Texas Pedestrian Accident Lawyers

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Josh Alexander, Texas personal injury attorney
Reviewed by Josh Alexander Texas injury attorneyMarine veteranUpdated Jun 2026
Super Lawyers Rising Stars Multi Million Dollar Advocates State Bar of Texas Texas Trial Lawyers Assn.
01Differences as a pedestrian

If you’re hit as a pedestrian, the case becomes serious.

You walking out in the street with nothing between you and the vehicle puts you on the serious end of injuries: broken bones, head injuries. Your recovery could take months, if not years.

Fighting for fault becomes difficult when the driver’s insurer claims you “came out of nowhere.” In Texas, being more than half at fault could end your claim, but thankfully Texas law cares about evidence over anything else.

768Over 700 Texans killed traveling on foot in 2024
1 in 51 in 5 pedestrian accidents report a death
2 cases a dayStatewide, and most cases happen after dark
Texas figures: TxDOT 2024 Motor Vehicle Crash Facts; NHTSA
02What’s the walk worth?

If you’re hit, how much do you make?

Your injuries, the bills that pile up after the accident, and the coverage you currently pay for can give you an idea of what your payout would look like.

Minor injuries$10k to $75k
Soft tissue injuries that heal with basic treatment.
More serious injuries$100k and up
Fractures, injections, or surgery, with bigger medical bills and more time off work.
Catastrophic or wrongful death$1M+
Life changing spinal or brain trauma, or the loss of a loved one. Built differently, and can reach seven figures when coverage and liability support it.

Every case is different, and these figures are general illustrations, not a promise about your case. Your recovery can be higher or lower depending on the specific facts. In Texas, being more than 50% at fault can prevent any recovery. Past results do not guarantee a similar outcome.

How we calculate your payout

You deserve a fair settlement. We’ve narrowed what that entails down to four buckets.

  • How much are your hospital bills?

    After your accident, every medical bill paid and whatever future treatment you’ll end up paying for gets accounted for in your total recovery.

  • How much were you making before?

    Being in a hospital bed will take you out of work. We document what you were making at your job and what you were projected to make for the years to come, adding that lost income to your settlement.

  • Has your life been affected?

    When something catastrophic happens like being hit as a pedestrian, your life could change entirely. We try to understand how that impact has affected you and factor that into your total recovery.

  • How will Texas find fault?

    In the state of Texas, blame is based on percentage. If you’re under 50% fault, then you’ll recover; adversely, if you’re over, then recovery becomes difficult.

03Understand your rights

The rules we follow to map out your case.

When you get hit while walking in the street, understanding what your rights are will help you map out your success in the claim.

Partly at fault does not mean no case. Under the Texas 51% rule, being partly to blame usually trims a claim rather than ending it.

  • Two-year rule

    When you’re hit, you have two years after the crash to file suit in the state of Texas, unless government vehicles are involved. That changes things, as you need to send an additional notice to the appropriate agency within six months. Evidence can fade quickly, so stay on top of it.

  • The 51% rule

    After your accident, Texas courts will be looking at the modified comparative fault, which basically means that whoever has more than 50% blame will not be happy. The fight is for that 1%, and you want to be on the lower end of that fight.

  • Right of way

    Whether you were responsible to yield while crossing the street or the driver was, the whole story of who’s at fault stretches beyond crossing outside a crosswalk.

  • Exemplary damages

    If the driver who hit you was intoxicated or driving recklessly, Texas will add exemplary damages on top of your other compensation, though it must be proven by clear evidence.

We keep it personal

If you’re on foot, the good news is the law is on your side.

You’re the most exposed on the road compared to vehicles. We understand how serious injuries from pedestrian accidents can be, and we make the driver who hit you pay for it.

Call (469) 807-7480 Free Case Evaluation
04Were you partially at fault?

Even if you carry some blame, that doesn’t mean you’ve lost.

Most of the calls we get by pedestrians getting hit start with the assumption they’re at fault for stepping out too early. Oftentimes, that isn’t the case.

If you’re partially at fault, that doesn’t end your claim. You can claim your half; even if it’s worth less, it’s better than nothing.

Drag to your share of the fault
$80,000
recovered on a $100,000 example, at 20% your fault
0% you50%100%

At 20% at fault, your 20% share comes off the top; you keep $80,000 of the example.

Illustration on a $100,000 example. In Texas, more than 50% at fault bars recovery under the 51% rule. Real percentages and values depend entirely on the facts.

Josh Alexander
Josh’s take

When you’re hit as a pedestrian or while cycling, the initial thought is to talk yourself out of it before calling us. Deciding the accident was your fault is silly, and even being partially at fault won’t end your claim. Before you conclude yours is worth nothing, have a lawyer review the facts.

Josh Alexander | Founder & Managing Attorney

05Across Texas

One team, protecting every commute in Texas.

Texas cities are among the most dangerous in the country for people on foot. We represent injured pedestrians statewide, with offices in the major markets.

Hit while walking anywhere in Texas, one call reaches the same team, statewide. Hablamos español.

06Who handles your case

The team behind your claim.

You reach an attorney, not a call center. Our managing litigation attorney spent over a decade on the insurance defense side, so he knows exactly how these claims get fought, and how to win them. Bilingual, available 24/7, paid only if we win.

Meet the team
07Education hub

Learn the law before you call.

Free guides, real client stories, and tools written by our attorneys. Each one answers a question injured Texans ask us after a crash, in plain language, at no cost.

Free, honest read

Tell us how you got hit. We’ll find out if you have a case.

Even if that means telling you that you do not need us. If you do, we will get to work protecting the evidence before it is gone, and you owe nothing unless we win. One call, no cost, no pressure.

Call (469) 807-7480 Free Case Evaluation
No fee until we win Bilingual English & Español 24/7 intake