Accidents move fast. This guide doesn't. Every step below is attorney-reviewed and specific to Dallas, Texas law — so you don't miss what matters.
If you were hit by a car while walking in Dallas, Texas gives you 2 years to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. Pedestrians can recover damages even if partially at fault — as long as fault does not exceed 50%.
Key facts for pedestrian accident victims:
- Crosswalk right-of-way: Drivers must yield to pedestrians in marked and unmarked crosswalks under Tex. Transp. Code § 552.003
- Pedestrians can share fault: Texas's 51% bar rule applies — if you jaywalked or crossed against a signal, your compensation is reduced by your fault percentage, not eliminated (unless above 50%)
- Statewide crisis: Texas recorded 768 pedestrian fatalities in 2024 — one of the highest pedestrian death counts in the nation
Pedestrian injuries are frequently catastrophic: fractures, traumatic brain injuries, and spinal cord damage. Seek emergency medical care and contact a Dallas pedestrian accident attorney immediately.
Quick Answer — Source Index4§ 3 LAW◎ 1 GOVclaim-level sources
Texas Statute of Limitations — Tex. Civ. Prac. & Rem. Code Ch. 16Texas Statute of Limitations✓ Official (source-only)
Texas Pedestrian Right-of-Way — Tex. Transp. Code Ch. 552Texas Pedestrian Right-of-Way✓ Official (source-only)
TxDOT Motor Vehicle Crash Statistics 2024TxDOT Motor Vehicle Crash Statistics 2024✓ Official (source-only)
Texas Comparative Fault — Tex. Civ. Prac. & Rem. Code Ch. 33Texas Comparative Fault✓ Official (source-only)
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Your Pedestrian Accident
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Texas recorded 768 pedestrian fatalities statewide in 2024, according to TxDOT. Dallas County's sprawling road network — with wide arterials like Buckner Boulevard, Harry Hines Boulevard, and Lancaster Road — creates persistent pedestrian safety hazards, particularly in areas with limited sidewalk infrastructure.
Why This Matters — And What Insurers Won't Tell You
Drivers and their insurers reflexively blame pedestrians. The first question an adjuster asks is whether you were in a crosswalk, whether you were crossing with the signal, and whether you were wearing visible clothing. These questions are designed to assign fault and activate the 51% bar that eliminates your recovery entirely.
Texas law requires drivers to yield to pedestrians in both marked and unmarked crosswalks under Tex. Transp. Code § 552.003. Even when a pedestrian crosses outside a crosswalk, drivers still owe a duty of care to avoid collisions. The comparative negligence analysis is rarely all-or-nothing.
Pedestrian injuries are almost always severe. The human body absorbs the full force of a vehicle impact with no protection. Fractures, internal organ damage, traumatic brain injuries, and spinal cord injuries are common — and treatment costs frequently exceed $100,000. An adjuster who settles a pedestrian claim in the first 30 days almost certainly settles it before the full scope of injuries is known.
Texas recorded 768 pedestrian fatalities in 2024 — ranking among the highest pedestrian death tolls in the United States.
Dallas's wide arterial roads and limited pedestrian infrastructure contribute to elevated pedestrian crash rates. Areas like South Dallas, Pleasant Grove, and Oak Cliff see disproportionate pedestrian accident volume.
Source: TxDOT Crash Records 2024
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Check My Eligibility →What To Do Next
- 1
Call 911 immediately. Do not attempt to move if you suspect a spinal injury. The responding officer's CR-3 report must document the crash location relative to crosswalks, traffic signals, and road conditions.
- 2
If physically able, photograph everything: the vehicle that hit you, its license plate, the intersection or crossing location, traffic signals, crosswalk markings, and your visible injuries. Ask a bystander to photograph the scene if you cannot.
- 3
Get the driver's full name, insurance information, driver's license number, and vehicle details. Photograph their insurance card and license directly.
- 4
Get names and phone numbers of all witnesses. In pedestrian-vs-vehicle crashes, witness testimony about crosswalk usage, signal status, and vehicle speed is critical to establishing fault.
- 5
Accept ambulance transport to the hospital or go to the ER the same day. Pedestrian injuries are frequently internal and may not produce symptoms for hours. Same-day imaging (CT scan, X-ray) establishes the full scope of injuries.
- 6
Do not give any statement to the driver's insurance company. Adjusters will ask leading questions about where you were crossing, whether you looked both ways, and what you were wearing. Direct all communication to your attorney.
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How much is your case worth in Texas?
Statewide settlement data by injury type, verified by Michael Scott Fielding, J.D..
| Metric | Value | Source |
|---|---|---|
| Texas statute of limitations — personal injury | 2 years from accident date | [Tex. Civ. Prac. & Rem. Code § 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) |
| Texas pedestrian fatalities (2024 statewide) | 768 | [TxDOT Crash Records 2024](https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html) |
| Crosswalk right-of-way law | Drivers must yield in marked and unmarked crosswalks | [Tex. Transp. Code § 552.003](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.552.htm) |
| Modified comparative negligence threshold | 51% — exceed this and you recover nothing | [Tex. Civ. Prac. & Rem. Code § 33.001](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm) |
| Average ER visit cost — no insurance | ~$2,600 | UnitedHealthcare / Mira |
Common Mistakes to Avoid
- 1
Mistake #1: Assuming you have no claim because you were not in a crosswalk. Texas law does not eliminate a pedestrian's right to compensation simply because they crossed outside a crosswalk. Drivers owe a duty of care to all road users. Under comparative negligence, crossing outside a crosswalk may reduce your recovery
but it does not eliminate it unless your fault exceeds 50%. Consult an attorney before assuming you have no case. Many jaywalking victims recover significant compensation.
- 2
Mistake #2: Not seeking emergency medical care the same day. Pedestrian impacts produce forces that cause internal bleeding, hairline fractures, and traumatic brain injuries
none of which may produce symptoms immediately. A 48-hour treatment gap gives the insurer grounds to argue your injuries were pre-existing or unrelated. ER imaging on the day of the crash creates the medical record your claim depends on. Accept ambulance transport or go to the ER the same day. Do not wait to see if symptoms develop.
- 3
Mistake #3: Talking to the driver's insurer without an attorney. Adjusters are trained to ask pedestrians specific questions: Were you in a crosswalk? Were you looking at your phone? What were you wearing? Each question is designed to assign fault and push you closer to the 51% bar. Statements made in the first 72 hours become part of the insurer's defense file. Direct all insurer communication to your attorney. You have no legal obligation to speak with the opposing insurer.
- 4
Mistake #4: Not checking for traffic camera and surveillance footage. Dallas has traffic cameras at major intersections and businesses have security cameras that may have captured the crash. This footage typically overwrites within 24–72 hours. Camera evidence can prove the driver ran a red light, was speeding, or failed to yield
defeating the insurer's comparative fault argument. Identify all cameras near the crash site and have your attorney send preservation letters within 24 hours.
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More Help
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Bar verification, consultation questions, red flags, and contingency fee structures under Texas law.
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Lowball Settlement Offers
How to detect and counter a lowball insurance offer after your accident.
Insurance Claim Denied?
Steps to take when your insurance company denies or undervalues your claim.
Frequently Asked Questions
What are my legal rights after being hit by a car as a pedestrian in Dallas?▼
You have the right to file a personal injury claim against the driver who hit you. Texas gives you 2 years to file under Tex. Civ. Prac. & Rem. Code § 16.003. You can recover damages for medical bills, lost wages, pain and suffering, and disability. Your compensation is reduced by your fault percentage but not eliminated unless fault exceeds 50%.
Who is at fault when a pedestrian is hit by a car in Texas?▼
Fault depends on the circumstances. Drivers must yield to pedestrians in crosswalks under Tex. Transp. Code § 552.003. Pedestrians must obey traffic signals and use crosswalks when available. Texas applies modified comparative negligence — both parties can share fault. An insurance adjuster's initial fault assignment is negotiable, not final.
Can a pedestrian be at fault for an accident in Texas?▼
Yes. Jaywalking, crossing against a signal, or walking while intoxicated can contribute to pedestrian fault. Under Texas's 51% bar rule, a pedestrian assigned more than 50% fault recovers nothing. At 30% fault, compensation is reduced by 30%. Fault is negotiated, not automatic — an attorney can challenge inflated pedestrian fault assignments.
What to do in the first 72 hours after a pedestrian accident?▼
Call 911, get emergency medical treatment, photograph the scene and vehicle, collect witness information, and file a police report. Do not speak with the driver's insurer. Contact a pedestrian accident attorney within 48 hours. Preserve any evidence of the crash location, traffic signals, and your visible injuries.
How much is a pedestrian accident settlement worth in Dallas?▼
Pedestrian settlements vary widely. Soft tissue injuries may settle for $15,000–$50,000. Fractures and surgeries range from $50,000 to $200,000. Traumatic brain injuries and spinal cord damage can exceed $500,000. The average Texas jury verdict for personal injury is $826,892. Your case value depends on injury severity, medical costs, and fault allocation.
What if the driver that hit me has no insurance?▼
File a claim under your own Uninsured Motorist (UM) coverage if you have it. If you have health insurance, your medical insurer covers treatment costs but may seek reimbursement from any settlement (subrogation). You can also sue the uninsured driver directly. An attorney can identify all available recovery paths.
Does Texas require drivers to yield to pedestrians in crosswalks?▼
Yes. Tex. Transp. Code § 552.003 requires drivers to yield the right-of-way to pedestrians in both marked and unmarked crosswalks. Failure to yield is a traffic violation and establishes driver negligence. This law applies at signalized intersections, unsignalized crossings, and school zones.
Should I hire a lawyer after a pedestrian accident in Dallas?▼
Yes. Pedestrian injuries are almost always severe, and insurers aggressively assign fault to pedestrians to reduce payouts. An attorney challenges inflated fault assignments, prevents premature settlement, and negotiates with the insurer while you focus on recovery. Most pedestrian accident attorneys work on contingency — no fee unless you recover.
Sources & Citations
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