Pedestrian Accident Rights and Laws in Texas

Pedestrians are the most vulnerable road users, and they face a grim reality in the Lone Star State; Texas ranks second nationwide in pedestrian fatalities, with over 600 deaths in 2022 alone. If you’re struck by a vehicle or have a family member who was hit, Gilbert Adams Law Offices can assert your rights under the law for justice, accountability and compensation. Call our office to speak with an experienced and dedicated Beaumont pedestrian accident lawyer.

Legal Duties of Drivers and Pedestrians: Who Must Yield and Where

The Texas Transportation Code requires that drivers yield to pedestrians in marked or unmarked crosswalks when no traffic signal is guiding them. More specifically, drivers must stop for pedestrians entering or in a crosswalk without a signal and on the same side of the roadway or approaching it when no lights are present.

Yet pedestrians also have a responsibility under Texas law: they may not suddenly step off a curb into traffic if vehicles are too close for drivers to stop safely. Obeying crossing signals is vital for pedestrians, even when they have the legal right-of-way.

Pedestrian Actions That Could Affect a Claim

Texas follows a modified comparative negligence rule, which means that even if a pedestrian bears some fault, so long as it’s no more than 50%, they can still recover damages. However, any compensation is reduced proportionally. If fault exceeds 50%, under Texas law, the injured victim is barred from any recovery.

Examples that could count against a pedestrian include darting into a street, crossing outside a crosswalk, ignoring signals, or walking on the road when a sidewalk is available. Although these actions could make a pedestrian partially liable, thereby reducing their compensation, it is critical not to blindly accept the insurance company’s assessment of fault. They do not have the final word and are likely unfairly assigning blame to reduce their responsibility, even when the facts don’t support their allegation.

Driver Liability and Criminal Penalties

Drivers in Texas must exercise due care to protect pedestrians. Moving violations such as distracted driving, speeding, or failing to yield can lead to both civil liability and criminal charges. Since 2021, the Lisa Torry Smith Act makes failing to stop or yield to a pedestrian in a crosswalk a state jail felony punishable by up to two years and a $10,000 fine, where serious injury or death occurs. However, enforcement can vary from county to county.

When accidents result in injuries or fatalities, drivers might also face charges for criminally negligent homicide under Texas law, which is a separate state jail felony with similar penalties. Failure to stop or provide assistance post-crash (hit-and-run) is likewise a criminal offense that can rise to the level of a third-degree felony if the crash involves serious injury or death.

While criminal prosecution can be used as evidence in a civil case for victim compensation, it is not required. Different burdens of proof apply to criminal and civil trials, and injured pedestrians may still have a strong civil claim regardless of whether the driver was convicted of a criminal offense or even if they were never charged.

What a Pedestrian Accident Victim Should Do

If you’re hit by a vehicle, following these steps can help preserve your rights:

• Seek immediate medical attention. Even seemingly minor incidents can have serious, hidden injuries and consequences.

• Call law enforcement to create an official accident report.

• Collect evidence by taking photos of the scene, damage, and injuries. If there were witnesses, make sure you get their names and contact information.  An attorney can obtain any nearby security camera footage.

• Do not give a recorded statement to any insurer.  Remember, they are used to taking statements and can surprise you with questions, hoping you make admissions or incriminating statements.  This is especially true when you weren’t provided time to think about the questions and, more importantly, the reason why that could be relevant or important to your claims or their alleged defenses.

• Consult an experienced pedestrian accident attorney promptly, before evidence dissipates or memories fade, and before accepting any low-ball insurance company settlement offer, especially where the extent and duration of your injuries may not be readily apparent.

Recoverable Damages in Pedestrian Claims

Pedestrian accident victims may seek compensation for all the different ways a driver’s negligence has harmed them. Most commonly, damages in these cases include past and future medical expenses, including ongoing rehabilitation and future care, lost wages and diminished earning capacity, physical impairment, pain and suffering, mental anguish, disfigurement, and property damage.

Because compensation may be reduced by the pedestrian’s comparative percentage of fault. Having strong, effective legal representation is essential to being treated fairly and recovering fair and reasonable compensation.

Statute of Limitations: Act Quickly

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit.  Missing this deadline usually means recovery is permanently barred.

The Role of Infrastructure and Public Policy

Texas is taking steps to improve pedestrian safety. The TxDOT’s “Be Safe. Drive Smart.” campaign aims to raise awareness amid a significant rise in pedestrian deaths. Advocates also push for infrastructure enhancements such as sidewalks, pedestrian bridges, and traffic-calmed zones to complement enforcement efforts.

Why a Texas Personal Injury Attorney Matters

Cases involving pedestrian accidents can become very complex, very quickly. Liability may be unclear, fault is often disputed, and injuries—especially head, spinal, or internal damage—can have long-term consequences. Insurance companies frequently offer lowball settlements early on, sometimes before you have healed or been diagnosed by specialists.

An experienced pedestrian accident attorney can advocate aggressively for your full recovery, guide you through Texas comparative liability rules, compile necessary evidence, and obtain just compensation depending on the facts and circumstances of the incident and your resulting injuries.

By understanding your rights and acting promptly, you enhance your ability to seek justice and fair compensation following a pedestrian accident. If you or a loved one has been injured in Beaumont, Southeast Texas, or statewide, Gilbert Adams Law Offices has been recovering compensation for injured Texans and their families for more than 95 years.  We are here to help, offering free consultation, unwavering dedication and support, and skilled legal advocacy tailored to your needs. Contact us today for a free consultation.