What Are Your Rights If You’re Hit by a Car While Walking in Texas?

You’re crossing Westheimer Road in Houston on a green signal when a turning car strikes you before you reach the curb. At that moment, you are not thinking about statutes or insurance forms. Most pedestrians are hit through ordinary driver mistakes, not road rage, and Texas law treats those claims differently. Who owes you a duty, and who pays for your injuries, starts with the rules that govern the crosswalk itself.

Pedestrian Accident Rights in Texas

If a car hits you while walking in Texas, your rights depend on how the crash happened, not just that it did. Texas recorded between 768 and 772 pedestrian deaths in 2024, according to state crash data.

Nationwide, pedestrian deaths fell to 7,080 in 2024, down from a range of 7,318 to 7,367 the year before, per the National Highway Traffic Safety Administration. Most of these crashes come from ordinary negligence, such as a driver who failed to yield or looked at a phone instead of the road.

Your rights as an injured pedestrian cover right-of-way rules, negligence claims, and insurance coverage, with intentional conduct as a rare exception covered later. You can also review the background of the attorneys who handle these cases before deciding how to proceed.

Pedestrian Right-of-Way Rules in Texas

Texas law gives you the right-of-way at signal-controlled crossings once the walk signal turns on. Under Texas Transportation Code § 544.007, a driver facing a red light or steady red arrow must yield to a pedestrian already in the crosswalk.

Drivers also owe a duty to yield at marked and unmarked crosswalks alike. Texas Transportation Code § 552.003 requires a driver to stop for a pedestrian crossing within any crosswalk, not only ones painted on the pavement. This duty forms the basis of most pedestrian right-of-way claims in Texas.

A driver’s obligations do not end at the crosswalk. Speeding, distracted driving, and general failure to yield can each establish ordinary negligence liability, the same legal theory behind most car accident claims in Texas.

Comparative Fault for Texas Pedestrians

Texas follows a proportionate responsibility rule that can reduce, but does not automatically bar, your recovery. Under Texas Civil Practice and Remedies Code § 33.001, often called the 51 percent bar rule, you cannot recover damages if you are found more than 50 percent responsible for the crash.

If your share of fault is 50 percent or less, your damages are reduced by that percentage. Texas Civil Practice and Remedies Code § 33.012 sets out how the court applies that reduction to your total award.

Crossing outside a marked crosswalk shifts the yield obligation onto you as the pedestrian. Under Texas Transportation Code § 552.005, a pedestrian crossing outside a crosswalk must yield to vehicles, but the driver still holds an ongoing duty to avoid hitting you.

Being hit by a car while jaywalking in Texas does not automatically bar a claim. It does change how fault, and your compensation, gets calculated, so understanding typical case value matters early in the process.

When a Collision Is Intentional

If a driver strikes you on purpose, such as in a road-rage incident, the case moves onto a different track entirely. The driver can face criminal charges for assault or, when the injury is serious, aggravated assault under Texas law.

A civil claim proceeds separately from any criminal case and does not depend on its outcome. This separate track also applies to fatal road-rage incidents, where a family can pursue a claim regardless of the criminal result.

Insurance Coverage After a Pedestrian Accident

Three sources can pay for your injuries after a pedestrian accident, and most claims draw on more than one. The at-fault driver’s liability insurance is usually the first place a claim goes, since Texas requires drivers to carry it.

Your own uninsured or underinsured motorist coverage, known as UM/UIM, can also apply even though you were on foot rather than driving. Under Texas Insurance Code § 1952.101, this coverage follows you as the insured person, not just your vehicle, so it can pay out when the driver had no insurance or too little. You can learn more about how UM/UIM coverage applies after a hit-and-run, a common scenario for injured pedestrians.

Health coverage can bridge the gap while a liability claim is still pending. Medical bills do not wait for a settlement, and using your health plan first can keep bills from piling up during the investigation.

Steps to Take After a Pedestrian Accident

The steps you take right after a pedestrian accident protect both your health and your claim, whether the driver was negligent or intentional.

1. Get out of traffic and to a safe location if you are able to move.

2. Seek medical attention right away, even if your injuries seem minor at first.

3. Report the accident to police and request a copy of the written report.

4. Gather evidence: photos of the scene, witness contact information, and the driver’s insurance details.

5. Contact a pedestrian accident lawyer in Texas to review fault, available coverage, and your next steps.

Many injuries, like internal bleeding or a concussion, do not show symptoms right away. Waiting to see a doctor can also give an insurance adjuster room to argue your injuries came from something else. Reviews from past clients can help you know what to expect when you bring in an attorney.

Work with a Texas Injury Attorney

If a car hit you while you were walking in Texas, you do not have to sort out fault, coverage, and deadlines alone. Angel Reyes & Associates represents injured pedestrians across the state and has more than $1 billion recovered for clients.

You pay no attorney fees unless Angel Reyes & Associates wins your case. Contact Angel Reyes & Associates today for a free consultation to talk through what happened and what you may be able to recover.

Past results do not guarantee future outcomes.