Key Takeaways: What Every Pedestrian Accident Victim Should Know
- Texas drivers must yield right-of-way to pedestrians in crosswalks and at intersections, according to Texas Transportation Code §552.002.
- You can still recover compensation even if partly at fault for the pedestrian accident under Texas comparative negligence laws, as long as you’re less than 51% responsible.
- In 2022, Texas recorded 829 pedestrian traffic fatalities and 1,526 serious injuries from 5,764 pedestrian-involved crashes, according to TxDOT data, making experienced legal representation crucial.
- Two-year deadline applies to file your pedestrian accident claim from the date of your accident – missing this deadline typically bars all recovery.
- Pedestrian accident cases often result in substantial compensation due to the severity of injuries when an unprotected person is struck by a motor vehicle.
Speak with a Houston pedestrian accident attorney today at your free consultation. Our experienced pedestrian injury lawyers will help you understand your rights with no pressure or obligation.
Why Choose Simmons & Fletcher After a Pedestrian Accident in Houston?
When you’ve been struck by a vehicle while walking, you’re facing not only serious injuries but also complex legal challenges. At Simmons & Fletcher, P.C., our Houston pedestrian accident lawyers understand the devastating impact these accidents have on victims and their families.
Our track record and successful case results speak for themselves:
- Paul H. Cannon has been recognized as a Texas Super Lawyer from 2017 to 2025 and holds Board Certification in Personal Injury Trial Law.
- Christopher Fletcher was named a 2021 Texas Super Lawyers Rising Star, with only 2.5% of Texas attorneys receiving this designation.
- Sharon Simmons-Cantrell was named to the prestigious Super Lawyers list by Thomson Reuters in 2024 and again in 2025.
- Our firm has served injured pedestrians throughout Houston since 1979 with a commitment founded on Christian values.
If we accept your pedestrian accident case, our dedicated Houston pedestrian injury attorneys will:
- Provide a thorough free case evaluation with no obligation.
- Investigate every aspect of your pedestrian accident to establish negligence.
- Work with accident reconstruction experts to strengthen your claim.
- Handle all communications with driver’s insurance companies and opposing counsel.
- Fight for maximum compensation while you focus on healing.
- Take your case to trial if a fair settlement cannot be reached.
Contact our Houston pedestrian accident law firm today at (713) 322-7623 for your free consultation. You pay no attorney fees unless we recover compensation for your injuries.
4.9 out of 5 stars based on 486 reviews on Google, see what our clients say about us
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Pedestrian Accident Trends and Statistics
Houston’s busy streets and highways create significant dangers for pedestrians. Understanding these risks helps demonstrate why experienced legal representation is crucial after a pedestrian crash.
Common Causes: Distracted & Drunk Driving
According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities reached 7,522 in 2022, with the NHTSA redesigning its crash reporting system to better track these incidents. The most common causes of pedestrian accidents in Houston include:
- Distracted driving: Drivers texting, talking on phones, or engaging with in-vehicle technology.
- Speeding: Excessive speed reduces reaction time and increases impact severity.
- Intoxicated driving: Alcohol and drug impairment significantly impair a driver’s judgment.
- Failure to yield: Drivers ignore pedestrian right-of-way at crosswalks and intersections.
- Poor visibility conditions: Inadequate lighting, weather conditions, and driver vision impairment.
High-Risk Areas: Crosswalks & Intersections
The NHTSA reports that 2022 marked the highest number of pedestrian deaths since 1981 in the United States. Indeed, 5,764 traffic crashes involving pedestrians occurred in Texas in 2022, resulting in 1,526 serious injuries and 829 deaths, according to TxDOT data. Although pedestrians are involved in only one percent of traffic crashes in Texas, they account for 19 percent of all roadway deaths, emphasizing the vulnerability of those on foot.
High-risk areas for Houston pedestrian accidents include:
- Major Houston highways including I-10, I-45, and the Beltway;
- Busy intersections in Downtown Houston and the Medical Center;
- Shopping centers and commercial districts throughout Harris County;
- School zones and residential neighborhoods with poor lighting.
Find out if you have a case. Contact our pedestrian accident attorney for a free, confidential case review.
Determining Fault in Pedestrian Accidents
Establishing fault in pedestrian accident cases requires a thorough investigation and understanding of Texas traffic laws. Our pedestrian accident lawyers work with experts to build compelling evidence of driver negligence.
Driver Negligence & Right-of-Way Laws
Under Texas Transportation Code §552.002, drivers must yield the right of way to pedestrians who are crossing the road in accordance with a walk signal. Vehicles must yield to pedestrians when:
- Pedestrians are crossing in a crosswalk, even when the driver is making a turn.
- The driver is pulling out of or into a driveway or alley.
- Another driver has stopped for a pedestrian crossing the street.
- Traffic signals indicate pedestrian right-of-way.
A driver’s failure to follow any traffic laws can cause catastrophic injuries to pedestrians. If the accident results from the negligent driver’s breach of duty, they may be found legally liable for all damages.
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code Chapter 33, meaning pedestrians can still recover compensation even if partly at fault. A plaintiff can recover damages only if they are 50% or less at fault for the incident. If the plaintiff is found to be over 50% at fault, they are barred from recovering any damages. However, pedestrians must yield to vehicles when:
- Crossing away from or outside of a crosswalk;
- Signage or traffic controls instruct them not to cross;
- Crossing between two adjacent signalized intersections (unless in a marked crosswalk);
- Crossing diagonally across an intersection without authorization;
- Crossing a high-speed roadway except at an overpass or underpass.
Steps to Take After a Pedestrian Crash
Your actions immediately after a pedestrian accident can significantly impact your health and legal claim. Follow these critical steps to protect your rights.
Calling Authorities & Seeking Medical Help
Your safety and health are the top priorities after any vehicle accident involving a pedestrian:
- Get to safety: Move to a safe location away from traffic if possible.
- Call 911 immediately: Request police and emergency medical services.
- Seek medical attention: Accept ambulance transport even if you feel “fine” – adrenaline can mask serious injuries.
- Report the accident: Cooperate with police but avoid admitting fault or discussing details beyond basic facts.
Preserving Evidence and Witness Information
Evidence preservation is crucial for your pedestrian accident claim:
- Document the accident scene: Take photos of vehicle damage, your injuries, and road conditions;
- Gather witness information: Get contact details and statements from anyone who saw the crash;
- Exchange information: Obtain the driver’s insurance details and contact information;
- Preserve physical evidence: Keep damaged clothing and personal items;
- Contact a pedestrian hit by car lawyer: Call our firm immediately to protect your rights.
Get legal help preserving evidence. Contact our Houston pedestrian injury lawyer today at (713) 322-7623.
Injuries Commonly Sustained by Pedestrians
When an unprotected pedestrian is struck by a motor vehicle, the results are often catastrophic. Our pedestrian car accident lawyers have extensive experience handling claims involving severe injuries.
Broken Bones & Orthopedic Trauma
The impact force from motor vehicle accidents frequently causes:
- Broken bones: Fractures to legs, arms, ribs, and pelvis from direct impact;
- Hip fractures: Common in elderly pedestrians and often requiring surgery;
- Compound fractures: Severe breaks where bone pierces the skin;
- Crush injuries: Damage to multiple bones and surrounding tissue.
Head, Brain & Spinal Injuries
The most serious pedestrian accident injuries involve the head and spine:
- Traumatic brain injuries: Concussions, contusions, and permanent cognitive damage;
- Spinal cord injuries: Partial or complete paralysis affecting quality of life;
- Neck injuries: Whiplash and cervical spine damage;
- Wrongful death: Fatal injuries requiring immediate family legal action.
These catastrophic injuries often require extensive medical treatment and long-term rehabilitation, making maximum compensation essential.
Compensation for Pedestrian Accident Claims
Texas pedestrian accident victims can recover both economic and non-economic damages when we successfully prove driver negligence caused their injuries.
Medical Costs & Lost Income
Economic damages have clear financial value and include:
- Medical expenses: Emergency room visits, surgeries, hospital stays, and rehabilitation;
- Future medical care: Ongoing treatment, therapy, and adaptive equipment needs;
- Lost wages: Income lost while recovering from pedestrian accident injuries;
- Reduced earning capacity: Compensation when injuries prevent return to previous employment;
- Property damage: Personal items damaged in the crash.
Pain and Suffering & Permanent Disability
Non-economic damages compensate for intangible losses:
- Pain and suffering: Physical discomfort and emotional distress from injuries;
- Mental anguish: Anxiety, depression, and trauma resulting from the accident;
- Diminished quality of life: Inability to participate in activities you previously enjoyed;
- Permanent disability: Compensation for lasting impairments affecting daily life;
- Disfigurement and scarring: Damages for permanent physical changes.
Discover what your case could be worth. Schedule your free consultation with our pedestrian hit by car attorney today.
How Much Is My Houston Pedestrian Accident Case Worth?
Every pedestrian accident claim is different, making it impossible to predict exact compensation amounts without evaluating specific case details. However, pedestrian accidents often result in substantial financial awards because victims were unprotected during the collision.
Factors that influence your case value include:
- Injury severity: More serious injuries typically result in higher compensation;
- Medical expenses: Total cost of treatment and ongoing care needs;
- Lost income: Wages lost and future earning capacity affected;
- Age and occupation: Younger victims and higher earners may receive more;
- Degree of negligence: Clear driver fault strengthens your claim;
- Insurance coverage: Available policy limits affect maximum recovery.
Our pedestrian injury attorneys work with economic experts and medical professionals to accurately value all current and future losses, ensuring you receive maximum compensation for your pedestrian accident case.
Request free help with your claim. Call our Houston pedestrian lawyer at (713) 322-7623 for immediate assistance.
Deadlines for Filing Pedestrian Injury Claims
Texas law imposes strict deadlines for filing pedestrian accident claims. Missing these deadlines can permanently bar your right to compensation.
Texas Statute of Limitations
Under Texas Civil Practice and Remedies Code §16.003, a person must bring suit for personal injury not later than two years after the day the cause of action accrues, and must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. This deadline applies to:
- Claims against the negligent driver;
- Third-party insurance claims;
- Uninsured motorist claims through your own insurance.
Some exceptions may extend this deadline, but they’re rare and require immediate legal evaluation. Don’t risk losing your right to compensation by waiting.
Hit-and-Run Considerations
Hit and run pedestrian accidents create additional complexities:
- Police investigation may take time to identify the driver;
- Your own insurance may provide uninsured motorist coverage;
- Crime victim compensation programs may offer additional benefits;
- The statute of limitations still applies even if the driver isn’t immediately found.
Our pedestrian accident attorneys immediately begin investigating hit-and-run cases to identify all available compensation sources.
Related Resources
- Houston Bicycle Accident Lawyer: Learn about your legal options when cyclists are struck by motor vehicles, including liability and compensation rights.
- Houston Uninsured & Underinsured Motorist Claims: Understand how to recover compensation when hit-and-run drivers or uninsured motorists cause pedestrian accidents.
- Houston Dram Shop Claims: Discover how Texas law holds bars and restaurants accountable when intoxicated patrons cause pedestrian accidents.
- Houston Catastrophic Injury Lawyer: Get specialized help for life-altering injuries commonly sustained in pedestrian accidents.
- Houston Intersection Accident Attorney: Learn about liability when pedestrians are struck at Houston’s dangerous intersections and crosswalks.
- Contributing Factors on a Texas Crash Report: Understand what the “Contributing Factors” section of your pedestrian accident crash report really means.
- Recovering Medical Expenses From an Uninsured Driver: Find out what legal options you have after being hit by an uninsured motorist as a pedestrian in Texas.
- Thousands Killed by Speeding Drivers Every Year: Learn about the devastating impact of speeding drivers on pedestrians and other vulnerable road users in Texas.
Pedestrian Accident FAQs
Can I Recover If I Was Jaywalking?
Yes, you may still recover compensation even if you were jaywalking when struck by a vehicle. Texas follows comparative negligence rules, allowing recovery if you’re less than 51% at fault for the pedestrian accident. Even if you crossed outside a crosswalk, the driver may still be primarily responsible if they were speeding, distracted, or violated other traffic laws. Our pedestrian hit by car lawyer will evaluate all factors to determine your rights.
What If the Driver Was Uninsured?
If the negligent driver has no insurance, you may still recover compensation through several sources. Currently, an estimated 20 percent of Texas drivers are uninsured, according to the Texas Department of Motor Vehicles. Your own uninsured motorist coverage may apply to pedestrian accidents. Additionally, if you were a passenger in a vehicle when struck as a pedestrian, that vehicle’s insurance might provide coverage. Our pedestrian accident attorney near me will explore all available insurance policies and compensation sources for your case.
How Long Do Pedestrian Accident Cases Take?
Pedestrian accident cases typically take several months to resolve, depending on injury severity and case complexity. Simple cases with clear liability may settle within 3-6 months, while complex cases involving catastrophic injuries or disputed fault may take 1-2 years or longer. We generally don’t settle until you reach maximum medical improvement, ensuring we know the full extent of your damages. Our experienced pedestrian injury attorney will work efficiently while fighting for maximum compensation.