Houston Pedestrian Accident Lawyer

It might surprise you, but yes – a pedestrian can bear some or even most of the fault for a car accident in certain situations. For example, if a pedestrian suddenly dashes into the road outside of a crosswalk and a driver couldn’t avoid a collision, the pedestrian may be considered negligent. Texas follows a modified comparative negligence rule (the “51% bar rule”) for injury cases. This means you can still recover compensation if you were partially at fault, as long as you were less than 51% responsible for the accident. However, your compensation would be reduced by your percentage of fault. If a pedestrian is found 51% or more at fault, they cannot recover any damages.

In practice, what does this mean? Let’s say you were jaywalking when a car hit you, but the driver was also speeding and texting. An investigation might find you, the pedestrian, 25% at fault for not crossing at a designated spot, and the driver 75% at fault for driving negligently. In that scenario, you could still recover 75% of your damages (because you were under 51% at fault). On the other hand, if a pedestrian’s actions are deemed the primary cause of the accident (for instance, running directly into high-speed traffic), then they might be over 51% at fault and thus ineligible to recover from the driver. Every case depends on its facts – often both parties share some blame, and determining fault can be complex. This is why having a Houston pedestrian accident lawyer is valuable; we can gather evidence (traffic camera footage, vehicle speeds, skid marks, etc.) to properly assess fault and counter any unfair blame placed on you by the driver’s insurance.

Importantly, even if you think you might be partially at fault, do not assume you have no case. Texas law may still allow you to recover a significant portion of your damages. Let your attorney investigate and advocate for you. We’ve handled many cases where drivers initially tried to blame the pedestrian, but evidence showed the driver was far more at fault (for example, the driver might claim a pedestrian “came out of nowhere,” but skid marks and vehicle damage prove the driver was speeding or not paying attention). We will fight any attempts by the insurance company to unjustly pin blame on you.

Accidents involving children are especially devastating. If your son or daughter was injured as a pedestrian, you have the right to seek compensation on their behalf. Minors (under 18) cannot file lawsuits themselves in Texas, so a parent or legal guardian typically serves as the child’s representative (often called a “next friend”) in any legal claim. The claim would seek damages for the child’s medical bills, pain and suffering, and any long-term effects of their injuries, as well as related expenses you as a parent incur.

Legally, Texas recognizes that young children cannot be held to the same standards of behavior as adults. In fact, children under age 7 are generally presumed incapable of negligence under Texas law. This means if, for example, a 6-year-old ran into the street, the law would not treat that child as “negligent” the way an adult might be for jaywalking. Children from about 7 to 13 are still often not held responsible, though it could be evaluated based on the child’s age and understanding. Essentially, the younger the child, the less likely they can be found at fault for causing an accident. Drivers, on the other hand, have a high duty of care to watch out for children – especially in school zones, neighborhoods, parks, and other areas where kids are likely to be present. Drivers should anticipate that a child might act unpredictably (chasing a ball into the road, etc.) and are expected to exercise extreme caution. Failure to do so can certainly be considered negligence by the driver.

If the unthinkable happens and a child is severely hurt or killed, our legal team approaches the case with the utmost care and urgency. We work with medical experts to understand the full scope of the child’s injuries and future needs. Children often have a long life ahead of them, and a serious injury could require years of treatment, therapy, and support – all of which should be accounted for in a settlement or verdict. In the tragic event of a fatal pedestrian accident involving a child, the family can pursue a wrongful death claim (usually through the parents) to recover for their losses and hold the driver accountable.

Above all, we know that when it’s your child who is hurt, the case isn’t just about money – it’s about justice, answers, and preventing such tragedies from happening to others. We treat these cases with special care, and our attorneys do everything in their power to relieve the legal burden on your family so you can focus on helping your child heal.

A hit-and-run pedestrian accident is frightening and infuriating. You’re left injured, and the driver who caused it has disappeared. The first step after any hit-and-run is to call the police immediately and report everything you remember about the vehicle and driver. Police will investigate, and with luck, they may identify the suspect via witnesses or traffic cameras. If the hit-and-run driver is found, you can pursue a claim directly against that driver (and their insurance, if any) just like in a normal accident. Hit-and-run is a crime, so the driver may also face criminal charges separate from your civil claim.

But what if the driver is never found or is uninsured? In Texas, you still have a potential avenue for recovery: your own auto insurance, specifically Uninsured/Underinsured Motorist (UM/UIM) coverage. Many people don’t realize that UM coverage can protect pedestrians. If you carry UM coverage on your auto policy, it typically covers you if you’re hit by a car as a pedestrian, including hit-and-run scenarios. In other words, your insurance company would step into the shoes of the at-fault driver and compensate you for your injuries, up to the limits of your UM policy. (This assumes there was some contact with the vehicle; most policies require physical contact and a police report for hit-and-run claims.) Using UM coverage does not raise your premiums when you are not at fault – it’s a benefit you paid for specifically to protect against irresponsible drivers.

If you do not have UM coverage but live with a relative who does, sometimes their policy can cover you as well. And if no insurance is available, there are instances where crime victim compensation funds might provide some relief, though those are limited. Because insurance issues in hit-and-run cases can be complicated, it’s wise to consult with a Houston pedestrian accident lawyer. Our attorneys can examine all potential sources of coverage – your auto policy, the policies of household family members, etc. – to see if you’re entitled to compensation. We’ll also assist the police investigation by gathering any evidence we can (for example, checking nearby businesses for surveillance footage). Rest assured, we leave no stone unturned. While a hit-and-run can be frustrating, you do have options, and our job is to make sure you explore them all so you’re not left bearing the cost of someone else’s cowardly behavior.

Pedestrians should absolutely try to maximize their own safety – this includes crossing at intersections or crosswalks when possible and being visible to drivers. However, not doing these things doesn’t mean you have no case; it just factors into the discussion of fault (as mentioned above in comparative negligence). There is no law requiring pedestrians to wear reflective clothing or lights at night (those are just safety recommendations), nor are pedestrians mandated to wear helmets (helmets are more relevant to bicyclists). That said, if you were walking at night in dark clothing and were hit by a car, the driver’s insurance might argue you were harder to see and thus partially at fault. Similarly, if you crossed outside of a crosswalk, they’ll likely claim you contributed to the accident. These arguments fall under Texas’ comparative negligence system.

In practical terms, as long as you were less than 51% at fault, you can still recover damages – just reduced by your percentage of fault. Failing to wear bright clothing might make a small difference in a liability assessment, but it usually will not outweigh clear driver negligence. For example, a driver who was speeding or distracted will carry most of the blame, even if the pedestrian wasn’t as visible as they could have been. Our lawyers have successfully obtained compensation for clients who were hit outside of crosswalks or at night. We counter insurer arguments by highlighting what the driver did wrong: Was the driver exceeding the speed limit? Were they inattentive or impaired? Did the area have street lighting that the driver should have been using to see? We can also use accident reconstruction experts to show the driver still could have avoided the crash if they had been paying proper attention or driving at a safe speed.

Bottom line: lack of reflective gear or not being in a crosswalk does not automatically prevent you from recovering. They are just factors to be considered. We encourage pedestrians to use crosswalks and wear visible clothing for safety, but if you were injured and you didn’t do those things, you should still talk to a lawyer. You may well have a valid claim, and you shouldn’t let an insurance adjuster’s assertions stop you from pursuing rightful compensation. Our Houston pedestrian accident lawyers will fight to ensure that fault is assigned fairly and that you are not unfairly blamed for an accident you didn’t cause.