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Our Texas pedestrian accident lawyers at Attorney Jeff, a dedicated personal injury law firm, represent pedestrians who were struck and injured by a negligent driver operating a motor vehicle. Pedestrians have almost no protection against the force of a moving vehicle, and even a crash at a low speed can cause severe injuries or death.
If you or a loved one were hurt while walking, jogging, or crossing a Texas street, our Dallas pedestrian accident lawyers can help you pursue compensation for the injuries sustained. Contact us today for a free consultation, so our legal team can begin building your pedestrian accident injury claim.
Table of Contents
Pedestrian Accident Cases Our Texas Personal Injury Lawyers Specialize In
Do I Need to Hire a Texas Pedestrian Accident Lawyer?
What Pedestrian Injuries Can Be Compensated?
Texas Pedestrian Laws That Will Affect Your Personal Injury Claim
How Long Do I Have to File a Pedestrian Accident Lawsuit in Texas?
Compensation in a Texas Pedestrian Accident Case
Who Can Be Liable in a Texas Pedestrian Accident?
Pedestrian Accidents Statistics in Texas
Pedestrians represent a small share of roadway users but carry an outsized share of Texas traffic deaths. According to the Texas Department of Transportation (TxDOT), 2024 crash data shows pedestrians remain one of the most at-risk groups on Texas roads. Key statistics include:
- 768 pedestrians killed in Texas in 2024, a slight decrease from 2023 but still a historically high number
- Roughly 6,095 reported crashes involving pedestrians across the state in a single year
- Pedestrians account for close to one in five traffic deaths statewide, despite making up only about 1% of reported crashes
- Approximately 77% of pedestrian deaths happened after dark, according to TxDOT’s Behavioral Traffic Safety program
- Pedestrian fatalities have climbed 22% over the last five years, driven partly by population growth and more people walking in urban neighborhoods
- October has repeatedly ranked as the deadliest month for pedestrians, as clocks change and evening commutes shift into darker hours
- San Antonio alone recorded 606 pedestrian crashes in a single year, resulting in dozens of fatalities and serious injuries
- Urban intersections and areas without dedicated crosswalks account for a large share of pedestrian crashes statewide
If you were struck and injured by a reckless driver, an experienced Dallas pedestrian accident lawyer can help you understand your legal options and pursue compensation.
Types of Pedestrian Accident Cases Our Texas Personal Injury Lawyers Handle
Pedestrian accidents can arise from a wide range of circumstances resulting from a driver’s negligence, consequently resulting in life-altering injuries. Our Dallas pedestrian accident attorneys handle the following:
- Crosswalk Accidents: A driver fails to yield to a pedestrian who has the right-of-way at a marked or unmarked crosswalk
- Left-Turn and Right-Turn Accidents: A turning driver strikes a pedestrian who is legally crossing with the signal
- Parking Lot Accidents: A driver backing out of a space or driving through a lot fails to see a pedestrian
- School Zone Accidents: A driver speeds or ignores posted school zone limits near children walking to or from school
- Distracted Driving Accidents: A driver looking at a phone or otherwise inattentive fails to see a pedestrian in time to stop
- Hit-and-Run Accidents: A driver strikes a pedestrian and flees the scene without rendering aid or reporting the crash
- Drunk and Impaired Driving Accidents: A driver under the influence fails to react to a pedestrian in or near the roadway
- Truck Accident Cases: A commercial truck driver with limited visibility or an unsafe turning radius strikes a pedestrian near a loading zone or intersection
- Nighttime and Low-Visibility Accidents: Poor lighting, unmarked crossings, or a driver’s failure to adjust for darkness contribute to a crash
Insurance companies frequently try to argue that a pedestrian was jaywalking, not paying attention, or otherwise at fault for the crash. Consult with our award-winning law firm to protect your Dallas pedestrian accident case.
Why Choose Our Texas Pedestrian Accident Lawyers
Hiring a pedestrian accident attorney is not always required, but pursuing a claim without legal representation can be difficult.
This is particularly true, given how quickly insurance companies try to shift blame onto victims when they are injured and most vulnerable.
At Attorney Jeff, our core strengths that result in full and fair compensation for injured clients include:
- Proven track record: Our skilled pedestrian accident lawyers have built a proven track record representing injured victims throughout Texas.
- Direct legal representation: You will work directly with your Texas pedestrian accident attorney throughout the entire legal process, not a rotating cast of paralegals.
- Willing to go to trial: Our trial lawyers prepare every personal injury lawsuit as if it is headed to court, which strengthens our position against opposing counsel during negotiations.
- Fighting pedestrian bias: We know insurance companies often unfairly blame pedestrians for crashes that were not their fault. Our team works to counter that bias with evidence, not assumptions.
- Serving all of Texas: Our Dallas pedestrian accident attorneys handle every pedestrian accident in Dallas and throughout North Texas.
Our personal injury law firm operates on a contingency fee basis, so there are no upfront costs to you or your family. We strive to recover full and fair compensation for our injured clients. No upfront costs to you or your family. We strive to recover fair and equitable compensation for our clients.
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What Pedestrian Injuries Can Be Compensated?
A pedestrian struck by a motor vehicle often suffers serious injuries far more severe than those seen in a typical car accident. Pedestrian injuries tend to be more catastrophic because the body absorbs the full force of the impact directly. Common injuries that qualify for compensation include:
- Traumatic Brain Injury (TBI): Ranges from mild concussions to severe, permanent head injuries
- Spinal Cord Injuries: May result in partial or complete paralysis and lasting nerve damage
- Broken Bones and Fractures: Especially common in the legs, hips, pelvis, and arms
- Internal Injuries: May not be immediately apparent and require immediate medical attention
- Road Rash and Lacerations: Skin abrasions and deep cuts that can require stitches or skin grafts
- Amputations: Severe trauma to limbs caught beneath a vehicle
- Disfigurement and Permanent Disability: Long-term impairments requiring ongoing care from medical professionals
If you suffered any of these injuries in a pedestrian accident, it is important to seek medical attention immediately and consult with a local Dallas pedestrian accident lawyer to discuss your legal options for recovering compensation for your medical expenses.
Texas Pedestrian Laws That Will Affect Your Personal Injury Claim
Texas has its own set of pedestrian-specific traffic laws that shape how most pedestrian accident claims are handled. Understanding these rules is critical to protecting your right to recover fair compensation, since violations by either party can directly affect the determination of fault.
Pedestrian Right-of-Way at Crosswalks
Under Texas Transportation Code Section 552.002, when a pedestrian signal is present, a pedestrian facing a “Walk” signal may cross, and the driver must stop and yield the right-of-way.
Under Texas Transportation Code Section 552.003, when there is no traffic control signal, a driver must stop and yield the right-of-way to a pedestrian crossing in a marked or unmarked crosswalk if the pedestrian is on the driver’s half of the roadway or is approaching closely enough from the other half to be in danger.
This right-of-way is not unconditional. The same statute states that a pedestrian may not suddenly leave a curb or place of safety and step into a crosswalk so close to an oncoming vehicle that the driver has no realistic chance to stop.
Jaywalking and Crossing Outside a Crosswalk
Under Texas Transportation Code Section 552.005, a pedestrian crossing at any point other than a marked or unmarked crosswalk must yield the right-of-way to all approaching vehicles. This is the statute most often cited when someone refers to jaywalking in Texas.
Crossing outside a crosswalk is not automatically illegal in every situation, but it does shift the legal burden onto the pedestrian to yield to traffic. If a pedestrian was struck while crossing mid-block or outside a designated crossing, an insurance adjuster will often use this statute to argue the pedestrian bears some or most of the fault. However, a driver who was speeding, distracted, or otherwise careless can still be held liable even when a pedestrian was jaywalking, since Texas law does not excuse a driver from exercising reasonable care to avoid a collision.
Drivers of Motor Vehicles Must Exercise Reasonable Care
Under Texas Transportation Code Section 552.008, regardless of whether a pedestrian has the right-of-way, a driver must exercise reasonable care, sound the horn when necessary, and take reasonable precautions to avoid colliding with any pedestrian on the roadway. This duty applies with particular weight around children, and any pedestrian who is confused, incapacitated, or obviously unable to avoid danger.
This provision matters because it means a driver cannot simply argue that a pedestrian was jaywalking and walk away from liability. Texas law places an independent duty on every driver to watch for pedestrians and avoid hitting them whenever reasonably possible.
Sidewalk and Roadway Use Requirements
Texas Transportation Code Section 552.006 requires a pedestrian to use an available sidewalk rather than walk in the roadway. Where no sidewalk exists, a pedestrian walking along a roadway must walk on the shoulder as far from the traveled portion of the road as practical, and if there is no shoulder, should walk facing oncoming traffic. TxDOT’s own pedestrian safety guidance reinforces this, recommending pedestrians stick to sidewalks, cross only at intersections or crosswalks, and make eye contact with drivers before stepping into the roadway.
Proportionate Responsibility (Modified Comparative Fault Rule)
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001, sometimes called proportionate responsibility.
If an injured pedestrian is found to be 50% or less at fault for a crash, their compensation is reduced by their percentage of fault. If a pedestrian is found to be 51% or more responsible, they are barred entirely from recovering compensation.
Because insurance companies often try to argue that a pedestrian was jaywalking, not paying attention, or wearing dark clothing at night, proving the driver’s negligence accurately is a central part of nearly every Dallas pedestrian accident case. For example, if a pedestrian is awarded $200,000 in damages but found 20% at fault for crossing outside a crosswalk, only $160,000 can be recovered.
Minimum Auto Insurance Requirements
Under Texas Transportation Code Section 601.072, every driver in Texas must carry minimum liability insurance, commonly known as 30/60/25 coverage:
- $30,000 in bodily injury coverage per person
- $60,000 in bodily injury coverage per accident
- $25,000 in property damage coverage per accident
According to the Texas Department of Insurance, these state minimums can fall far short of the actual medical expenses in a serious pedestrian crash, since pedestrians often suffer severe injuries that require extensive hospitalization and rehabilitation, along with significant future medical expenses.
Uninsured and Underinsured Motorist Coverage
Texas does not require drivers to carry uninsured or underinsured motorist coverage, but insurers must offer both on every policy. This coverage can be rejected only in writing.
This matters for pedestrians because an estimated 12% of Texas drivers carry no insurance at all, and hit-and-run crashes involving pedestrians are unfortunately common. Uninsured or underinsured motorist coverage, even on a household member’s policy, can allow an injured pedestrian to seek compensation when the at-fault driver has no insurance or insufficient limits.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Texas?
The Texas statute of limitations states that injured pedestrians generally have two years from the date of the crash to file a personal injury lawsuit. A wrongful death lawsuit carries the same two-year deadline.
Exceptions to the Filing Deadline
- The discovery rule may extend the deadline if an injury was not immediately apparent after the crash.
- Claims against government entities, such as a crash caused by a hazardous road condition, missing signage, or a malfunctioning traffic signal, require formal written notice, sometimes within as little as six months.
- Minors and certain other individuals may have modified timelines under Texas law.
What Happens if I Miss the Deadline?
If a pedestrian accident lawsuit is not filed within the statute of limitations, the accident victim generally forfeits the right to seek compensation, and courts will likely dismiss the case. Consulting with the best Dallas pedestrian accident lawyer early helps preserve key evidence, such as the police report, surveillance footage, and witness statements, before it disappears.
Damages Pedestrian Accident Victims Can Recover in Texas
A successful personal injury claim should hold the at-fault driver accountable and fairly compensate pedestrian accident victims for their losses. A fair settlement typically reflects the following categories of compensatory damages.
Economic Damages
- Current medical bills and future medical expenses
- Lost wages and lost income from diminished earning capacity
- Costs of future medical care, rehabilitation, and physical therapy
- Costs of assistive devices or home modifications for permanent injuries
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and mental anguish
- Disfigurement, scarring, and permanent disability
- Loss of consortium
Punitive Damages
These losses may be awarded in cases involving gross negligence or intentional misconduct, such as drunk or distracted driving. Such damages are often awarded in wrongful death cases or claims resulting in catastrophic injuries.
Texas law places specific limits on punitive damages, so it is important to speak with a personal injury attorney about how these caps may apply to your case.
Who Can Be Liable in a Texas Pedestrian Accident?
Determining fault in most personal injury cases is often complex, especially when multiple parties may share liability. With an urgency to gather and preserve evidence from the crash scene and to work with accident reconstruction specialists, our skilled legal team can identify all at-fault parties.
Common parties and entities who may be held liable include:
- The Pedestrian: In some cases, the plaintiff may share liability in causing their own injuries
- Negligent Drivers: Speeding, distracted, drowsy, or impaired drivers who fail to follow traffic laws and yield to a pedestrian
- Government Agencies: Entities responsible for maintaining safe roads, crosswalk markings, signage, and traffic signals
- Employers: Companies whose employees cause crashes while on the job
- Commercial Trucking and Delivery Companies: A truck accident involving driver fatigue, poor training, or unsafe scheduling practices can leave a pedestrian with catastrophic injuries
- Property Owners: Owners of parking lots or private roadways where poor lighting or obstructed sightlines contributed to a crash
Working with a skilled Dallas pedestrian accident lawyer who is well-versed in such cases and can conduct a thorough investigation to identify all at-fault parties simplifies the personal injury process.
Frequently Asked Questions About Texas Pedestrian Accident Claims
How long do I have to file a pedestrian accident lawsuit in Texas?
In most cases, Texas law grants two years from the date of the crash to file a claim. Certain circumstances may shorten or extend that deadline, so it is best to speak with a local Dallas pedestrian accident lawyer as soon as possible.
Can I still recover compensation if I was jaywalking?
Yes, in many cases. Crossing outside a crosswalk does not automatically bar recovery, but it may be used to argue that the pedestrian shares some fault for the crash, which can reduce compensation under the state’s comparative fault rule. If the driver was speeding, distracted, or otherwise negligent, the pedestrian may still pursue compensation even after accounting for shared fault.
What if the driver who hit me fled the scene?
Hit-and-run crashes involving pedestrians are unfortunately common. If the driver cannot be identified, uninsured motorist coverage on your own policy or a household member’s policy may allow you to recover compensation.
Do I need to hire a pedestrian accident attorney?
No. However, pursuing a pedestrian accident injury claim without one can be especially difficult, given the bias many pedestrians face from insurance companies that try to shift blame onto the victim.
What if the other driver did not have insurance?
If you carry uninsured or underinsured motorist coverage, you may still be able to recover compensation through your own insurance company. A Dallas pedestrian accident attorney can help evaluate all available sources of coverage.
How Our Texas Pedestrian Accident Law Firm Will Benefit Your Case
Our personal injury law firm handles the demands of your case so you can focus on recovery and getting the medical treatment you need. Our services include:
- Thorough Accident Investigation: In-depth review of the crash and contributing factors
- Evidence Collection and Preservation: Securing police reports, medical records, surveillance footage, and witness statements
- Countering Pedestrian Bias: Building a case that pushes back against unfair assumptions about jaywalking or pedestrian fault
- Damage Assessment: Evaluating medical expenses, future medical care, lost wages, and pain and suffering
- Insurance Negotiation: Aggressively pursuing full and fair compensation with insurance companies
- Court Representation: Litigating your personal injury lawsuit if maximum compensation cannot be reached
Contact Our Texas Pedestrian Accident Law Offices Today
If you were involved in a pedestrian accident in Dallas, TX, immediate action is crucial after a pedestrian crash, both for your health and your personal injury claim’s validity. Evidence disappears, witnesses forget, and the two-year filing deadline does not typically pause.
Schedule a free consultation today to learn how our Texas pedestrian accident attorneys can support you through this challenging time. You don’t have to handle the complicated legal proceedings or deal with pushy insurance adjusters alone.
Other Practice Areas Our Texas Personal Injury Law Firm Specializes In
- Texas Car Accidents
- Texas Motorcycle Accidents
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- Texas Truck Accidents
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