Texas Pedestrian Accident Law: The Rules That Decide a Claim
The statutes that decide whether a pedestrian claim succeeds, how much it is reduced, and how long there is to bring it. Crosswalk and right of way rules are covered separately on their own page.
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Two years, and the notice exception
Section 16.003 of the Civil Practice and Remedies Code gives two years from the collision to file suit, and wrongful death runs two years from the date of death.
Where a governmental unit is involved, through a city vehicle, a defective road or a failed signal, the Texas Tort Claims Act requires formal written notice within six months and many cities impose shorter periods by charter.
Proportionate responsibility and the 51 percent bar
Chapter 33 reduces a claimant's recovery by their percentage of responsibility and bars it entirely above 50 percent. This is the provision insurers work hardest in pedestrian cases.
The arguments are predictable: crossing outside a crosswalk, dark clothing, stepping from between parked cars, distraction. None is automatically decisive, because a driver's duty to keep a proper lookout and to control speed for the conditions continues regardless.
A driver's duty does not depend on the pedestrian's care
Texas requires drivers to exercise due care to avoid colliding with a pedestrian, to sound the horn when necessary, and to exercise proper precaution on observing a child or an obviously confused or incapacitated person.
That last provision matters and is often overlooked. Where a driver saw or should have seen a child, or a person who appeared unsteady, a higher standard of precaution applies.
Minimum insurance, and why it rarely suffices
Texas requires 30,000 dollars per injured person and 60,000 per collision. Pedestrian injuries are severe by nature and routinely exhaust the per-person minimum during the initial hospital admission.
This makes locating additional coverage central: an employer's policy where the driver was working, a vehicle owner's policy separate from the driver's, an umbrella policy, or the pedestrian's own uninsured and underinsured motorist coverage, which applies to them on foot.
Failure to stop and render aid
Leaving the scene of a collision involving injury is a criminal offense in Texas. A conviction does not itself establish civil liability, but the conduct is admissible and juries respond to it.
Where a driver is never identified, the pedestrian's own uninsured motorist coverage becomes the route to recovery, and that is a contract claim with its own notice conditions.
Wrongful death and survival
Where a pedestrian dies, the wrongful death claim belongs to the surviving spouse, children and parents; siblings cannot bring one in Texas.
The estate may separately bring a survival claim for conscious pain and suffering before death, medical costs and funeral expenses. Both run two years from the date of death.
Summary
| Rule | Source | Effect |
|---|---|---|
| Two year limitations | Civ. Prac. & Rem. Code 16.003 | Hard bar, narrow exceptions |
| Proportionate responsibility | Civ. Prac. & Rem. Code ch. 33 | Reduces recovery, bars above 50 percent |
| Driver's duty of due care | Transportation Code | Applies regardless of pedestrian care |
| Precaution for children | Transportation Code | Higher standard where a child is visible |
| Minimum liability limits | Transportation Code ch. 601 | Usually exhausted quickly |
| Governmental unit claims | Civ. Prac. & Rem. Code ch. 101 | Notice within months |
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Frequently asked questions
No, and that is a common misconception. Right of way depends on the location and the signals, which is covered on the crosswalk laws page. Separately, a driver's duty to exercise due care to avoid a pedestrian continues regardless of who had right of way.
Usually yes. Crossing outside a crosswalk is raised as a share of responsibility, reducing recovery by your percentage and barring it only above 50 percent. A driver's duty to keep a proper lookout does not disappear.
Texas requires drivers to exercise proper precaution on observing a child, or an obviously confused or incapacitated person. Where a driver saw or should have seen a child, that higher standard applies.
It is frequently exhausted by the initial hospital admission. Additional coverage may exist through an employer, a vehicle owner, an umbrella policy, or your own uninsured and underinsured motorist coverage, which applies to you as a pedestrian.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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