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Houston Pedestrian Accident Lawyer

Walking in Houston can be dangerous—wide, fast roads, long distances between crosswalks, and distracted drivers all add risk. Pedestrians struck by vehicles often suffer serious injuries. Basu Law Firm, PLLC represents pedestrians and families in the Houston area. Attorney Annie Basu is responsible for this page.

City crosswalk with pedestrians and a walk signal – Houston pedestrian accident lawyer

Texas Pedestrian Right-of-Way Rules

  • When a pedestrian control signal shows “Walk,” a pedestrian may cross in the direction of the signal, and drivers must yield (Tex. Transp. Code § 552.002).
  • Where no traffic signal is in place or operating, a driver must yield to a pedestrian crossing in a crosswalk on the driver’s half of the roadway or approaching closely from the other half (Tex. Transp. Code § 552.003).
  • A pedestrian crossing outside a crosswalk must yield to vehicles (Tex. Transp. Code § 552.005).
  • Drivers must exercise due care to avoid colliding with pedestrians (Tex. Transp. Code § 552.008).

Common Causes of Pedestrian Accidents

  • Drivers failing to yield at crosswalks and turns
  • Distracted or speeding drivers
  • Drivers backing out of driveways and parking spaces
  • Poor lighting at night
  • Drunk driving

Insurance Options for Injured Pedestrians

The at-fault driver’s liability insurance is usually the primary source. If the driver was uninsured, underinsured, or fled, an injured pedestrian may be able to use his or her own auto policy’s UM/UIM or PIP coverage—even though the pedestrian was not in a car—depending on the policy terms (Tex. Ins. Code §§ 1952.101, 1952.152).

Fault, Damages, and Deadlines

Insurers sometimes argue pedestrians were partly at fault. Texas proportionate responsibility applies: recovery is possible if your share is 50% or less (Tex. Civ. Prac. & Rem. Code § 33.001). Most pedestrian injury lawsuits must be filed within two years (§ 16.003). Claims involving government vehicles or roadway conditions may require notice within six months (§ 101.101).

Walking in Houston

Many Houston streets were built for cars, with long distances between signalized crossings, wide arterial roads, and gaps in sidewalks. Pedestrians cross at bus stops along METRO routes, near light rail stations, and in busy areas such as downtown, Midtown, the Galleria, and the Texas Medical Center. The City of Houston adopted a Vision Zero goal of ending traffic deaths and serious injuries, with a 2020 action plan.

Step by Step After a Pedestrian Accident

  1. Call 911 and get medical care. Pedestrian injuries are often severe.
  2. Get the driver’s information and the names of witnesses.
  3. Look for video: businesses, homes with doorbell cameras, METRO buses and stations, and traffic cameras.
  4. Get the crash report and check whether it describes the crosswalk, signal, and lighting correctly.
  5. Notify insurers: the driver’s liability policy, and your own PIP and UM/UIM policies, which often cover you as a pedestrian.
  6. Track your recovery with medical records, bills, and missed work.
  7. File before the deadline—two years in most cases (Tex. Civ. Prac. & Rem. Code § 16.003).

Texas Rules for Drivers Around Pedestrians

  • Drivers must yield to pedestrians in a crosswalk when there is no traffic signal in operation, if the pedestrian is on the driver’s half of the road or approaching closely from the other half (Tex. Transp. Code § 552.003).
  • At a signal, pedestrians facing a “Walk” signal may proceed and drivers must yield (§ 552.002).
  • Drivers must exercise due care to avoid hitting a pedestrian on any roadway (§ 552.008).
  • Pedestrians crossing outside a crosswalk must yield to vehicles (§ 552.005), but a driver may still be at fault for failing to keep a proper lookout.

Government Vehicles and Roads

If a METRO bus, city vehicle, or other government vehicle was involved, or a dangerous road condition contributed, the Texas Tort Claims Act may limit the claim and require written notice within six months, or sooner under a city charter (Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.101). A city charter can set a shorter notice period than the state’s six months (§ 101.101(b)), so act quickly on claims against the City of Houston.

Pedestrian walk signal at a crosswalk – Houston pedestrian right-of-way

Serious Injuries

Pedestrian crashes often cause brain injuries, pelvic and leg fractures, spinal injuries, and internal injuries. These claims may require future-care planning.

Mistakes to Avoid After a Pedestrian Accident

  • Assuming you have no claim because you weren’t in a crosswalk; fault is shared by percentage.
  • Waiting to request video; many cameras overwrite footage within days.
  • Overlooking your own auto policy, which may cover you as a pedestrian.
  • Missing a short government notice deadline if a city vehicle or road condition was involved.
  • Giving a recorded statement to the driver’s insurer before talking with a lawyer.

Documents to Gather

The crash report number, photos, names of witnesses, your auto insurance declarations page, medical records and bills, and proof of missed work.

How Basu Law Firm Can Help

We gather the crash report, video, and witness statements, identify every insurance policy that may apply—including your own—and document your injuries.

Frequently Asked Questions

Can I recover if I wasn’t in a crosswalk?

Possibly. Pedestrians outside a crosswalk must yield, but drivers still have a duty of due care. Fault will be compared under Texas law.

Does my car insurance cover me if I was hit while walking?

It may. Many Texas auto policies extend PIP and UM/UIM coverage to the policyholder as a pedestrian. Check the policy language.

What if the driver drove away?

Report it to police immediately. Your UM coverage may apply to a hit-and-run if policy conditions are met.

How long do I have to file?

Generally two years (Tex. Civ. Prac. & Rem. Code § 16.003).

Urban sidewalk at an intersection – Houston pedestrian accident claim
Was it my fault if I was hit at night wearing dark clothes?

Not necessarily. Drivers must keep a proper lookout and use headlights. Fault is shared only by percentage, and you can recover unless you are more than 50% responsible.

I was hit by a METRO bus. Is that different?

Yes. Claims against governmental entities have special notice rules and damage caps, so act quickly.

How much does a consultation cost?

Our initial consultation for pedestrian accident cases is free.

Basu Law Firm at a Glance

  • 3,200+ personal injury matters (firm records through October 31, 2026)
  • Rated 4.8 stars from 960+ Google reviews (as of October 2026)
  • Serving Houston clients since 2006, per firm records
  • Office at 8612 Long Point Rd, Houston, TX 77055 · Se habla español

Case figures are counts of matters logged in Basu Law Firm’s internal records as of October 2026 and include matters with all kinds of outcomes. Google reviews reflect the individual opinions of the reviewers. Past results and reviews do not guarantee or predict a similar outcome in any other matter; every case depends on its own facts.

Talk With Basu Law Firm

Call (713) 460-2673 or email info@basulaw.com to schedule a free consultation. Se habla español.

Attorney Advertising & Disclaimer

Attorney advertising. Responsible attorney: Annie Basu, Basu Law Firm, PLLC, 8612 Long Point Rd, Houston, TX 77055. This page provides general information about Texas law and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and no particular outcome is promised. Unless a page states otherwise, the attorneys of Basu Law Firm are not certified by the Texas Board of Legal Specialization. Laws change; information is current as of the date of review and should be confirmed for your situation.

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