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If a driver hit you while you were walking, Texas law may allow you to pursue compensation for your injuries. Right now, you may be in pain, missing work, and replaying the moment again and again. You may also be wondering whether crossing outside a crosswalk or walking at night means you caused the crash.
Those worries are understandable, but evidence, not an insurance adjuster's first impression, determines fault. A Texas pedestrian accident lawyer at The Texas Chongo Personal Injury Lawyers can investigate what happened, handle the insurers, and build your claim while you heal. Call (972) 529-3476 for a free case evaluation in English or Spanish.
Pedestrian claims often involve disputed fault and serious injuries, so trial experience matters. Our founding attorney's credentials include:
From our Irving office, we represent people hurt while walking anywhere in Texas. Past results do not guarantee a similar outcome in your case.
If you feel shaken by what happened, you are far from alone. According to TxDOT's 2025 Texas Motor Vehicle Traffic Crash Facts, 695 pedestrians were killed on Texas roads in 2025, a 10.09 percent decrease from 2024.
TxDOT's pedestrian safety campaign reports that pedestrians are involved in only 1 percent of Texas crashes but account for 19 percent of roadway deaths. Its 2024 figures include 6,095 pedestrian crashes and 1,455 seriously injured pedestrians.
An October 2025 TxDOT safety release adds that pedestrian crashes and deaths typically peak in October, with most happening at night. In October 2024 alone, 89 people were killed while walking on Texas roads, and 143 more were seriously injured.
Many injured pedestrians assume they lost their rights the moment they stepped into the street. Chapter 552 of the Texas Transportation Code is more balanced, setting duties for both drivers and pedestrians.
Drivers must stop and yield to pedestrians in several common situations:
Under Section 552.005, a person crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Between two intersections with working signals, pedestrians may cross only in a marked crosswalk.
Section 552.006 also bars walking in the roadway when an accessible sidewalk runs alongside it. Where no sidewalk exists, pedestrians should walk facing oncoming traffic unless that side is obstructed or unsafe. Breaking one of these rules can reduce a claim, but it does not automatically end one.
Texas asks drivers to take extra care around the most vulnerable people. Section 552.008 requires every driver to use due care to avoid hitting a pedestrian and to sound the horn when necessary. It also calls for proper precaution when a driver sees a child or an obviously confused or incapacitated person on the road.
Under Section 552.010, a driver approaching an intersection or crosswalk where someone using a white cane or assistance animal is crossing must take necessary precautions. That includes a full stop if stopping is the only way to avoid injury or danger. Section 545.066 also requires drivers to stop for a school bus loading or unloading students with its visual signal on.
No average figure fits every pedestrian case, and any honest answer starts with your facts. Value often depends on:
Your own car insurance may help even though you were on foot. Under Section 1952.151 of the Texas Insurance Code, personal injury protection (PIP) pays the named insured and household members for reasonable accident-related expenses. Covered expenses can include medical care, lost income, and certain household services incurred within 3 years of the accident.
Section 1952.155 makes these benefits payable regardless of fault, and Section 1952.153 does not require insurers to provide more than $2,500 per person. Whether PIP applies to you as a pedestrian depends on your policy's terms.
A claim may include compensation for financial and personal losses.
Economic damages cover losses with a dollar amount attached, such as:
Non-economic damages cover harm that does not come with a receipt, such as:
Being told you share the blame can feel like a second injury. However, an adjuster's opinion is not a legal finding of fault.
Under Section 33.001 of the Texas Civil Practice and Remedies Code, an injured person cannot recover damages if their percentage of responsibility is greater than 50 percent. If your share is 50 percent or less, Section 33.012 reduces your damages by that percentage. For example, if a pedestrian is found 30 percent responsible for crossing mid-block, the driver's damages are reduced by 30 percent.
Crossing outside a crosswalk also does not erase the driver's duties. Section 552.008 applies notwithstanding the rest of Chapter 552, so drivers must still use due care to avoid hitting a pedestrian.
Evidence in a pedestrian case can disappear within days. When you hire a pedestrian accident lawyer in Texas, our team typically:
We explain each step in English or Spanish.
The same TxDOT campaign lists the top contributing factors in Texas pedestrian crashes as:
TxDOT also urges drivers to yield when turning. It warns that large SUVs and pickup trucks have big front blind spots that can make pedestrians hard to see.
Proving negligence usually means showing that the driver owed you a duty of care, broke it, and caused your injuries. In City of Houston v. Manning, decided in 2025, the Supreme Court of Texas described negligence per se as a form of negligence in which the breach of duty is shown by proving a statutory or regulatory violation.
That principle matters when a driver ignores a Walk signal or fails to stop and yield at a crosswalk. Helpful evidence often includes:
In Manning, the Court held that the Texas Tort Claims Act's waiver of immunity reached a negligence per se claim against a city whose fire truck caused a crash.
Broken signals follow different rules. Under Section 101.060 of the Texas Civil Practice and Remedies Code, the Act generally does not cover claims about a missing or malfunctioning traffic sign or signal. The exception is when the responsible government failed to correct the problem within a reasonable time after notice.
In most pedestrian injury cases, you have 2 years to file. Section 16.003 of the Texas Civil Practice and Remedies Code requires you to file a personal injury lawsuit within 2 years after the cause of action accrues. For a death claim, that period begins on the date of death.
Government claims move faster. Section 101.101 entitles a governmental unit to notice of a claim within 6 months after the incident, and city charters may set their own notice deadlines.
Get medical care first, even if you feel okay, because some injuries surface later. If you can, call the police, photograph the scene, collect witness names, and keep your shoes and clothing.
Your own uninsured motorist coverage may help. Under Section 1952.104 of the Texas Insurance Code, you can recover under that coverage when the driver is unknown only if the vehicle physically contacted you or your property.
Possibly. A ticket is not required to bring an injury claim, and fault in a civil case turns on evidence such as witness accounts and video.
It depends on your recovery, the evidence, and how the insurer responds. It's hard to value a claim until your doctors understand your long-term needs.
It is usually wise to speak with a lawyer first, because adjusters may focus on where you crossed or whether you were distracted. Our team can handle those communications for you.
We handle pedestrian accident cases on a contingency fee basis, so you pay attorney fees only from any recovery, not out of pocket upfront. You may be responsible for case expenses, as explained in your written agreement.
You shouldn't have to carry the medical bills, pain, and insurance calls alone. The Texas Chongo Personal Injury Lawyers, led by board-certified personal injury trial attorney David Sanchez, represent people hurt while walking throughout Texas.
Call (972) 529-3476 to speak with a Texas pedestrian accident lawyer in English or Spanish. We accept new inquiries 24 hours a day, seven days a week.
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