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Houston Trial Lawyers Association
State Bar of Texas
Texas Trial Lawyers Association
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Houston Pedestrian Accident Attorneys
Houston’s wide, high-speed roads make walking one of the most dangerous things a person can do in this city. When a driver fails to yield, runs a red light, or simply isn’t paying attention, the pedestrian has no protection and absorbs the full force of the impact. At The Moudgil Law Firm, we represent injured pedestrians and grieving families across Houston, holding negligent drivers accountable and fighting for the compensation our clients deserve.
Pedestrian Accident Injuries in Houston, Texas: Understanding Your Rights and Your Legal Options
A pedestrian struck by a 3,000-pound vehicle rarely walks away unharmed. Broken bones, head trauma, spinal injuries, and internal damage are common even at low speeds — and the medical bills add up fast. Insurance companies know this, which is why they often pressure injured pedestrians to accept quick, lowball settlements before the full extent of their injuries is clear.
You don’t have to face the insurance company alone. The Moudgil Law Firm understands how Texas pedestrian law works, how to prove a driver was at fault, and how to document the true cost of your injuries. We handle every part of your claim so you can focus on healing.
Houston Pedestrian Accident Statistics
Pedestrian deaths in Texas remain dangerously high, and Houston accounts for a large share of them. According to the Texas Department of Transportation, pedestrians make up only about 1% of traffic crashes but nearly 19% of all roadway fatalities in the state.
- 768 pedestrians were killed on Texas roads in 2024, with another 1,455 seriously injured (TxDOT).
- 119 pedestrians died on Houston streets in 2024 — roughly one pedestrian death every three days.
- Speed is the deciding factor: a pedestrian struck at 40 mph has roughly a 9-in-10 chance of being killed, compared to 1–2 in 10 at 20 mph.
- Most fatal pedestrian crashes happen on surface streets with speed limits of 45 mph or higher, not freeways.
The Centers for Disease Control and Prevention reports that older adults and children are especially vulnerable, and that alcohol — for the driver or the pedestrian — is involved in nearly half of all fatal pedestrian crashes nationwide.
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Texas Pedestrian Accident Law Overview
Texas law gives pedestrians significant protections, but it also imposes duties on people on foot. Under the Texas Transportation Code Chapter 552, drivers must yield the right-of-way to pedestrians lawfully crossing in a marked or unmarked crosswalk, while pedestrians must obey traffic signals and avoid suddenly stepping into the path of an oncoming vehicle.
Texas also strengthened pedestrian protections through the Lisa Torry Smith Act (2021), which makes it a criminal offense for a driver to seriously injure or kill a pedestrian who has the right-of-way in a crosswalk. A driver’s criminal liability is separate from your civil claim — but a citation or charge can serve as powerful evidence of negligence in your injury case.
Common Causes of Houston Pedestrian Accidents
Most pedestrian crashes come down to driver negligence. The causes we see most often include:
- Failure to yield at crosswalks and intersections
- Distracted driving — texting, phone use, or in-car distractions
- Speeding, which reduces reaction time and increases impact severity
- Drunk or impaired driving, especially at night and near entertainment districts
- Running red lights and stop signs
- Failure to use headlights or see pedestrians in low-visibility conditions
- Turning vehicles that don’t check for people in the crosswalk
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Where Pedestrian Accidents Happen Most in Houston
Houston’s busiest and fastest corridors produce the most serious pedestrian crashes. High-risk areas include major surface streets like Westheimer Road, Bellaire Boulevard, and Bissonnet Street, along with dense, high-traffic zones near Downtown, the Texas Medical Center, and Midtown. Many of these roads were designed to move vehicles quickly, leaving people on foot exposed at crossings and intersections.
Common Pedestrian Accident Injuries
Because pedestrians have no protective barrier, the injuries are frequently catastrophic and life-altering:
- Traumatic brain injuries (TBI) and concussions
- Spinal cord injuries and paralysis
- Broken bones and crush injuries
- Internal organ damage and internal bleeding
- Severe lacerations, scarring, and disfigurement
- Emotional trauma, including PTSD
The National Highway Traffic Safety Administration notes that pedestrians are far more likely than vehicle occupants to suffer fatal or disabling injuries in any given crash — which is why prompt medical documentation is critical to your claim.
Who Can Be Held Liable for a Pedestrian Accident?
The at-fault driver is the most common defendant, but liability can extend further depending on the circumstances:
- The driver who struck you through negligent or reckless conduct
- An employer, if the driver was working at the time (delivery, rideshare, or commercial driving)
- A government entity, if a poorly designed intersection, broken signal, or missing crosswalk contributed to the crash
- A vehicle manufacturer, if a defective component prevented the driver from stopping
To recover compensation, your attorney must establish the four elements of negligence: that the driver owed you a duty of care, breached that duty, directly caused your injuries, and that you suffered actual damages as a result.
What If You Were Partly at Fault?
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code Chapter 33. You can still recover damages as long as you were 50% or less at fault — but your compensation is reduced by your percentage of responsibility. Insurance companies frequently try to shift blame onto pedestrians to cut their payout, which is exactly why having an attorney matters.
What Compensation Can You Recover?
Injured pedestrians in Texas can pursue both economic and non-economic damages:
- Medical expenses — emergency care, surgery, hospitalization, rehabilitation, and future treatment
- Lost wages and reduced earning capacity
- Pain and suffering and emotional distress
- Disfigurement and permanent disability
- Loss of enjoyment of life
When a pedestrian accident is fatal, surviving family members may pursue a wrongful death claim to recover funeral costs, lost financial support, and loss of companionship under Texas Civil Practice and Remedies Code Chapter 71.
Texas Pedestrian Accident Statute of Limitations
In Texas, you generally have two years from the date of the accident to file a pedestrian injury lawsuit under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline usually means losing your right to compensation entirely.
Important Exceptions
If a government entity is involved, you may need to file a formal notice of claim within a much shorter window — often as little as six months. If the injured pedestrian is a minor, the clock may not start until they turn 18. Because these exceptions are strict and fact-specific, it’s best to speak with an attorney as soon as possible.
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How The Moudgil Law Firm Can Help Your Pedestrian Accident Case
Thorough Investigation
We gather police reports, traffic and surveillance camera footage, witness statements, and accident reconstruction analysis to establish exactly how the crash happened and who was at fault.
Proving the Driver’s Negligence
We connect the driver’s conduct — speeding, distraction, or failing to yield — directly to your injuries, building a case the insurance company can’t easily dismiss.
Documenting the Full Value of Your Claim
We work with medical experts and life-care planners to project future treatment costs, so you aren’t left covering long-term care out of pocket.
Aggressive Negotiation
We handle every conversation with the insurance company and negotiate from a position of strength, fully prepared to take your case to trial if they refuse to offer a fair settlement.
Why Choose The Moudgil Law Firm for Your Houston Pedestrian Accident Case?
As a dedicated Houston personal injury law firm, we bring local knowledge of Houston courts, roadways, and insurance tactics to every case. Attorney Pulkit Moudgil personally handles your claim — you’re never passed off to a junior associate. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win.
If you were injured on foot in a crash involving a car, commercial truck, or rideshare vehicle, we can help. We also represent injured cyclists facing many of the same dangers on Houston’s roads.
Call (832) 476-3209 or request your free case evaluation today.
ANSWERS FOR ACCIDENT VICTIMS
Frequently Asked Questions
We believe in keeping our clients fully informed throughout every stage of the legal process, empowering them to make well-informed decisions about their cases.
Who is at fault when a pedestrian is hit by a car in Houston?
Fault depends on who acted negligently. If a driver failed to yield, was speeding, or was distracted, they are typically liable. However, a pedestrian who crossed against a signal or stepped suddenly into traffic may share fault. Texas comparative negligence rules allow recovery as long as the pedestrian is 50% or less responsible.
What should I do immediately after a pedestrian accident?
Call 911 and seek medical attention right away, even if you feel fine — some injuries appear hours or days later. If you’re able, take photos of the scene, get the driver’s information, and collect witness contact details. Avoid giving a recorded statement to the insurance company before speaking with an attorney.
How long do I have to file a pedestrian accident claim in Texas?
You generally have two years from the date of the accident to file a personal injury lawsuit in Texas. Shorter deadlines apply if a government entity is involved, and the deadline may be extended for minors. Acting quickly protects critical evidence like camera footage and witness memories.
What if the driver who hit me had no insurance or fled the scene?
You may still have options. Your own auto policy’s uninsured/underinsured motorist coverage can sometimes apply even when you’re injured as a pedestrian. In hit-and-run cases, an attorney can help identify the driver through investigation and pursue available coverage on your behalf.
How much is my Houston pedestrian accident case worth?
Case value depends on the severity of your injuries, your medical costs, lost income, future care needs, and the impact on your life. Catastrophic injuries like brain or spinal damage carry significantly higher value. The best way to understand your claim’s worth is a free case review with our team.
Do I need a lawyer for a pedestrian accident claim?
While you can file on your own, insurance companies routinely undervalue pedestrian claims and try to shift blame to the injured person. An experienced attorney can prove liability, counter unfair fault arguments, document your damages, and negotiate a settlement that reflects the true cost of your injuries.