A Houston pedestrian accident claim arises when a person on foot is struck by a vehicle and seeks compensation from the at-fault driver. Because pedestrians have no protection, these crashes often cause severe injuries, and right-of-way rules are central to fault. This is general information, not legal advice.
Right of way and crosswalk rules in Texas
Texas law addresses how drivers and pedestrians must share the road. Drivers must yield to pedestrians lawfully within a crosswalk, including unmarked crosswalks that exist at many intersections. Pedestrians, in turn, generally must obey signals and yield when crossing outside a crosswalk. Fault is not automatic on either side; it depends on where the crossing happened, who had the right of way, signal timing, and driver attentiveness. Even when a pedestrian was crossing mid-block, a driver may still share blame for speeding or not paying attention.
Common ways pedestrians are hit in Houston
- Drivers turning through a crosswalk while watching for a gap in traffic, not people
- Failure to yield at intersections and parking lots
- Distracted driving and running red lights
- Poor visibility at night or in areas with limited lighting
- Vehicles backing up in lots and driveways
Injuries pedestrians commonly suffer
With nothing between them and the vehicle, pedestrians frequently sustain broken bones, head and brain injuries, spinal injuries, and internal harm. When a person is thrown or hits the pavement, a second set of injuries can follow. These cases often involve significant medical treatment, and thorough documentation of every injury supports a fair claim. Values vary widely depending on the severity of harm and the evidence.
How fault and shared blame affect recovery
Texas is an at-fault state, and it uses modified comparative negligence with a 51% bar (Chapter 33). A pedestrian can recover only if they were not more than 50% at fault, and any recovery is reduced by their share of blame. Insurers sometimes argue the pedestrian “darted out” to reduce what they pay, which is why scene evidence, witness accounts, and any video footage are so valuable. The two-year statute of limitations generally applies (Tex. Civ. Prac. & Rem. Code §16.003).
Frequently asked questions
Can I recover if I was not in a crosswalk?
Possibly. Crossing outside a crosswalk may assign you some fault, but Texas allows recovery as long as you were not more than 50% at fault. A driver who was speeding or distracted may still share responsibility.
What if the driver claims I stepped out suddenly?
Insurers often raise this to shift blame. Evidence such as witness statements, traffic or business surveillance video, vehicle damage, and the point of impact can help show what actually happened and who had the right of way.
Related reading: how fault is determined, traumatic brain injury claims, the Texas 51% rule, and what to do after a crash in Houston.