In Texas, liability in a pedestrian accident is determined by negligence, meaning whoever failed to act with reasonable care and caused the crash is responsible for the damages.
Drivers, pedestrians, employers, government agencies, and property owners can all share fault depending on the circumstances. Texas’s modified comparative negligence law then determines how much each party pays based on their percentage of fault.
Who Can Be Held Liable For a Pedestrian Accident
In Texas, liability falls on the party whose negligence caused the crash. Negligence is a legal term that simply means failing to act with reasonable care, and in pedestrian accidents, more than one party can share that failure.
Here’s who may be held responsible:
- The driver: Most pedestrian accident claims involve a driver who was speeding, distracted, impaired, or failed to yield.
- The pedestrian: If you stepped into traffic unexpectedly or crossed against a signal, you may share some fault.
- An employer: If the driver was working at the time, think delivery drivers or commercial truckers, their employer may also be liable.
- A city or government agency: Broken signals, missing crosswalk markings, and poor road design can make a government entity responsible.
- A property owner or business: Dangerous parking lots, poor lighting, or obstructed sightlines on private property can create liability too.
As an experienced pedestrian accident attorney in Lubbock, Texas, I investigate every possible source of liability in every case I take, because the more parties responsible, the greater your potential recovery.
What Is the 51 Percent Rule in Texas?
Texas follows a system called modified comparative negligence, and the 51 percent rule is its defining feature. It means you can recover compensation only if you are 50% or less at fault for the accident. If a jury finds you 51% or more responsible, you recover nothing, regardless of how badly you were hurt.
This rule is codified in Chapter 33 of the Texas Civil Practice and Remedies Code, and it applies to virtually every personal injury claim in the state.
How Does Comparative Fault Change Your Recovery?
Your compensation is reduced by your percentage of fault. So if a jury awards you $100,000 but finds you 20% responsible, you take home $80,000. Cross the 51% line, and that same award drops to zero.
| Pedestrian Fault | Driver Fault | Recovery on $100,000 |
| 0% | 100% | $100,000 |
| 20% | 80% | $80,000 |
| 50% | 50% | $50,000 |
| 51% | 49% | $0 |
That one-percent difference between 50% and 51% is the difference between a meaningful recovery and walking away with nothing. Insurance adjusters know this, and they will work hard to push your fault above that threshold. That’s exactly why having an attorney in your corner matters.
What Duties Do Drivers and Pedestrians Have Under Texas Law?
Texas law places clear responsibilities on both drivers and pedestrians. Under Texas Transportation Code §552, both parties must follow traffic rules, and violating those rules is strong evidence of negligence in a personal injury claim.
Driver Duties Under the Texas Transportation Code
Drivers carry significant responsibility when it comes to pedestrian safety:
- Yielding at crosswalks: Drivers must yield to pedestrians lawfully crossing in marked or unmarked crosswalks.
- Extra care near vulnerable users: Drivers are required to take added precautions around children, elderly individuals, and anyone who appears confused or impaired.
- No distracted driving: Using a phone or otherwise failing to pay attention while driving can establish negligence outright.
Pedestrian Responsibilities and the Jaywalking Myth
Pedestrians must also follow the rules of the road, but there’s a common myth worth clearing up. Many people believe that crossing outside a crosswalk automatically kills a claim. It doesn’t.
In Texas, crossing mid-block is not automatically illegal; pedestrians simply must yield to vehicles when doing so. It may increase your share of fault, but it rarely ends your case entirely.
How Do You Prove Fault in a Pedestrian Accident?
To prove fault, you need evidence showing four things: the other party had a duty to act safely, they breached that duty, their actions caused the accident, and you suffered real damages as a result. Insurance companies begin building their version of events immediately, so you need to move fast.
Critical Evidence to Gather Right Away
- The official police report from the accident.
- Photos and videos of the scene, the vehicle, your injuries, and road conditions.
- Names and contact information for any witnesses.
- Surveillance footage from nearby businesses or traffic cameras.
- Medical records that connect your injuries directly to the accident.
How to Preserve Video and Digital Evidence
Surveillance footage can be automatically deleted quickly, so it’s important to preserve it as soon as possible. I immediately send legal preservation letters to businesses and government agencies, demanding that they retain any relevant recordings.
At Perrin Law PLLC Injury & Accident Lawyer, I can also subpoena a driver’s cell phone records and pull data from a vehicle’s event data recorder, commonly called a “black box”, to prove distraction or speeding.
Can You Sue a City or Government After a Pedestrian Accident?
Yes, but these claims are much harder to bring than a standard personal injury lawsuit. Claims against government entities are governed by the Texas Tort Claims Act (TTCA), a state law that limits when and how you can sue a city, county, or state agency.
Deadlines Under the Texas Tort Claims Act
The TTCA requires you to file a formal written notice of your claim with the government entity, often within six months of the accident. Some cities have notice deadlines as short as 90 days. Miss that window, and your claim is gone before it ever starts.
To win, you also need to show the government knew or should have known about the dangerous condition. Prior complaints, maintenance records, and documented histories of similar accidents at the same location are all powerful pieces of evidence.
What Damages Can You Recover?
Texas law allows you to recover two main categories of compensation: economic damages and non-economic damages. In rare cases involving extreme misconduct, punitive damages may also be available.
Medical Bills, Lost Wages, and Future Care
Economic damages cover every financial loss tied to your injury. This includes emergency room visits, surgeries, physical therapy, prescriptions, and any future medical treatment you will need. It also covers wages you’ve already lost and any reduction in what you’ll be able to earn going forward.
Pain, Mental Anguish, and Disfigurement
Non-economic damages compensate you for losses that don’t come with a price tag. Physical pain, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement all fall into this category. These damages are real, and I fight hard to make sure they are fully valued.
Wrongful Death and Survival Claims
If a pedestrian accident is fatal, two separate legal claims may be available. A wrongful death claim is brought by surviving family members for their own losses, lost financial support, companionship, and grief. A survival claim is filed on behalf of the estate and covers what the victim suffered before they died, including pain and medical expenses.
What Insurance Pays After a Pedestrian Accident?
Compensation most often comes from the at-fault driver’s auto liability insurance. Texas requires drivers to carry minimum liability limits of $30,000 per person and $60,000 per accident, but those limits can fall far short in serious injury cases.
That said, other policies may also apply:
- Uninsured Motorist (UM) coverage: If the driver who hit you had no insurance, your own UM policy can step in, even though you were on foot, not in a car.
- Underinsured Motorist (UIM) coverage: If the driver’s policy isn’t enough to cover your damages, your UIM coverage makes up the difference.
- Personal Injury Protection (PIP): Texas auto policies include PIP by default unless you reject it in writing. It covers medical bills and lost wages regardless of who was at fault.
What to Do After a Pedestrian Accident
At the Scene
- Call 911 immediately and request medical help.
- Accept emergency medical evaluation, even if you feel okay.
- Take photos of the scene, the vehicle, the driver’s license plate, and your injuries.
- Get contact information from the driver and any witnesses.
- Do not apologize or admit any fault to anyone.
After Leaving the Scene
- See a doctor for a full evaluation as soon as possible.
- Keep every medical bill, receipt, and document related to the accident.
- Do not give a recorded statement to the at-fault driver’s insurance company.
- Contact Perrin Law PLLC Injury & Accident Lawyer before signing any documents or accepting any settlement offers.
How Long Do You Have to File in Texas?
The standard deadline to file a personal injury lawsuit in Texas is two years from the date of the accident. Miss that deadline, and you permanently lose the right to pursue compensation.
If your claim involves a city, county, or state agency, the clock moves much faster. The Texas Tort Claims Act often requires formal notice within six months, sometimes less. I move quickly on every case to make sure no deadline is missed and no evidence is lost.
Knowledgeable Pedestrian Accident Lawyer in Lubbock, Texas
Pedestrian accident cases move fast, and so do insurance companies. The sooner you have an experienced attorney in your corner, the better your chances of a full recovery.
I have extensive experience representing injury victims across Texas, and I prepare every case as if it will go to trial. That approach sends a clear message to insurance companies: I’m not settling for less than what you deserve.
You pay nothing unless I win your case. Reach out to Perrin Law PLLC Injury & Accident Lawyer today for a free, confidential consultation.
Frequently Asked Questions
Does a Driver’s Auto Insurance Cover Injuries to a Pedestrian?
Yes, a driver’s auto liability insurance covers pedestrian injuries they cause, up to the policy’s limits.
Can I Still Recover Compensation if I Was Jaywalking?
Yes, as long as you are found 50% or less at fault under Texas’s comparative fault rules, you can still recover damages.
What Happens if the Driver Who Hit Me Had No Insurance?
You can file a claim under your own Uninsured Motorist (UM) coverage, which applies even when you are injured as a pedestrian rather than a driver.
Does My UM or UIM Coverage Apply When I Am on Foot?
Yes, UM and UIM coverage follows you as a person, not your vehicle, so it protects you whether you are driving, walking, or biking.
Can a Child Be Found at Fault in a Pedestrian Accident?
Texas holds children to a lower standard of care than adults, which makes it very difficult to assign significant fault to a young child.
Am I Required to Give the Other Driver’s Insurance Company a Recorded Statement?
No, you are not legally required to give a recorded statement to the at-fault driver’s insurer, and you should speak with an attorney before doing so.