A vehicle hit you while you were on foot. A Houston pedestrian accident claim lets you seek compensation from the driver who’s at fault. You had nothing protecting you, so these crashes tend to leave serious injuries, and right-of-way rules sit at the center of who’s to blame. This is general information, not legal advice.
Right of way and crosswalk rules in Texas
Texas law spells out how drivers and people on foot share the road. Drivers have to yield to you when you’re lawfully in a crosswalk, and that includes the unmarked crosswalks that exist at a lot of intersections. You, in turn, generally have to obey the signals and yield when you cross outside a crosswalk. Fault isn’t automatic on either side. It comes down to where you crossed, who had the right of way, the signal timing, and whether the driver was paying attention. Even if you crossed mid-block, a driver who was speeding or looking at a phone can still share the blame.
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 you and the vehicle, you’re looking at broken bones, head and brain injuries, spinal injuries, and internal harm. Get thrown or hit the pavement, and a second round of injuries can pile on. These cases usually mean heavy medical treatment, and documenting every injury is what backs a fair claim. Values swing widely with the severity of the 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). You can recover only if you were not more than 50% at fault, and your recovery drops by your share of the blame. Insurers love to claim the pedestrian “darted out” so they can pay less, which is exactly why scene evidence, witness accounts, and any video are worth so much. 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 put some fault on you, but Texas still lets you recover as long as you weren’t more than 50% at fault. A driver who was speeding or distracted can still share the blame.
What if the driver claims I stepped out suddenly?
Insurers raise this all the time to shift blame. Evidence like witness statements, traffic or business surveillance video, vehicle damage, and the point of impact can show what really 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.