🚶 Texas Pedestrian Accident Claims

Pedestrian Accident Claims in Texas

Pedestrian accidents in Texas are frequently catastrophic or fatal because the human body has zero protection against a vehicle traveling at speed. Texas consistently ranks among the top states for pedestrian fatalities, with over 800 pedestrian deaths and more than 5,000 pedestrian injuries reported annually. Houston, Dallas, San Antonio, and Austin account for the majority of these tragedies, driven by high traffic volumes, wide multi-lane roads, and inadequate pedestrian infrastructure.

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Understanding Pedestrian Accident Claims in Texas

Pedestrian accidents in Texas are frequently catastrophic or fatal because the human body has zero protection against a vehicle traveling at speed. Texas consistently ranks among the top states for pedestrian fatalities, with over 800 pedestrian deaths and more than 5,000 pedestrian injuries reported annually. Houston, Dallas, San Antonio, and Austin account for the majority of these tragedies, driven by high traffic volumes, wide multi-lane roads, and inadequate pedestrian infrastructure.

Under Texas Transportation Code § 552.003, drivers must yield the right-of-way to pedestrians in marked crosswalks and at intersections with traffic signals. Despite this clear legal duty, distracted driving, speeding, and failure to scan for pedestrians cause thousands of collisions every year. Even at 30 mph, a pedestrian struck by a vehicle has a 40% chance of death — at 40 mph, the fatality rate exceeds 70%.

Texas comparative fault rules apply to pedestrian accidents. If you were jaywalking, crossing against a signal, or walking while distracted, the defense may argue you bear partial responsibility. However, under the 51% bar rule, you can still recover damages as long as your fault does not exceed 50%. Importantly, even if a pedestrian was technically violating a traffic law, the driver still has an independent duty to exercise ordinary care and avoid collisions when possible.

Pedestrian accident victims can recover compensation for emergency medical treatment, hospitalization, surgery, rehabilitation, lost wages, diminished earning capacity, pain and suffering, disfigurement, disability, emotional distress, and loss of enjoyment of life. In fatal pedestrian accidents, surviving family members can bring a wrongful death claim under Texas Civil Practice & Remedies Code Chapter 71.

Average Pedestrian Accident Settlement Ranges in Texas

Based on analysis of Texas verdict and settlement data.

SeverityMedical CostsLost WagesPain & SufferingTotal Range
Minor $5,000 – $15,000$2,000 – $10,000 $10,000 – $30,000$20,000 – $50,000
Moderate $15,000 – $75,000$10,000 – $50,000 $30,000 – $150,000$75,000 – $250,000
Severe $75,000 – $300,000$50,000 – $200,000 $150,000 – $750,000$250,000 – $1,000,000+

Ranges based on publicly available Texas verdict and settlement data. Actual outcomes depend on specific case facts.

Texas Law: Pedestrian Accident Claims

Pedestrian accident claims in Texas follow the two-year statute of limitations (§ 16.003). Under Tex. Transp. Code §§ 552.001–552.012, both drivers and pedestrians have specific duties — drivers must yield to pedestrians in crosswalks, and pedestrians must obey traffic signals and use crosswalks where available. Comparative fault under Chapter 33 applies; a pedestrian who was jaywalking may have their recovery reduced but is not barred unless more than 50% at fault. There are no caps on compensatory damages in pedestrian accident cases. Wrongful death claims (Chapter 71) allow the spouse, children, and parents to recover for loss of financial support, companionship, mental anguish, and funeral expenses.

Statute of Limitations

2 years from the date of the accident

Comparative Fault

51% Bar Rule

Damage Caps

No Cap on Compensatory

Common Injuries in Pedestrian Accident Cases

Pedestrian Accident Claims Across Texas

We serve pedestrian accident victims in 264 Texas cities.

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HoustonSan AntonioDallasAustinFort WorthEl PasoArlingtonCorpus ChristiPlanoLaredoLubbockGarlandIrvingAmarilloGrand PrairieBrownsvilleMcKinneyFriscoPasadenaKilleenMcAllenMesquiteMidlandDentonWacoCarrolltonRound RockAbilenePearlandRichardsonOdessaSugar LandBeaumontCollege StationLewisvilleLeague CityTylerAllenEdinburgSan MarcosWichita FallsConroeTempleBryanNew BraunfelsPharrBaytownFlower MoundMissouri CityCedar ParkMansfieldGeorgetownPflugervilleRowlettHarlingenVictoriaNorth Richland HillsEulessDeSotoGrapevineBedfordCedar HillWylieHaltom CityKellerCoppellRockwallHuntsvilleShermanTexarkanaLufkinNacogdochesSan AngeloLongviewPort ArthurGalvestonSeguinKyleBastropBudaHuttoLiberty HillDripping SpringsBoerneKerrvilleFredericksburgMarble FallsWeatherfordCleburneBurlesonGranburyStephenvilleCorsicanaPalestineAthensHendersonJasperLivingstonLockhartDel RioTerrellEnnisWaxahachieMidlothianRed OakLancasterDuncanvilleGlenn HeightsHutchinsBalch SpringsSeagovilleForneyKaufmanGreenvilleSulphur SpringsMount PleasantParisBonhamDenisonGainesvilleDumasBorgerPampaHerefordCanyonPlainviewLevellandSnyderSweetwaterBig SpringAndrewsPecosFort StocktonAlpineEagle PassUvaldeCrystal CityPearsallPleasantonFloresvilleGonzalesCueroYoakumEl CampoBay CityAngletonLake JacksonFreeportAlvinFriendswoodWebsterClear LakeDeer ParkLa PorteChannelviewHumbleKingwoodAtascocitaSpringThe WoodlandsTomballCypressKatyRichmondRosenbergFulshearBrenhamNavasotaMadisonvilleCrockettJacksonvilleRuskCenterCarthageMarshallKilgoreGladewaterWhite OakMineolaCantonSachseMurphyAnnaProsperCelinaLittle ElmThe ColonyHighland VillageCorinthLake DallasArgyleTrophy ClubSouthlakeColleyvilleBenbrookWhite SettlementSaginawAzleCrowleySunnyvaleMineral WellsRockportOrangeFarmers BranchAddisonLake WorthUniversal CitySchertzLive OakSan BenitoMissionWeslacoRio Grande CityAliceKingsvilleBeevillePort LavacaHondoLlanoBradyBrownwoodLamesaPerrytonDalhartChildressVernonSeymourGrahamDecaturVan HornEagle LakeColumbusLa GrangeGiddingsMarlinGroesbeckHillsboroMexiaGatesvilleSan SabaColemanBreckenridgeJacksboroSeminoleMonahansCraneKermitSeabrookNeedvilleTexas CityDickinsonSanta FeLa MarqueHitchcockPort NechesNederlandGrovesVidorSilsbeeWoodvilleSan AugustineMabankGun Barrel CityAzle

Frequently Asked Questions: Pedestrian Accident in Texas

Minor pedestrian injuries settle for $20,000 to $50,000. Moderate injuries (fractures, soft tissue damage) range from $75,000 to $250,000. Severe injuries — TBI, spinal cord damage, multiple fractures — produce settlements of $250,000 to $1,000,000+. Wrongful death pedestrian cases can exceed $2,000,000.
Yes. Under Texas comparative fault, jaywalking reduces but does not eliminate your claim. If the driver was speeding, distracted, or otherwise negligent, they share fault. You can recover as long as you were not more than 50% at fault.
The driver is typically liable for failing to watch for pedestrians. The property owner may share liability if the parking lot had inadequate lighting, missing signage, dangerous layout, or lack of designated walkways.
You can recover medical expenses, lost wages, pain and suffering, disability, disfigurement, emotional distress, and loss of enjoyment of life. Texas does not cap compensatory damages in pedestrian accident cases.
Texas averages over 5,000 pedestrian crashes per year, resulting in more than 800 fatalities — the second-highest pedestrian fatality rate in the nation. Houston, Dallas, San Antonio, and Austin account for the majority.
Call 911 immediately. Do not move if you have a potential spinal injury. Document the scene and the vehicle if possible. Get witness contact information. Seek medical attention even if injuries seem minor. Do not discuss fault with the driver or their insurance. Contact an attorney before giving any statements.
Yes. Parents or guardians can file a claim on behalf of a minor child. The statute of limitations is tolled until the child turns 18, then they have 2 years to file. Children are held to a lower standard of care than adults regarding traffic awareness.

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