Beverly Law. Updated November 2026.
Hit by a car while walking?
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The Texas crosswalk rules
Chapter 552 of the Transportation Code sets the pedestrian rules, and Section 544.007 covers drivers at traffic lights. Which rule applies depends on what was controlling the crossing.
| Situation | What the driver must do | What the pedestrian must do |
|---|---|---|
| No signal in place or working | Stop and yield if you are on the driver’s half of the road, or so close from the other half that you are in danger (552.003(a)) | Not suddenly leave the curb into the path of a car so close it cannot stop and yield (552.003(b)) |
| “Walk” signal | Stop and yield (552.002(b)) | Not start on “Don’t Walk” or “Wait”; if already partway, keep going to a sidewalk or safety island (552.002(c)) |
| Driver turning on a green light or arrow | Stop and yield to pedestrians lawfully in the intersection or an adjacent crosswalk (544.007(b), (c)) | With a green signal, cross within a marked or unmarked crosswalk, unless the only green is a turn arrow (552.001(b)) |
| Right turn on red | Stop, then yield to pedestrians lawfully in an adjacent crosswalk (544.007(d)) | Not enter the roadway facing a steady red or yellow alone (552.001(c)) |
| Another car already stopped for you | A driver coming from behind may not pass it (552.003(c)) | No added rule |
| Driver leaving a driveway or alley | Stop and yield to a pedestrian approaching on the sidewalk (552.006(c)) | No added rule |
Over all of these sits Section 552.008. Notwithstanding the other rules, a driver must exercise due care to avoid colliding with a pedestrian, sound the horn when necessary and take proper precaution on seeing a child or an obviously confused or incapacitated person.
The second-lane rule matters on roads with more than one lane each way. One driver stops, the walker steps past the stopped car, and a driver in the next lane who passed the stopped vehicle hits them. Texas makes that pass illegal.
Where insurers push back
Insurers in Texas crosswalk cases often argue that the pedestrian left the curb too suddenly or started against the signal. Another common argument is that the walker was still on the far half of the road and not yet in danger. Each one is a question of timing, so the evidence should be timed too. Signal phase records, video from businesses and city cameras, and the driver’s own account at the scene all help. If the crash was in Houston, our page on getting traffic camera footage in Houston explains how to request video.
Texas adds a penalty when the person hit is visually impaired or disabled. If a driver who failed to yield at a crosswalk causes serious bodily injury or death to such a person, the offense is a misdemeanor with a fine of up to $500 and 30 hours of community service that includes sensitivity training (552.003(d), (d-1)). A criminal citation helps tell the story, but your civil claim still has to prove the driver’s fault and your damages.
Pedestrian crashes in Texas by the numbers
TxDOT’s crash report for 2025 counts 695 pedestrian deaths, a 10.09 percent decrease from 2024, out of 3,769 traffic deaths statewide (TxDOT Crash Facts). Its pedestrian table lists 5,965 pedestrian crashes and 1,387 suspected serious injuries that year (TxDOT pedestrian table). The data was current as of April 7, 2026.
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The 51 percent bar
Texas lets a pedestrian who shares fault recover, but only up to a point. A claimant whose percentage of responsibility is greater than 50 percent recovers nothing (CPRC 33.001). At 50 percent or less, the court reduces the damages by that percentage (CPRC 33.012).
| Example only: $200,000 in damages | Pedestrian’s share | Recovery |
|---|---|---|
| Driver ran a red light, walker had the signal | 0% | $200,000 |
| Walker started on a flashing “Don’t Walk” | 25% | $150,000 |
| Walker stepped out close in front of the car | 50% | $100,000 |
| Same facts, jury says 51% | 51% | $0 |
These are round hypothetical numbers. Real results depend on the evidence and the insurance available. Our page on whether the driver is always at fault explains how juries reach these percentages.
Who pays and how long you have
The driver’s liability insurance pays first. Your own policy may add uninsured and underinsured motorist coverage and personal injury protection, because Texas insurers must include both unless you rejected them in writing (Ins. Code 1952.101, 1952.152). Whether PIP pays you as a walker depends on the policy wording. Our page asking is Texas a no-fault state covers how PIP works.
If a city bus or other government vehicle hit you, the Texas Tort Claims Act allows claims arising from the use of a motor vehicle (CPRC 101.021) but caps damages, for example at $250,000 per person against a city (101.023). Notice is due within six months, and a city charter can set its own period (101.101). Other injury lawsuits generally must be filed within two years (CPRC 16.003).
How Texas compares
| Texas | California | Washington | |
|---|---|---|---|
| Driver at an unsignaled crosswalk | Stop and yield (552.003) | Yield and use all due care (Veh. Code 21950) | Stop and remain stopped (RCW 46.61.235) |
| Pedestrian’s fault | Barred above 50% | Reduces the award (Li v. Yellow Cab) | Reduces the award (RCW 4.22.005) |
What this means for your case
In Texas every point of fault matters near the 50 percent line, so the first weeks of evidence gathering carry extra weight. Note which signal was showing, which lane the car was in and whether another car had stopped for you. Get names of witnesses and ask nearby businesses to keep their video. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. For Austin crashes, see our Austin pedestrian accident page, and for the money side, read what a pedestrian case is worth.
Common questions
Does a Texas driver have to stop if I am on the other side of the road?
Where no signal is operating, the driver must stop and yield if you are approaching so closely from the opposite half that you are in danger. The due care duty applies in every case.
Can I finish crossing if the signal changes to "Don't Walk"?
Yes. Texas tells a pedestrian who started on “Walk” and is partway across to proceed to a sidewalk or safety island.
Is a driver turning right on red allowed to go while I am in the crosswalk?
No. The driver must stop and yield to pedestrians lawfully in an adjacent crosswalk before turning.
Can I recover if I was 50 percent at fault in Texas?
Yes. Recovery is barred only above 50 percent. At exactly 50 percent, your damages are cut in half.
How long do I have to sue after a crosswalk crash in Texas?
Generally two years. If a government vehicle was involved, notice is due much sooner, within six months or a shorter city charter period. The signal, the lane and the seconds before impact usually decide a Texas crosswalk case. More answers are in our injury law FAQs. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- Tex. Transp. Code § 552.001 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.002 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.003 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.006 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 552.008 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 544.007 (statutes.capitol.texas.gov)
- TxDOT, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2025 (data as of April 7, 2026) (txdot.gov)
- TxDOT, Pedestrian and Pedalcyclist Injuries and Crashes 2025 (txdot.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.012 (statutes.capitol.texas.gov)
- Tex. Insurance Code § 1952.101 (statutes.capitol.texas.gov)
- Tex. Insurance Code § 1952.152 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.021 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.023 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Cal. Veh. Code § 21950 (leginfo.legislature.ca.gov)
- RCW 46.61.235 (app.leg.wa.gov)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (Stanford SCOCAL) (scocal.stanford.edu)
- RCW 4.22.005 (app.leg.wa.gov)
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 7, 2026.