Hit While Walking in Houston?
Houston Pedestrian Accident Attorney
Houston is spread out and built around cars, so it is not an easy city to walk in. Because there are so few people on foot, many drivers do not watch for them at crosswalks outside of downtown. When drivers ignore pedestrians, the result is more pedestrian accidents. If you or someone you love has been hurt, call The Texas Bulldog for a free case evaluation.
Quick Answer: Can I Recover If a Driver Hit Me While Walking?
If a driver hit you while you were walking in Texas, you can generally pursue a claim if the driver failed to yield the right of way or was otherwise negligent, even if you were not in a marked crosswalk. Comparative fault may reduce, but does not necessarily bar, your recovery. The Miller Law Firm offers a free case review.
Drivers must legally yield the right of way. They should stop or slow down for pedestrians in a crosswalk. But Houston drivers do not always use caution, and when a pedestrian accident happens, the finger pointing begins. The Texas Bulldog will research your case and take the steps needed to prove the driver was at fault.
Watch
Houston Pedestrian Accident Lawyer: Fighting for Injured Walkers
Adam Miller — The Texas Bulldog — on pedestrian accident cases in Houston.
By the Numbers
Pedestrian Crashes in Houston and Texas
Walking in Houston can be risky. Statewide, pedestrians make up nearly 1 in 5 traffic deaths, even though they are involved in only about 1 percent of crashes.
10,600+pedestrians struck on Houston roads, 2010 to 2018Rice Kinder Institute
587of those pedestrians were killedRice Kinder Institute
6,095pedestrian crashes in Texas in 2024TxDOT
770+pedestrians killed in Texas in 2024TxDOT
Houston figures come from the Rice Kinder Institute. Texas figures come from TxDOT's pedestrian crash data for 2024.
Houston's Vision Zero work targets a "High Injury Network" of corridors where severe pedestrian crashes cluster. Our team uses this kind of data when we investigate your case and when we argue for full compensation.
Texas Right-of-Way Laws for Pedestrians
Yes, drivers must stop for people in crosswalks. Texas Transportation Code § 552.003 requires a driver to stop and yield to a pedestrian in a crosswalk when no signal is operating and the pedestrian is on the driver's half of the road or close enough to be in danger. If the driver fails to yield, the driver can be held liable.
Drivers Must Yield
At an unsignaled crosswalk, drivers must stop for a pedestrian on their half of the road, or one approaching from the other side who is close enough to be in danger. The law also protects "sidewalk users," such as people on mobility devices, who cross at crosswalks.
Pedestrians Must Yield Outside Crosswalks
Outside a crosswalk, pedestrians must yield to vehicles (§ 552.005). Insurance companies love to twist this rule. We counter with roadway design, lighting, and driver behavior evidence to show the driver, not the walker, caused the crash.
Under Chapter 552 of the Texas Transportation Code, drivers must also take care to avoid hitting pedestrians on the road, sound the horn when needed, and be extra careful when they see a child or a confused or disabled person in the road.
How Pedestrian Accidents Happen
Pedestrian accidents usually happen because of a mix of dangerous driving, environmental hazards, and design flaws. These are the main causes we investigate.
1
Failure to Yield
Even when you are lawfully crossing, in a crosswalk, at an intersection, or stepping off a sidewalk, drivers are required to yield. Too often they ignore or misjudge whether they must stop.
2
Speeding
Higher speeds cut reaction time and lengthen stopping distance. A speeding driver may not be able to brake or swerve in time.
3
Distracted Driving
A driver glancing at a phone, adjusting music, or talking to passengers can miss a person crossing mid-block.
4
Impaired Driving
Alcohol, drugs, or fatigue dull vision, judgment, and reaction time. Pedestrians are especially vulnerable.
5
Dark or Low Visibility
At night, dusk, in heavy rain or fog, or in glare, a pedestrian can be hard to see, especially in dark clothing or unlit areas.
6
Equipment Failures
Brake failure, tire blowouts, or bad headlights can make a driver lose control. The manufacturer or a maintenance provider may share liability.
7
Turning Drivers
Drivers turning across a crosswalk often focus on oncoming traffic and fail to scan for pedestrians, especially on multi-lane roads.
8
Crossing Mid-Block
Texas law allows recovery under comparative fault if the pedestrian is 50% or less at fault. Even when crossing illegally, a pedestrian may have a claim.
9
Road Design Defects
Poor crosswalk placement, missing sidewalks, bad lighting, wide crossings, and a lack of pedestrian islands all raise the danger. Cities can bear responsibility for negligent design or maintenance.
10
Second Collisions
A pedestrian may be clipped by one vehicle and then struck by another, or hit by debris thrown from a crash.
To determine fault, we reconstruct the scene, interview witnesses, analyze traffic and surveillance footage, study skid marks and impact dynamics, and consult accident reconstruction experts.
Typical Injuries in Pedestrian Accidents
Because pedestrians are unprotected, injuries tend to be severe and often require months or years of care.
1
Head Injuries and TBI
Concussions and traumatic brain injuries are common in pedestrian strikes.
2
Spinal Cord Damage
Spinal injuries can cause partial or complete loss of feeling and movement.
3
Internal Injuries
Internal bleeding and organ damage from the force of the impact.
4
Fractures
Arms, ribs, and the face and skull are commonly broken, along with dental trauma.
5
Leg, Pelvis, and Amputation Injuries
Legs and the pelvis often take the first hit. Severe crush injuries can require amputation.
6
PTSD and Emotional Trauma
Post-traumatic stress and depression are common after a serious crash.
Other common injuries include soft tissue damage to ligaments and tendons, and long-term disability or disfigurement. If you or a loved one suffered a life-changing injury, read about catastrophic injury claims in Texas.
Proof We Gather
Evidence We Move Fast to Secure
Business and home camera footage is often overwritten in days. We move quickly to secure the evidence that shows what really happened.
Vehicle Data
Telematics and event data from the car that hit you.
Cell-Phone Records
Whether the driver was texting or on a call.
Signal Timing and Lighting
Intersection timing and street lighting studies.
High Injury Corridors
Vision Zero "High Injury Network" overlays for dangerous roads.
Camera Footage
Business, residential, and traffic cameras that capture the crash.
Night Visibility
Headlight compliance and how visible you were after dark.
Driver History
Impairment, speed, and the driver's past record.
Scene Reconstruction
Skid marks, impact dynamics, and expert analysis.
Who Can Be Held Liable in a Pedestrian Crash
Liability may not rest only with the driver who struck you. We explore every possible defendant to maximize your recovery.
The Driver or Vehicle Owner
The at-fault driver and the owner of the vehicle.
An Employer or Fleet
A company can be responsible for a driver who was working at the time.
Manufacturers and Suppliers
If defective brakes, steering, or lighting played a part.
Government Entities
For poorly designed roads, missing crosswalks, or broken signals. Notice deadlines can be as short as six months.
Property Owners and Businesses
If their property design or signage forced dangerous crossing conditions.
Maintenance Contractors
If lighting, sidewalks, or signals were negligently maintained.
What If I Was Partly at Fault?
You may still have a claim. Texas follows modified comparative fault, so you can recover as long as you were not more than 50% at fault, and your compensation is reduced by your percentage of blame.
How Texas Comparative Fault Works
The percentage of blame assigned to you decides the outcome.
0% at fault50%100% at fault
You can still recoverYour compensation is reduced by your share of fault. If you are 20% at fault, your award is cut by 20%.
You collect nothingIf a jury finds you more than 50% responsible, Texas law bars recovery. That is why proving the driver's fault matters.
This is how many jaywalking and mid-block cases are decided. Read about what happens if a pedestrian was jaywalking and our Texas comparative fault guide.
Your Potential Compensation
What Compensation Can You Seek?
If you prevail in a pedestrian accident claim, you may recover these categories of damages.
Medical Expenses
ER bills, hospital stays, surgery, rehab, prosthetics, and future medical care and life-care plans.
Lost Income
Lost wages and reduced earning capacity.
Pain and Suffering
Physical pain, emotional distress, impairment, and disfigurement.
Permanent Disability
Compensation for lasting disability or scarring.
Loss of Enjoyment of Life
When you can no longer do the things you love.
Loss of Consortium
For spouses and family members affected by the injury.
Household Help and Mobility Aids
The practical costs of daily life after a serious injury.
Punitive Damages
In cases of gross negligence, such as drunk or reckless driving.
We also often pursue pre-judgment interest and hold negligent parties accountable for all past and projected costs. If your loved one died in a pedestrian crash, your family may have a wrongful death claim. If the driver fled or has no insurance, you may still have options through your own uninsured/underinsured motorist coverage. See our guides on hit-and-run accidents in Texas and UM/UIM coverage.
What to Do After a Pedestrian Crash
After a pedestrian crash, call 911, get medical care, document the scene, collect witnesses, and contact a pedestrian accident attorney before you speak with an insurance company.
1
At the scene
Call 911 and get a report
Ensure police document the scene and obtain the report number.
2
Right away
Get medical attention
Even if injuries seem minor, get evaluated and follow treatment plans.
3
At the scene
Document everything
Photos, video, skid marks, vehicle damage, clothing and shoes, and intersection controls.
4
As soon as possible
Collect witnesses
Names, phone numbers, and any statements while memories are fresh.
5
Before you talk to insurers
Contact a lawyer before insurers
Consult a pedestrian accident attorney to avoid harmful recorded statements and protect your rights.
How Much Does a Pedestrian Accident Attorney Cost?
The Texas Bulldog never charges anything unless we win your case. Our contingency fee contract means The Miller Law Firm does not get paid unless you recover money.
$0Upfront to hire us
$0Unless we win your case
$0For your first consultation
We cover the costs of researching, prosecuting, and litigating your case, including expert witnesses and court costs. If we win your case, we are reimbursed those costs. If we are not successful, we absorb them.
We don't chase accident victims, and we fight those who do. If a caller, case runner, or someone claiming to represent a law firm contacted you about your pedestrian accident before you reached out to anyone, that contact may be illegal under Texas law. The Texas Bulldog is a recognized voice against illegal lawyer solicitation and barratry. See our guide on what to do if a lawyer contacts you first.
Client Reviews
Nothing builds trust like hearing directly from the people we have helped. Here is what some of our clients say.
★★★★★
“Adam Miller and his staff are very kind, respectful and professional. They handled my situation very well and made me feel comfortable. I was even able to speak to him directly if I had to discuss any concern I had. I definitely recommend them.”
G Rodriguez
Google Review
★★★★★
“Miller Law Firm is your best choice if you are ever in an accident. They were with me every step of the way and helped me win big! Excellent customer service and an attorney that truly cares! Highly recommend!”
Devin Hebert
Google Review
★★★★★
“Adam Miller is representing me in regards to a vehicle related accident. He is honest, straight forward, and made me feel comfortable during a time of uncertainty. Do not hesitate to call the Miller Law Firm!”
Reed Harding
Google Review
★★★★★
“If you are ever in an accident contact the Miller Law Firm. They are so helpful and reliable. The staff there are amazing and knowledgeable about your case. If they don't know they will find out. Mr. Miller is amazing and funny. It's a Texas BullDog thing.”
Tericka Marshall
Google Review
Helpful Pedestrian Accident Guides
These guides go deeper on pedestrian accident claims in Houston and across Texas.
Pedestrian Injury Law Firm: Who PaysWho pays after a pedestrian accident, and how claims are handled.Read the guide →Pedestrian Accident Lawyer HoustonWhat a Houston pedestrian lawyer does for injured walkers.Read the guide →Understanding Your Rights After a Pedestrian AccidentYour rights and first steps after a crash in Houston.Read the guide →Hit in a Crosswalk: What to DoWhat to do after being hit in a crosswalk.Read the guide →Houston Crosswalk Accident LawyerHow crosswalk accident claims work in Houston.Read the guide →Pedestrian Hit While JaywalkingHow Texas fault rules apply when a pedestrian crossed outside a crosswalk.Read the guide →Southwest Freeway Pedestrian AccidentA Houston pedestrian crash and what it can teach.Read the guide →Pedestrian Struck by a METRO BusKnow your legal rights when a METRO bus is involved.Read the guide →Texas Hit-and-Run Accident GuideWhat to do, the law, and how to get compensated.Read the guide →Can You Collect After a Hit and Run?Your options when the driver flees.Read the guide →Texas Comparative Fault GuideHow shared fault can affect a claim.Read the guide →Should You Give a Recorded Statement?How insurance companies use recorded statements.Read the guide →
Pedestrian Accident FAQs
Here are answers to common questions from pedestrian accident victims in Houston.
What should I do immediately after a pedestrian accident in Houston?
Call 911, get a police report, seek medical care, take photos and video, collect witness names and contact info, and contact a pedestrian accident attorney before speaking with insurance.
Who pays my medical bills after a pedestrian accident?
Potential sources include the at-fault driver's liability insurance, your PIP/MedPay, health insurance, and in some cases uninsured/underinsured motorist coverage. An attorney can coordinate benefits and seek reimbursement from the liable party.
How long do I have to file a claim in Texas?
In Texas, the general statute of limitations for personal injury is two years from the date of the crash. Some claims have shorter notice deadlines (e.g., claims involving government entities), so act quickly.
What compensation can I recover?
Medical expenses, lost wages and earning capacity, pain and suffering, scarring and disfigurement, property damage, and, in egregious cases, punitive damages. Families may seek wrongful death damages when applicable.
What if the driver fled the scene?
Report the hit-and-run to police, gather any possible evidence (surveillance, dashcams, witnesses), and check for UM/UIM coverage. Attorneys can help pursue civil recovery while law enforcement investigates.
Do drivers have to stop for pedestrians in a crosswalk in Texas?
Yes. Texas Transportation Code § 552.003 requires drivers to stop and yield to a pedestrian in a crosswalk when no traffic signal is operating and the pedestrian is on the driver's half of the road or close enough to be in danger.
Can I recover if I was jaywalking or crossing mid-block?
Possibly. Texas uses modified comparative fault, so you can recover as long as you were not more than 50% at fault, though your compensation is reduced by your percentage of blame. Read our jaywalking guide.
Who can be held liable in a pedestrian accident?
The driver and vehicle owner, a company that employed the driver, a vehicle or parts manufacturer, a government entity responsible for road design or signals, a property owner, or a maintenance contractor may all share responsibility depending on the facts.
Can I sue a city if a bad road design contributed to my crash?
Sometimes, but claims against a city or other government entity have special rules, including a written notice deadline that can be as short as six months, and limits on damages. Call an attorney quickly.
Should I give a statement to the driver's insurance company?
Be careful. The adjuster works for the insurance company, not for you, and may use your words to shift blame onto you. Talk to a pedestrian accident attorney first. Read our recorded statement guide.
Ready to Speak With an Attorney?
Contact Our Law Firm
Our attorneys have recovered hundreds of millions of dollars for injured Texans. At The Miller Law Firm, we focus on helping injured victims and their families get the most they deserve of their financial recovery. We know that the success of your case depends on our hard work and dedication, and our attorneys go the extra mile from the first investigation through every part of the legal process.
The Texas Bulldog will fight aggressively for a favorable outcome, whether that means negotiating with an insurance company or taking your case to trial. Call (713) 572-3333 to schedule a free consultation.
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Address4900 Woodway Drive, Suite 900
Houston, TX 77056
Houston, TX 77056
Phone(713) 572-3333
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