When a pedestrian is hit by a car in Texas, the at-fault driver can be held liable for the victim’s medical expenses, lost income, and pain and suffering. Most people in that situation have never dealt with a serious injury claim before — and the insurance company on the other side has. An East Texas personal injury attorney levels that playing field and makes sure you’re not pressured into settling for less than your case is worth.
Who Is at Fault When a Car Hits a Pedestrian in Texas?
In Texas, fault in a pedestrian accident is determined by which party failed to meet their legal duty of care. Drivers are required under the Texas Transportation Code to yield to pedestrians at crosswalks, both marked and unmarked, and to exercise due care to avoid striking anyone on foot, regardless of where the collision occurs. When a driver violates these duties and injures someone on foot, that driver can be held legally and financially responsible for the harm caused.
Texas uses a modified comparative fault system called proportionate responsibility. Under this rule, a court or jury assigns a percentage of fault to each party involved in the accident. If you were jaywalking, crossing against a traffic signal, or distracted by your phone when the collision happened, the insurance company will likely argue that you share some of the blame.
Under this rule, if your fault is greater than 50 percent, Texas law bars you from recovering any damages at all. If you are 50% or less to blame, you can still recover damages. However, the amount of your compensation is reduced by your percentage of fault.
Building a clear picture of fault early in the process can make a significant difference in the outcome of your claim. Traffic camera footage, eyewitness statements, the official police report, and the driver’s cell phone records are all forms of evidence that can help demonstrate whether the driver was speeding, distracted, impaired, or failed to yield the right of way.
What Compensation Can You Recover After a Pedestrian Accident?
In a Texas pedestrian accident claim, an injured person may be entitled to compensation for medical expenses, lost income, pain and suffering, and property damage. Because pedestrians have no physical protection from impact, these injuries are often severe — and the financial losses that follow can stretch well beyond what an initial insurance offer will cover.
Damages that may be available in a Texas pedestrian accident claim include:
- Medical expenses, including emergency treatment, surgeries, hospitalization, prescription medications, physical therapy, and projected future care
- Lost income from wages missed during your recovery, along with diminished earning capacity if your injuries prevent you from returning to your previous line of work
- Pain and suffering, which covers physical pain, emotional distress, loss of enjoyment of life, and the overall impact on your daily routine
- Property damage for personal belongings destroyed or damaged in the collision, such as electronics, clothing, or mobility devices
The financial toll of these accidents extends well beyond individual cases. In 2024, more than 6,000 pedestrian crashes occurred across Texas, resulting in 772 deaths and nearly 1,500 serious injuries. Even in East Texas, where traffic volumes tend to be lower than in major urban centers, the TxDOT Tyler District recorded 18 pedestrian fatalities in 2025. These numbers highlight just how devastating pedestrian accidents are and why pursuing full compensation matters.
What Should You Do After Being Hit by a Car as a Pedestrian?
The actions you take in the hours and days after a pedestrian accident can directly shape the strength of your legal claim. If you are physically able, remain at the scene and call 911 immediately. A police report creates an official record of what happened, including the responding officer’s observations about fault, road conditions, and whether the driver was cited for a traffic violation.
Getting medical attention right away is just as important, even if you feel relatively okay at first. Injuries like concussions, internal bleeding, and soft tissue damage often have delayed symptoms that do not fully appear for hours or days after the impact. Prompt medical documentation creates a direct link between the accident and your injuries, which makes it harder for the insurance company to claim your condition was pre-existing or unrelated to the collision.
Preserve as much evidence as you can. Take photos of the accident scene, your injuries, the vehicle involved, and any relevant road features like crosswalks, traffic signals, or skid marks. Write down the names and contact information of any witnesses while the details are still fresh.
Most importantly, do not give a recorded statement to the at-fault driver’s insurance company before speaking with an attorney, because adjusters are trained to ask questions designed to reduce your payout or shift fault in your direction.
How Long Do You Have to File a Pedestrian Accident Claim in Texas?
The state’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. This deadline applies to nearly all pedestrian accident cases in Texas. If you miss it, the court will almost certainly dismiss your claim, regardless of how strong your evidence may be.
Two years can pass faster than you expect when you are focused on recovering from serious injuries. Building an effective case requires collecting medical records, obtaining the full police report, gathering witness testimony, and often consulting medical or accident reconstruction experts.
In Anderson County, Houston County, and communities throughout the Palestine area, where rural roads and higher speed limits can increase the severity of pedestrian collisions, preserving physical evidence quickly is especially important. Getting an attorney involved early gives you the strongest foundation to pursue the compensation your injuries warrant.
Protect Your Rights After a Pedestrian Accident in East Texas
If you or someone close to you was hit by a car while walking in East Texas, you do not have to face the insurance company alone. PINEYWOODS LAW™ has been helping accident victims across Anderson County, Houston County, and the surrounding communities pursue the compensation they need to move forward. Reach out to PINEYWOODS LAW™ today for a free consultation to discuss your case and learn what options are available to you.
