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What Is the Average Settlement Amount for a Pedestrian Accident?

Published February 2025

Updated July 28, 2026

Angel Reyes

Written by

Angel Reyes

Kyle Nicolas

Edited by

Kyle Nicolas

Angel Reyes

Reviewed by

Angel Reyes

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Key Takeaways

  • Texas caps pedestrian recovery at 50% fault under its comparative negligence law.
  • Texas recorded 720 pedestrian deaths and 8,479 pedestrian crashes in 2025.
  • Pedestrian accidents can vary widely in value and depend on the circumstances of each case.

You’re taking a stroll down the street on a beautiful afternoon in Houston, enjoying the fresh air and sunshine. Suddenly, out of nowhere, a car blows through a red light, paying no attention to the fact that you’re in the crosswalk, directly in its path. 

Being hit by a car is a shocking and traumatic experience that can change your life in an instant. One moment life was normal, and the next it has been turned completely upside down. Now you have a giant pile of medical bills, you can’t work for at least a few months, and the other driver’s insurance company keeps pressuring you to sign a settlement agreement, claiming it’s “their best offer.”

In such situations, you might be wondering what the average settlement for a pedestrian accident might be. Is the insurer low-balling you? (Probably.) Did they even consider your pain and suffering? (Most likely not.)

You didn’t expect to ever have to worry about this, right? But having the right support can make all the difference.

Average Settlement for a Pedestrian Hit by a Car

Unfortunately, there really isn’t a concrete, definitive “average” for a car accident settlement in Texas. The reason why is simple: pedestrian accident settlements can vary wildly. In fact, two remarkably similar cases can have vastly different final outcomes due to circumstances or differences that aren’t necessarily related to the accident at all.

These factors can include:

  • Total medical expenses
  • Lost wages
  • Extent of applicable insurance coverage
  • Total liability of implicated parties.

Some pedestrians hit by car cases involve high medical bills, which would drive the average up. Others may be limited by a fairly low amount of available insurance. Low-value settlements may end up being around a few thousand dollars or so to cover medical expenses, while catastrophic accidents with life-changing injuries can see values skyrocket into seven figures or more.

In extreme cases where a pedestrian unfortunately loses their life due to the incident, lawsuits for wrongful death that result from pedestrian accidents can also be worth more than this amount. With so many different factors potentially having a massive impact on the total potential value of a claim, it’s important to have a skilled attorney who can help you seek out all available opportunities and pursue the best possible outcome.

How Liability Impacts Pedestrian Accident Settlements

Of the factors we mentioned previously, the amount you receive in a pedestrian accident is most influenced by one factor: liability. Texas is a modified comparative negligence state under Texas Civil Practice and Remedies Code Section 33.001. What this means is that your ability to recover is directly related to the percentage of fault that you bear for an incident.

As an example: if you’re found 20 percent at fault for your accident, a $100,000 case would be reduced to an $80,000 recovery. If you’re found 50 percent at fault, recover drops to $50,000. If you’re found 51 percent at fault, you recover nothing.

This is why insurers push so hard to pin as much blame as possible on other parties: they want to reduce how much they have to pay, and even a five percent liability adjustment could save them thousands of dollars.

Liability in pedestrian cases can be tricky. Pedestrians can also be held liable in some cases; It’s more complicated than pedestrians having the right of way at crosswalks in every situation. For example, pedestrians who ignore a signal and walk out into traffic are not acting safely or responsibly. This will affect their settlement amounts and could prevent them from getting a settlement.

Injury Severity & Claim Value

The amount of your settlement will also be determined by the severity of your injuries in the pedestrian accident. More severe injuries may result in higher payouts if the driver is at fault. If the pedestrian dies because of their injuries, the pedestrian’s family may want to file a wrongful death claim.

In some circumstances, the driver who caused the collision may not have insurance or may have only limited insurance. This can make it hard to settle pedestrian accidents. This will limit your payout unless you seek to file a lawsuit against the driver.

It’s sometimes necessary in cases where severe injuries result in hefty medical bills. However, it is pointless to file a lawsuit unless the at-fault driver has assets that amount to some form of compensation. It will drag on forever and, more often than not, result in more costs than a payout.

Damages in a pedestrian accident can be categorized into general and special damages. They are both used to calculate the settlement you are entitled to.

Special damages include medical bills, lost wages, future treatments, and the inability to work. General damages, or non-economic factors, include pain and suffering, emotional distress, disfigurement, and the inability to go on with life as you did before the accident. These are difficult to quantify but are crucial in personal injury cases.

Common Causes of Pedestrian Accidents

According to a 2025 Texas Crash Records Information System (CRIS) query,* Texas recorded 8,479 pedestrian-involved crashes, involving 9,059 total pedestrians (580 crashes involved more than one pedestrian). 7,397 pedestrians were injured, meaning pedestrian-involved accidents had a nearly 83 percent chance of causing an injury. Those crashes also caused 720 pedestrian fatalities. 

Harris County recorded the most pedestrian fatalities of any county, with 164. The city of Houston alone accounted for 107 of them (4.61 per 100k residents), making it the deadliest major city in the state. Dallas (4.59/100k) and San Antonio (4.54/100k) followed closely behind.

The causes of the accidents include cases where both pedestrians and motorists are at fault. Some common causes include:

  • Speeding
  • Bad weather
  • Drunk driving
  • Walking in illegal areas
  • Mobile phone use
  • Failure to obey traffic rules
  • Distracted driving
  • Not obeying traffic signals

The cause of the accident is crucial to proving liability. This is why gathering as much evidence as possible for your case is essential.

Steps to Take After a Pedestrian Accident

There are a few things you should do immediately if you or a loved one is hurt in a car accident. 

Seek Medical Care

If you are seriously hurt, medical attention needs to come first. Get help, get checked out, and have any critical issues stabilized. 

This is important for two reasons: to make sure you are physically okay, and to show that your injuries were caused by the accident if you wish to file a claim. Medical documentation is arguably the most important evidence you can provide.

Sometimes pedestrians think they’re okay but are in a state of shock and have not registered their injuries. If emergency personnel are on scene, let them examine you and get a copy of their report. This can not only help you find potentially hidden injuries, but it will also help you prove that your injuries were accident-related later on.

Gather Accident Information

Following the accident, you must gather as much information as possible. This can be difficult if you have sustained anything more than minor injuries, so get help as soon as you can. Contact a friend or family member to come to the accident scene. If law enforcement is present, get their information so you can obtain a police report later.

You will also need details about the driver, the vehicle, and any relevant evidence. Peace officers sometimes collect this, but it’s important to obtain it for yourself in case there are any errors in the report. Never rely on a third party when accuracy matters.

Also gather photos, eyewitness statements, and video footage that can serve as evidence for a pedestrian accident claim. Insurers often try to undervalue claims, but strong evidence can quickly mitigate these tactics and hold insurers accountable.

Wrongful Death Lawsuit

Sometimes, a pedestrian accident insurance settlement is not enough. Under Texas Civil Practice and Remedies Code Chapter 71, loved ones can pursue a wrongful death lawsuit after the death of a pedestrian. 

The details needed from the accident are the same as above, but the calculation of the settlement is slightly different. There are several more damages you can claim, including the loss of household services, loss of consortium, and funeral costs. 

Work with a Texas Pedestrian Accident Attorney

When determining the average settlement for a pedestrian hit by a car, there are many factors to consider. Each case is unique and requires careful consideration, from the specifics of the accident and the extent of the pedestrian’s injuries to the total damages incurred. With all these complicated factors, getting through the legal process and dealing with insurance companies while healing from your injuries can be hard.

That’s why it’s crucial to have an experienced lawyer on your side. Angel Reyes & Associates has more than $1 billion recovered for clients, and our attorneys know how to build a strong pedestrian accident claim. We work on a contingency fee basis, so you pay nothing unless we win your case.

We can discuss your case in a free consultation and determine the best action to take to get you the compensation you need. If you have been in a pedestrian accident in Texas, contact us today for help.

*Data current per a CRIS extract dated 07/28/2026.

Pedestrian Accident Settlement FAQs

What is the deadline to file a pedestrian accident lawsuit in Texas?

Texas law gives injured pedestrians two years from the date of the crash to file a lawsuit under Texas Civil Practice and Remedies Code Section 16.003, and missing that deadline usually ends the claim.

Who can file a claim if an injured pedestrian cannot act for themselves or has died?

Under Texas Civil Practice and Remedies Code Chapter 71, a surviving spouse, parent, or child can file a wrongful death claim on behalf of a pedestrian who died from their injuries.

What happens if a driver flees the scene after hitting a pedestrian?

Texas law requires the driver to stop and provide aid under Texas Transportation Code Section 550.021. A pedestrian hit by a driver who flees can still recover compensation through their own uninsured motorist coverage.

How much liability insurance does Texas require drivers to carry?

Texas requires drivers to carry at least $30,000 in bodily injury coverage per person under Texas Transportation Code Section 601.072, though this minimum can fall short in a serious pedestrian accident.

Do you have to pay taxes on a pedestrian accident settlement?

Under IRC Section 104(a)(2), compensation for physical injuries is generally not taxable, though amounts for lost wages or punitive damages may be.