Texas Pedestrian Accident Lawyer

Insurance companies have their own lawyers. You should too.

When a car hits a person on foot, there is nothing between the person and the vehicle. Injuries are often serious. Then the insurance calls start, and some insurers try to blame the person who was walking. Alers Law helps injured pedestrians and their families across all of Texas, from our offices in Dallas–Fort Worth.

Book your injury consultation or call (469) 207-1515. Se habla español.

Who We Help

People hit in a crosswalk or at an intersection.
People hit in a parking lot, driveway or on a sidewalk.
Joggers, children and older adults struck while walking.
Victims of hit-and-run drivers who left the scene.
Families who lost a loved one in a pedestrian crash.

Texas Rules for Drivers and Pedestrians

Texas traffic rules for pedestrians are in Chapter 552 of the Texas Transportation Code. They help show who had the right-of-way.

Crosswalks

When there is no traffic signal working, a driver must stop and yield to a pedestrian in a crosswalk who is on the driver's half of the road, or close enough to be in danger (Tex. Transp. Code § 552.003). A driver also may not pass a car that has stopped to let someone cross. A pedestrian may not suddenly step off the curb into the path of a car that is too close to stop.

Walk signals

When a pedestrian faces a "Walk" signal, the pedestrian may cross, and drivers must yield (§ 552.002). A pedestrian should not start crossing on "Don't Walk." Someone already partway across should keep going to the sidewalk or a safety island.

Crossing outside a crosswalk

A pedestrian who crosses outside a crosswalk must yield to vehicles (§ 552.005). That does not give drivers permission to hit someone. Every driver must still use due care to avoid hitting a pedestrian, and must take extra care around children and anyone who seems confused or impaired (§ 552.008).

Sidewalks and driveways

A driver leaving or entering a driveway, alley or parking lot must stop and yield to a pedestrian on the sidewalk (§ 552.006). Where there is no sidewalk, a pedestrian should walk facing traffic when it is safe to do so.

Breaking a traffic rule does not decide a case on its own, but it is often strong evidence of fault.

Hit-and-Run Pedestrian Accidents

Texas law requires a driver involved in a crash that injures someone to stop, check whether anyone needs help, give their information and provide reasonable assistance (Tex. Transp. Code §§ 550.021, 550.023). A driver who leaves the scene can face criminal charges.

If the driver is never found, you may still have options:

Uninsured motorist (UM) coverage on your own auto policy, or on a policy in your household. Under Texas law, when the at-fault driver is unknown, UM coverage generally requires actual physical contact between that vehicle and you or your property (Tex. Ins. Code § 1952.104). When a car strikes a pedestrian, that contact is usually present.
Personal injury protection (PIP) on your own policy, which we explain below.
The Texas Crime Victims' Compensation Program, run by the Office of the Attorney General. It lists failure to stop and render aid among the covered crimes. It pays only after other sources, such as insurance.

Report the crash to the police right away. It helps the investigation, and insurers and the Crime Victims' Compensation Program look at whether the crash was reported. Read our guide on hit-and-run accidents in Texas.

Your Own Policy May Help, Even if You Were Walking

Many people do not know that their own car insurance can help after they are hit on foot.

PIP. Texas insurers must include PIP in auto policies unless you rejected it in writing (Tex. Ins. Code § 1952.152). PIP pays benefits such as medical bills and lost income without regard to fault (§ 1952.155). Texas law does not require an insurer to provide more than $2,500 per person (§ 1952.153), and many people buy more.
UM/UIM. Texas insurers must also include uninsured and underinsured motorist coverage unless you rejected it in writing (§ 1952.101). It can help when the driver who hit you had no insurance, or not enough.

Whether these coverages apply depends on your policy wording. We review your policy and any household policies to find every source of coverage.

Common Pedestrian Injuries

Pedestrians often suffer head and brain injuries, broken legs, hips and arms, spinal injuries, internal injuries and scarring. Some injuries do not show up right away. Get medical care, and follow your doctor's plan.

What Compensation Can Cover

Depending on your case, compensation may include medical bills and future care, lost wages and earning capacity, pain and suffering, mental anguish, physical impairment and disfigurement. When a crash takes a life, the family may have a wrongful death claim. Every case is different, and we cannot promise any result.

What to Do After a Pedestrian Accident

Call 911 and get medical care.
Ask for a police report, and get the report number.
Take photos of the scene, the crosswalk or signal, the car and your injuries, if you can.
Get witness names and phone numbers. Look for nearby cameras on homes and businesses.
Do not give a recorded statement to the driver's insurer before speaking with a lawyer.
Tell your own insurer about the crash. Your policy may require prompt notice.
Call us. Video footage is often recorded over within days.

Texas Deadlines and Fault Rules

In most Texas injury cases, you have two years from the date of the crash to file a lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). If a city or county vehicle was involved, a written notice may be due within six months, or sooner under some city charters (§ 101.101).

Under Texas's modified comparative fault rule, your compensation is reduced by your share of fault, and you cannot recover if you are found more than 50 percent responsible (§ 33.001).

Fees

You pay no attorney's fees unless we recover compensation for you. We explain the fee and any case expenses in plain terms before you decide.

About Attorney Alers

Attorney Beverly Alers founded Alers Law and has been licensed to practice law since 2012. She holds a J.D., earned cum laude, and an LL.M. in Litigation and Alternative Dispute Resolution. Attorney Alers believes injured people deserve a firm that treats their case seriously from the first call.

Servicio en Español

Attorney Alers is fully bilingual. You can tell your story, ask questions and review every document in Spanish or English. Lea esta información en español.

Talk to Us Before You Talk to the Insurance Company

A conversation costs you nothing, and it can protect your claim. We serve all of Texas, in person in Dallas–Fort Worth or by phone and video.

Book your injury consultation or call (469) 207-1515. See all the personal injury cases we handle, including truck accidents and Uber and Lyft accidents.

This page offers general information, not legal advice. Reading it does not create an attorney-client relationship.

Frequently asked questions

Do pedestrians always have the right-of-way in Texas?

No. Drivers must yield to pedestrians in a crosswalk and on a "Walk" signal. A pedestrian crossing outside a crosswalk must yield to cars. But every driver must still use due care to avoid hitting a pedestrian.

Can my own car insurance pay if I was hit while walking?

Often, yes. PIP and uninsured motorist coverage on your own policy, or a household policy, may apply even though you were on foot. It depends on your policy wording.

What if the driver who hit me drove away?

Report it to the police right away. If the driver is not found, your uninsured motorist coverage may help, and the Texas Crime Victims' Compensation Program may also help with some costs.

Can I recover if I was partly at fault?

Possibly. Under Texas law, you can recover if you are 50 percent or less at fault, but your compensation is reduced by your share.

How long do I have to file a pedestrian accident claim?

In most cases, two years from the date of the crash. Claims involving a government vehicle may require written notice within six months or less, so call early.