You’re doing something ordinary — walking your dog, jogging through your neighborhood, crossing the street to grab coffee, heading home from work. Traffic is part of the background noise of daily life in Texas. Cars pass. Lights change. Crosswalks flash. It feels routine. Safe.
Then it isn’t.
A car turns without looking. A driver speeds through a crosswalk. Someone checks their phone instead of the road. The impact is sudden, violent, and life-changing. Unlike drivers, pedestrians have no protection — no airbags, no steel frame, no crumple zones. When a vehicle strikes a person, the injuries are often catastrophic.
Pedestrian accidents in Texas are increasing, especially in urban areas, residential neighborhoods, apartment complexes, and commercial zones. Yet many victims are shocked to discover that even when they were walking or running legally, fault is still often disputed.
Understanding how Texas pedestrian accident claims work is critical to protecting your health, your financial future, and your legal rights.
Why Pedestrian Accidents Are Rising in Texas
Pedestrian injuries are becoming more common due to a combination of factors:
- Distracted driving
- Increased traffic congestion
- Poorly designed roadways
- Inadequate crosswalk infrastructure
- Speeding in residential areas
- Rideshare and delivery traffic
- Reduced visibility conditions
- Urban development without pedestrian planning
Texas cities were built for vehicles, not foot traffic. In many areas, pedestrians are forced to navigate roads that were never designed for safe walking or running.
Common Pedestrian Accident Scenarios
Pedestrian crashes happen in predictable ways:
Crosswalk Accidents
- Drivers failing to yield
- Right-turn and left-turn strikes
- Red-light violations
- Rolling stops
Residential Street Accidents
- Speeding in neighborhoods
- Failure to see joggers
- Poor lighting
- Narrow roadways
- No sidewalks
Parking Lot and Commercial Area Accidents
- Backing vehicles
- Delivery drivers
- Distracted drivers
- Poor visibility
- No pedestrian pathways
Roadside Accidents
- Broken-down vehicles
- Shoulder walking
- Construction zones
- Worksite pedestrian traffic
These are not rare events — they are systemic failures in traffic behavior and design.
Texas Law: Pedestrian Rights and Driver Duties
Texas law does not treat pedestrians as obstacles — they are protected road users.
Drivers have a legal duty to:
- Yield at crosswalks
- Obey traffic signals
- Maintain safe speeds
- Remain attentive
- Avoid distracted driving
- Exercise reasonable care
Pedestrians also have duties, such as obeying traffic signals and not darting into traffic. However, the burden of safety is heavier on drivers because vehicles create the danger.
Comparative Fault in Texas Pedestrian Cases
Texas follows a proportionate responsibility system:
- If a pedestrian is more than 50% at fault, recovery is barred
- If a pedestrian is 50% or less at fault, compensation is reduced by their percentage of fault
Insurance companies aggressively use this rule to shift blame onto pedestrians by arguing:
- “They weren’t in a crosswalk”
- “They weren’t paying attention”
- “They were wearing dark clothing”
- “They crossed improperly”
- “They came out suddenly”
These arguments are common — and often misleading.
Injuries Common in Pedestrian Accidents
Pedestrian crashes often cause severe trauma:
- Traumatic brain injuries
- Spinal cord injuries
- Broken hips, legs, and pelvis
- Internal organ damage
- Facial fractures
- Nerve damage
- Permanent disability
- Psychological trauma
These injuries lead to long-term medical care, lost income, and life-altering consequences.
Evidence That Strengthens Pedestrian Accident Claims
Strong pedestrian cases are built on evidence, not assumptions:
- Traffic camera footage
- Dashcam video
- Surveillance footage
- Police reports
- Witness statements
- Medical records
- Accident reconstruction
- Roadway design evidence
- Lighting conditions
- Speed analysis
- Vehicle damage patterns
- Driver phone records
Without evidence, insurers create narratives. With evidence, liability becomes provable.
Why Insurance Companies Fight Pedestrian Claims
Pedestrian cases are high-value claims. Insurers often try to:
- Shift blame to the victim
- Minimize injury severity
- Dispute causation
- Argue shared fault
- Pressure early settlements
- Downplay long-term effects
They know juries sympathize with pedestrians — which is why they work hard to reduce liability early.
When Property Owners May Also Be Liable
Some pedestrian cases involve premises liability, not just auto negligence:
- Poor lighting
- Missing sidewalks
- Unsafe crosswalk placement
- Poor visibility design
- Inadequate signage
- Unsafe parking lot layouts
- Dangerous traffic flow patterns
In these cases, drivers and property owners may share liability.
Walking Shouldn’t Be a Legal Risk
People should be able to walk, run, and live their lives without risking catastrophic injury. But when pedestrian accidents happen, the legal system does not automatically protect victims — it requires evidence, structure, and legal strategy.
If you were hit while walking or running in Texas, your case may involve:
- Driver negligence
- Road design failures
- Property owner responsibility
- Comparative fault analysis
- Multiple insurance policies
At Wolf Law, PLLC, we investigate pedestrian accidents through both auto liability law and premises liability law, ensuring every responsible party is identified and held accountable.
Frequently Asked Questions
Do pedestrians always have the right of way in Texas?
No. Pedestrians must obey traffic signals and crosswalk rules. However, drivers still have a duty to exercise reasonable care to avoid collisions.
Can I recover compensation if I wasn’t in a crosswalk?
Yes. Being outside a crosswalk does not automatically bar recovery. Fault is determined by comparative negligence rules.
What if the driver says they didn’t see me?
Failure to see a pedestrian is not a legal defense. Drivers are required to remain attentive and aware of their surroundings.
Can fault be shared in pedestrian accidents?
Yes. Texas law allows shared fault. Compensation may still be available if the pedestrian is 50% or less responsible.
What damages can I recover in a pedestrian accident claim?
Medical bills, lost wages, pain and suffering, disability, future care costs, and emotional distress.
How long do I have to file a pedestrian injury claim in Texas?
In most cases, two years from the date of the accident.