Pedestrian Accident Claims in Texas
When drivers in Texas must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where no traffic signal is in place or working, a driver must stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching closely from the other half. Tex. Transp. Code §§ 552.003, 552.005
| Pedestrian right-of-way | Where no traffic signal is in place or working, a driver must stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching closely from the other half. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working signals a pedestrian may cross only in a marked crosswalk. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility. |
| Minimum car insurance | Minimum liability coverage is $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people in one collision, and $25,000 for property damage. Source: Tex. Transp. Code § 601.072(a-1) |
| Deadline to sue for an injury | Two years after the day the cause of action accrues. |
More Texas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Texas
- Wrongful Death Lawsuits in Texas
- Medical Malpractice Rules in Texas
- Car Accident Claims in Texas
- Dog Bite Liability in Texas
- Slip, Trip and Fall Injuries in Texas
- Sidewalk and Public Property Falls in Texas
- Motorcycle Accident Claims in Texas
- Bicycle Accident Claims in Texas
- Uber and Lyft Accident Claims in Texas
- Truck Accident Claims in Texas
- Construction Site Injuries in Texas
- All Texas personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Texas?
Where no traffic signal is in place or working, a driver must stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching closely from the other half. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working signals a pedestrian may cross only in a marked crosswalk.
Can you recover damages if you were partly at fault in Texas?
Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility.
What is the minimum car insurance required in Texas?
Minimum liability coverage is $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people in one collision, and $25,000 for property damage.
What is the statute of limitations for personal injury in Texas?
Two years after the day the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.