidence has shifted, and sometimes default to assumptions about pedestrian behavior. We’ve handled cases where the initial police report was wrong and physical evidence proved it.

“I can’t afford a lawyer.”

You don’t pay anything unless we win. Pedestrian accident cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover, you owe us nothing.

“What if the at-fault driver doesn’t have insurance?”

You may still recover through your own uninsured motorist (UM) coverage on your auto policy — yes, your auto UM/UIM coverage extends to you as a pedestrian. We also evaluate whether the driver’s employer, vehicle owner, or another responsible party can be pursued.

“How long will my case take?”

Most Texas pedestrian accident cases resolve in 12 to 24 months. Catastrophic injury and wrongful death cases often take longer because damages projections require extended medical treatment and life-care planning. We give you a realistic timeline at the consultation, not a sales pitch.

“What if my loved one was killed?”

Texas’s wrongful death statute allows surviving spouses, children, and parents to recover for the death of a loved one caused by another’s negligence. Pedestrian wrongful death cases routinely produce among the highest recoveries in Texas personal injury law.

“Do I have to go to court?”

Most pedestrian accident cases settle before trial. Filing suit is often what triggers a fair settlement offer. We prepare every case as if it’s going to a jury — that’s exactly what motivates strong settlements.

“Do you only handle cases in Houston?”

No. We represent injured Texans statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.

Frequently Asked Questions

Who is at fault in a Texas pedestrian accident?

Fault depends on the facts of the crash and the specific Texas statutes that apply. Drivers owe pedestrians a duty of care under Texas Transportation Code Chapter 552, including the affirmative duty under § 552.008 to exercise due care to avoid pedestrians on the roadway. Even when a pedestrian was crossing outside a crosswalk, the driver may still be liable. Most “pedestrian was at fault” insurance claims do not survive proper investigation.

What if I wasn’t in a crosswalk when I was hit?

You may still have a strong claim. Texas Transportation Code § 552.008 imposes a duty on drivers to exercise due care to avoid colliding with pedestrians regardless of where the pedestrian is on the roadway. Crossing outside a crosswalk affects comparative fault analysis but does not automatically bar recovery — especially when the driver was speeding, distracted, or impaired.

How long do I have to file a Texas pedestrian accident lawsuit?

Texas’s two-year statute of limitations applies to pedestrian accident personal injury and wrongful death claims under Texas Civil Practice & Remedies Code § 16.003. Claims against government entities (cities, counties, or state agencies for unsafe road conditions or signal failures) have shorter notice deadlines, sometimes as short as six months. Acting quickly preserves evidence and protects all your potential claims.

What is “negligence per se” and how does it help my pedestrian case?

Negligence per se is a legal doctrine that lets courts treat a statutory violation as evidence of negligence. When a driver violates a Texas Transportation Code section designed to protect pedestrians (such as § 552.003 on crosswalk right-of-way or § 552.008 on duty of due care), and that violation causes the pedestrian’s injury, the violation itself can establish the breach element of the negligence claim. This shifts the litigation in the pedestrian’s favor.

What if I was partially at fault for the pedestrian crash?

Under Texas’s modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001), you can still recover compensation as long as you were 50% or less at fault. Your recovery is reduced by your percentage of fault — so if you were 20% at fault on a $200,000 case, you’d recover $160,000. If you’re 51% or more at fault, you cannot recover.

Does my own car insurance cover me as a pedestrian?

It can. Most Texas auto insurance policies’ uninsured/underinsured motorist (UM/UIM) coverage extends to the policyholder when they’re struck as a pedestrian by an uninsured, underinsured, or hit-and-run driver. Personal injury protection (PIP) coverage on your auto policy may also apply. This is one of the most overlooked recovery sources in pedestrian cases.

How much is a Texas pedestrian accident case worth?

Pedestrian accident case value depends on injury severity, total medical costs (past and future), lost wages and earning capacity, the strength of the evidence, available insurance limits, and whether punitive damages apply. Because pedestrian injuries tend to be catastrophic — TBI, spinal cord, multi-system trauma — case values often reach into the hundreds of thousands or millions.

Can I sue the city or government entity if road conditions caused my crash?

Possibly. The Texas Tort Claims Act allows certain claims against government entities for negligent road design, missing signage, malfunctioning signals, or failure to maintain pedestrian infrastructure. These claims involve shorter notice deadlines (sometimes as short as six months), damage caps, and immunity defenses, so acting quickly is essential.

Should I give a recorded statement to the driver’s insurance company?

No. You are not required to give a recorded statement, and doing so almost always hurts pedestrian accident claims. Adjusters are trained to ask questions designed to elicit answers they can use to argue you were at fault, distracted, or partially responsible. Let your attorney handle all communication with the driver’s insurer.

What is a Stowers demand and why does it matter?

A Stowers demand is a formal settlement offer made within the at-fault driver’s insurance policy limits. Under Texas’s Stowers Doctrine, if the insurer unreasonably refuses a Stowers demand and the case results in a judgment exceeding policy limits, the insurer can be held liable for the entire amount — not just the policy limit. Stowers demands are particularly powerful in serious pedestrian cases where injuries clearly exceed minimum policy limits.

Don’t Let an Insurance Adjuster Decide Your Case

The driver’s insurance company is already framing your pedestrian crash as your fault. Every day you wait, evidence disappears — surveillance footage gets overwritten, witnesses scatter, scene conditions change, and the two-year statute of limitations keeps running. Government entity claims have even shorter deadlines.

We offer 100% free, confidential case reviews for pedestrian accident victims across Texas. We work on contingency, so you pay nothing unless we win.

CALL: 713-352-7975

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We’ll listen to what happened. We’ll tell you honestly whether you have a case. If you do, we’ll explain your options and the strategy we’d use to fight for you — anywhere in Texas.

Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.