Insurance companies love to ask one question first after a pedestrian gets hit: were you in the crosswalk? Texas law gives drivers a duty to avoid hitting a pedestrian that exists whether or not that question has a clean answer. A Texas pedestrian accident lawyer's first job is often correcting that assumption before it shapes the rest of the claim.
The Calderon Law Firm represents injured pedestrians across Houston and the rest of Texas, including cases where a city's own street or sidewalk played a role.
If an insurance adjuster is already asking where exactly you were standing, that question doesn't decide your case by itself. Call 346-999-5673 to talk through what actually happened.
Who Is at Fault When a Car Hits a Pedestrian in Texas?
It depends on where the pedestrian was and what the driver did, but Texas law puts real weight on the driver's side of that question. Under Texas Transportation Code Chapter 552, drivers must yield to pedestrians in marked and unmarked crosswalks. Separately, drivers must exercise due care to avoid hitting any pedestrian on a roadway, regardless of where that pedestrian happens to be.
That second duty matters more than most people realize. It means a driver can still be found negligent even when the pedestrian wasn't technically in a crosswalk. Texas law never lets a driver off the hook for failing to watch the road.
The Crosswalk Question Insurance Companies Always Ask First
Adjusters ask about crosswalks because it's an easy way to shift blame onto you before anyone looks at what the driver was doing. Texas law does require pedestrians to yield when crossing outside a crosswalk, but that rule doesn't erase the driver's separate duty to exercise due care and avoid a collision.
In practice, this means both sides of the road can share fault. Texas's comparative negligence rule lets you recover compensation as long as you weren't more than 50% responsible for the crash. A driver who was speeding, distracted, or simply not looking can still bear most of the blame even if you crossed mid-block.
Why Pedestrian Injuries Tend to Be More Severe Than They Look on Paper
A pedestrian has no door, no airbag, and no frame absorbing the impact. Even a moderate-speed collision can cause serious harm to a person with nothing protecting them. Broken pelvises, traumatic brain injuries, and internal injuries are common even in crashes that an insurance adjuster might describe as minor.
This gap between how a crash looks on a police report and what actually happened to your body is worth documenting carefully. Imaging, follow-up care, and a clear medical record of how your symptoms developed all matter when an insurer tries to undervalue what happened to you.
Can I Sue the City if a Missing Crosswalk or Broken Sidewalk Contributed to My Accident?
Sometimes, but it's a different and harder process than suing a driver. Under the Texas Tort Claims Act, cities and other government entities have broad immunity from lawsuits, with only limited exceptions for things like dangerous conditions on government property.
A broken sidewalk or a malfunctioning pedestrian signal can sometimes qualify, but Texas courts generally treat ordinary sidewalk defects differently than something like an open excavation in a road. Whether your specific situation qualifies depends heavily on the facts, including what the city knew about the condition before your accident.
The Strict Deadlines That Apply to a Claim Against a City
If a government entity may be responsible for your accident, the clock works differently than usual. You typically have to send a formal notice of claim long before the normal two-year deadline most personal injury cases allow.
The City of Houston requires that notice within 90 days. Missing it can end your claim against the city entirely, even if you still have time left under the general statute of limitations.
Claims against government entities also come with damage caps that don't apply to a claim against a private driver, and punitive damages generally aren't available at all. None of this rules out a claim, but it does mean a government angle needs attention within days, not months.
If a city street, sidewalk, or crossing signal played any role in your accident, the clock on that part of your case moves much faster than you'd expect. Call 346-999-5673 right away so we can check the deadline.
Common Locations Where Pedestrian Accidents Happen in Houston
Apartment complexes along busy feeder roads see a disproportionate number of these accidents. Often, the nearest marked crossing is far from where people actually need to cross. Bus stops placed without a nearby signal create a similar problem, especially when riders are crossing toward or away from the stop in low light.
Shopping center parking lots and the access roads connecting them to a main street are another common location for these accidents. These areas often have less lighting and more turning traffic than a typical intersection, which raises the odds that a driver focused on parking or merging fails to see someone on foot nearby.
What Evidence Matters Most in a Pedestrian Accident Case
Traffic camera footage, nearby business surveillance, and the official crash report are usually the starting point. These sources can establish where the pedestrian was, how fast the vehicle was traveling, and whether the driver had a clear line of sight before impact.
Witness statements often carry extra weight in pedestrian cases specifically, since they can speak directly to how visible the pedestrian was and whether the driver had any real chance to react before impact.
Medical records that document the full scope of an injury, not just the initial emergency room visit, also play a major role in showing what a case is actually worth over the full course of recovery.
What if the Driver Who Hit Me Fled the Scene, or Was Drunk?
Both situations change your case, but neither one closes the door on compensation. A driver who fled can often still be pursued through your own uninsured motorist coverage.
A driver who was intoxicated may have given you a path to a second source of compensation if a bar or restaurant overserved them beforehand. Either scenario is worth a real conversation rather than an assumption that your options are limited.
Houston's Streets and Why So Many Pedestrian Accidents Happen Outside Marked Crosswalks
Large parts of Houston were built around wide arterial roads designed to move cars quickly. These roads often have long stretches between marked crosswalks, or no crosswalk at all for a mile or more.
Apartment complexes, bus stops, and shopping centers sitting along these roads regularly force pedestrians to cross where no formal crossing exists, simply because the nearest one is a half mile away.
This doesn't excuse a driver who hits someone, since the duty to watch the road doesn't disappear based on where a crosswalk happens to be painted. It does mean that road design, lighting, and signal placement are worth examining, especially when the same stretch of road has a pattern of similar accidents.
What Compensation Can Cover After a Pedestrian Accident
Medical bills are usually the starting point, but they rarely tell the whole story. Lost income while you recover matters too, along with the cost of future treatment and compensation for pain and suffering. All of these factor into what a pedestrian accident claim is actually worth.
Severe injuries, like a traumatic brain injury or a spinal injury that affects your ability to work, can also support a claim for lost future earning capacity. This is where the gap between an insurance company's first offer and a fair settlement tends to be the widest, since adjusters often focus only on bills already paid rather than what you'll need going forward for years to come.
Why Acting Quickly Helps Every Part of Your Case
Evidence in a pedestrian accident case has a shorter shelf life than most people expect. Traffic camera footage gets overwritten, skid marks fade, and witnesses move on with their lives within days or weeks of the crash.
If a government entity is involved, that urgency multiplies. The notice-of-claim deadline can pass while you're still focused on recovering from your injuries, which is exactly why an early conversation with an attorney matters even before you've decided whether to pursue a claim at all.
Why Houston Families Bring Pedestrian Accident Claims to The Calderon Law Firm
We have helped more than 5,000 Texan families and recovered more than $200 million in compensation for our clients. We know how to evaluate both sides of a pedestrian case, the driver's insurance and, where it applies, a government entity's narrow window for a notice of claim.
We tell you honestly and early whether a claim against a city looks realistic, since that deadline moves faster than almost anything else in a personal injury case. If your accident involved a commercial vehicle or a delivery driver, we can evaluate that angle too.
Ask The Calderon Law Firm
Can I still get compensation if I wasn't in a crosswalk when I got hit?
Often yes. Texas law requires drivers to exercise due care to avoid hitting any pedestrian, regardless of where that pedestrian is crossing, so being outside a crosswalk doesn't automatically end your claim. It may reduce your compensation under comparative fault if you share some responsibility, but it rarely eliminates it entirely.
How long do I have to file a claim if a city's sidewalk or signal caused my accident?
Much less time than you'd think. Many Texas cities require formal written notice within 90 days of the accident, far shorter than the two-year deadline that applies to a claim against a private driver. Missing that early notice window can end the government portion of your case permanently.
What if the driver who hit me says I came out of nowhere?
That's a common defense, and it doesn't automatically hold up. Witness statements, nearby surveillance footage, and the driver's own line of sight and speed at the time can all show whether they truly couldn't have seen you or simply weren't looking.
Can a child pedestrian accident claim work differently than an adult's?
Yes, in a few ways. Courts generally hold young children to a different standard than adults when it comes to comparative fault, and statute of limitations deadlines can be paused, or tolled, until the child turns 18 in some circumstances.
Frequently Asked Questions
How much does a Texas pedestrian accident lawyer cost?
Nothing upfront. We work on contingency, which means we only get paid a percentage if we recover compensation for you, and you owe nothing in attorney fees if we don't win.
How long does a pedestrian accident claim take to resolve?
It depends on whether a government entity is involved, since those claims typically take longer to investigate and resolve than a claim against a driver alone. Straightforward driver-only claims sometimes resolve in months, while cases involving a city can take considerably longer.
What should I do at the scene if I'm hit as a pedestrian?
Get medical attention first, even if you feel okay, since some injuries take hours or days to show up. Get the driver's information and contact the police, and if anyone witnessed what happened, get their name and number before they leave.
What if I was partly at fault for my own accident?
You can still recover compensation as long as you weren't more than 50% responsible for the crash, though your award would be reduced by your percentage of fault. An attorney can help assess how that might apply to your specific situation.
Can I speak to someone in Spanish about my accident?
Yes. The Calderon Law Firm is bilingual, and you can discuss your case with our team in Spanish from your first call through the end of your case.
A Crosswalk Doesn't Decide Whether You Get Compensation
Whether or not you were in a marked crosswalk, the driver who hit you still had a duty to watch the road. If a city street or sidewalk also played a role, that part of your case has a clock that starts ticking immediately.
The Calderon Law Firm can review what actually happened, at no cost to you, and tell you honestly where your case stands. Call 346-999-5673 before that window closes.