By the Beverly Law legal team. Updated November 2026.
Hit by a car while walking?
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What to do after being hit by a car in Texas
- Get medical care the same day. Keep every record and bill.
- Report the crash to police. The Texas Department of Insurance warns that uninsured motorist coverage will not pay for a hit-and-run you did not report to police (TDI auto insurance guide).
- Photograph the crosswalk, signal, sidewalk, lighting and car.
- Collect video fast. Gas stations, stores, apartment complexes and doorbell cameras overwrite footage within days.
- Watch the government deadline. If a city bus, police car or a road defect is involved, written notice may be due in six months or less (see below).
- Do not give a recorded statement to the driver’s insurer. In Texas, a share of fault over 50% ends the case.
Texas right-of-way rules for pedestrians
Walk signals. On a “Walk” signal, drivers must stop and yield to you. You may not start crossing on “Don’t Walk” or “Wait” (Transp. Code § 552.002).
Crosswalks without a working signal. A driver must stop and yield to a pedestrian in a crosswalk who is on the driver’s half of the road, or approaching so closely from the other half as to be in danger. A driver may not pass a car stopped at a crosswalk to let someone cross. A pedestrian may not suddenly step off the curb into the path of a car too close to stop (Transp. Code § 552.003).
Crossing elsewhere. Outside a marked crosswalk or an unmarked crosswalk at an intersection, the pedestrian must yield to vehicles. Between adjacent intersections with working signals, you may cross only in a marked crosswalk (Transp. Code § 552.005).
Sidewalks and driveways. Use the sidewalk if there is one; if not, walk on the left, facing traffic. A driver leaving or entering a driveway, alley or parking garage must stop and yield to a pedestrian on the sidewalk (Transp. Code § 552.006).
Every driver’s duty. No matter what the pedestrian did, a driver must use due care to avoid hitting a pedestrian, sound the horn when needed, and take extra care around a child or a confused or incapacitated person (Transp. Code § 552.008). Since 2021, a driver who with criminal negligence injures a pedestrian within the area of a crosswalk commits a Class A misdemeanor, or a state jail felony if the injury is serious (Transp. Code § 545.428). More: hit in a crosswalk in Texas.
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The two-year deadline and the 51% bar
| Rule | Texas law | Source |
|---|---|---|
| Deadline to sue for injury | 2 years from the crash | CPRC § 16.003(a) |
| Deadline to sue for death | 2 years from the date of death | CPRC § 16.003(b) |
| Your own share of fault | No recovery if you are more than 50% responsible; otherwise reduced | CPRC § 33.001 |
| Notice to a government unit | 6 months, or shorter under a city charter; notice rules are jurisdictional | CPRC § 101.101; Gov. Code § 311.034 |
| Driver’s minimum liability insurance | $30,000 per person, $60,000 per crash | Transp. Code § 601.072 |
| Hit-and-run under your UM | The unknown car must have actually touched you | Ins. Code § 1952.104 |
Because of the 51% bar, Texas pedestrian cases are fought over the facts of the crossing: the signal, where you entered the road, the lighting, and the driver’s speed and attention. See comparative fault in CA, TX and WA and is the driver always at fault?
Families have two years from the death to bring a wrongful death or survival claim: Texas wrongful death deadline and Texas wrongful death and survival claims. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
How a Texas pedestrian claim gets paid
The driver’s liability policy. Texas requires at least $30,000 per person and $60,000 per crash (Transp. Code § 601.072). Texas is an at-fault state (is Texas a no-fault state?).
Your uninsured/underinsured motorist coverage. Every Texas auto policy must include UM/UIM coverage unless a named insured rejects it in writing (Ins. Code § 1952.101). Underinsured coverage pays what you are legally owed above the at-fault driver’s limits, up to your own limits (§ 1952.106). Whether it covers you on foot depends on how your policy defines an “insured,” so we read the policy itself.
Hit-and-run. Texas law requires actual physical contact between the unknown driver’s car and you for UM coverage to apply (Ins. Code § 1952.104). The Texas Department of Insurance says UM pays for a hit-and-run only if you reported it to police (TDI; TDI tip sheet).
PIP and MedPay. Personal injury protection pays the named insured and household members for medical bills and lost income from an accident, and must be included unless rejected in writing. The law does not require insurers to provide more than $2,500 per person, so check the policy’s actual limit (Ins. Code § 1952.151; § 1952.152; § 1952.153). TDI says medical payments coverage also pays if you are hurt while walking or biking (TDI).
Trucks. 18-wheelers carry far larger policies. In October 2026 our news desk covered a pedestrian killed by an 18-wheeler on northbound I-35 near Exit 300 in Temple (I-35, Temple). See hit by a truck while walking.
Claims against cities, counties and TxDOT
The Texas Tort Claims Act waives immunity for injuries caused by a government employee’s operation of a motor vehicle, and for injuries caused by a condition of real property when a private person would be liable (CPRC § 101.021).
Road defects are harder. For an ordinary premise defect, the government owes only the duty owed to a licensee, a limit that does not apply to special defects such as excavations or obstructions on roads (§ 101.022). A broken signal is a claim only if it was not fixed within a reasonable time after notice, and the initial decision to put up a sign or signal is usually immune as discretionary (§ 101.060). Damages are capped at $250,000 per person against the state or a city, and $100,000 per person against other local units such as counties (§ 101.023).
The notice trap. The government must receive notice of the claim within six months, describing the injury, the time and place, and the incident. City charters may set shorter periods (CPRC § 101.101). In City of San Antonio v. Tenorio, 543 S.W.3d 772 (Tex. 2018), the Texas Supreme Court noted San Antonio’s 90-day charter deadline and held that the “actual notice” exception applies only if the government was subjectively aware that its own fault contributed to the injury. Knowing an accident happened is not enough (opinion). Notice requirements in suits against the government are jurisdictional (Gov. Code § 311.034), so send written notice early. For bus crashes, see Texas public transit bus accident claims.
Pedestrian deaths in Texas
- TxDOT reports that 694 pedestrians died in Texas crashes in 2025, a 10% drop from 2024. Pedestrians were 18% of all traffic deaths. Nearly 20% of those deaths came in October and November, and 68% of pedestrian deaths and serious injuries happened in the dark (TxDOT, Oct. 26, 2026).
- GHSA’s preliminary state count is 700 Texas pedestrian deaths in 2025, down from 772 in 2024, a rate of 2.32 per 100,000 residents against 1.97 nationally (GHSA).
Our Texas news desk sees the same patterns. On the night of October 30, 2026, a driver hit two people on Water Street in Webster, killing a 24-year-old man and critically injuring a 20-year-old woman, and left the scene (Webster hit-and-run). In October 2026 a San Antonio jury convicted a driver of intoxication manslaughter and failure to stop and render aid in a 2017 crash that killed a pedestrian on San Pedro Avenue near McCarty Road (San Pedro Avenue, San Antonio). The family’s civil claim is separate from the criminal case.
Local page: Austin pedestrian accident lawyer. Also see common causes of pedestrian accidents and is jaywalking illegal in Texas?
Evidence to lock down in Texas
- Video and 911 calls, requested in writing within days, before they are deleted.
- Street light and signal records. Most Texas pedestrian deaths and serious injuries happen in the dark, so outages and signal timing can decide who was more at fault.
- The driver’s phone and vehicle data, for speed, braking and distraction.
- Toxicology and the criminal file. In intoxication cases the police file often holds the best proof of fault.
- Your medical records. See what a pedestrian claim is worth.
Related pages
- California pedestrian accident lawyer
- Washington pedestrian accident lawyer
- Austin pedestrian accident lawyer
- Hit in a crosswalk in Texas
- Texas wrongful death and survival claims
- Texas truck accident lawyer
Common questions
Can I recover if I was crossing outside a crosswalk in Texas?
Yes, if a jury finds you 50% or less responsible, reduced by your share. You had to yield to vehicles under Transportation Code 552.005, but 552.008 still required the driver to use due care.
How long do I have to sue after being hit by a car in Texas?
Two years from the crash, or from the death in a death case (CPRC 16.003). Government claims need notice within six months, or sooner under some city charters.
Will my insurance pay if a hit-and-run driver hit me while walking?
It may, if your policy includes uninsured motorist coverage and its definition of insured covers you on foot. Texas law requires actual physical contact with the unknown car, and TDI says the crash must have been reported to police.
Does PIP cover pedestrians in Texas?
Texas PIP pays the named insured and household members for medical bills and lost income from an accident unless it was rejected in writing. The law does not require insurers to provide more than $2,500 per person. TDI says MedPay also pays if you are hurt while walking. The policy sets the exact terms.
What if a city bus or police car hit me?
The Texas Tort Claims Act allows the claim, with damage caps. Written notice is due within six months or a shorter city charter period.
Who handles Texas pedestrian cases at Beverly Law?
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Hit by a car while walking in Texas? We act before the six-month government notice and the two-year deadline run. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Tex. Transp. Code § 552.002
- Tex. Transp. Code § 552.003
- Tex. Transp. Code § 552.005
- Tex. Transp. Code § 552.006
- Tex. Transp. Code § 552.008
- Tex. Transp. Code § 545.428
- Tex. Transp. Code § 601.072
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.022
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.060
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Gov’t Code § 311.034
- Tex. Ins. Code § 1952.101
- Tex. Ins. Code § 1952.104
- Tex. Ins. Code § 1952.106
- Tex. Ins. Code § 1952.151
- Tex. Ins. Code § 1952.152
- Tex. Ins. Code § 1952.153
- City of San Antonio v. Tenorio, 543 S.W.3d 772 (Tex. 2018)
- Texas Department of Insurance, Auto insurance guide
- Texas Department of Insurance, Uninsured motorist coverage
- TxDOT, As nights get longer, TxDOT reminds Texans to look out for people walking (Oct. 26, 2026)
- GHSA, Pedestrian Traffic Fatalities by State: 2025 Preliminary Data (July 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.