Houston is one of the most dangerous cities in the nation for pedestrians. Crosswalk violations, distracted drivers, and failure-to-yield collisions kill hundreds of Houstonians every year. When a driver’s negligence leaves you or your loved one seriously injured — or worse — Texas Legal Giants is ready to fight.
Attorney BJ Kemp (Texas State Bar #24116608) handles pedestrian accident cases throughout Greater Houston on a pure contingency basis. You pay nothing unless we win.
Serious Injuries in Pedestrian Accidents
When a vehicle strikes a person, the injuries are almost always severe. There is no metal frame to absorb the impact.
Traumatic Brain Injury (TBI)
Head strikes against vehicle hoods, windshields, or pavement cause concussions, hemorrhages, and permanent cognitive damage.
Spinal Cord Injury
Pedestrian strikes frequently cause lumbar and cervical spine damage, sometimes resulting in permanent paralysis.
Pelvis and Hip Fractures
Direct vehicle contact commonly shatters the pelvis or hip, requiring major surgery and lengthy rehabilitation.
Leg and Knee Injuries
Bumper impacts destroy knees, femurs, tibias, and fibulas — often requiring multiple surgeries and permanent hardware.
Internal Organ Damage
Blunt trauma from impact causes internal bleeding and organ rupture that may not be immediately apparent but can be life-threatening.
Psychological Trauma
PTSD, severe anxiety, and depression are common and compensable consequences of pedestrian accident trauma.
Who Is Liable in a Houston Pedestrian Accident?
Liability depends on the specific facts — but multiple parties may be responsible for your injuries.
Distracted, drunk, speeding, or failure-to-yield drivers are responsible for the harm they cause.
Dangerous crosswalk design, missing signals, or poor lighting may create liability for the City of Houston or TxDOT.
Negligent parking lot design or sidewalk hazards on private property can expose landowners to liability.
Employers are liable for delivery and commercial drivers who strike pedestrians during the course of work.
Defective brakes, sensor failures, or autonomous vehicle system errors may make the manufacturer liable.
Phone use, texting, and app-based distraction are among the leading causes of pedestrian strikes in Houston.
Under Texas Transportation Code §552.003, drivers must yield to pedestrians in marked crosswalks. Failure to yield is negligence per se — meaning the driver violated the law and is presumed liable for resulting injuries. We use this and related statutes to establish liability quickly and negotiate from strength.
Steps to Take After a Pedestrian Accident in Houston
What you do in the first hours after a crash can significantly affect your recovery.
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1
Call 911 immediately
Get police and EMS on scene. The police report establishes the official record of what happened and who was involved.
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2
Accept medical care — even if you “feel fine”
TBI and internal injuries often present no immediate symptoms. Accepting emergency care creates a medical record that connects the crash to your injuries.
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3
Document the scene
If able, photograph the vehicle, the crosswalk, traffic signals, skid marks, and your injuries. Get driver and witness information.
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4
Do not speak with the driver’s insurance company
Adjusters are trained to obtain statements that minimize payouts. Anything you say can and will be used to reduce your claim.
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5
Contact Texas Legal Giants immediately
Surveillance footage is overwritten within days. Skid marks and physical evidence disappear. Time is critical — call us now for a free consultation.
What should I do immediately after being hit by a car in Houston?
Call 911, accept emergency medical care, photograph the scene and driver’s insurance/license, and get witness contact information. Do not give a recorded statement to any insurance company. Pedestrian accident evidence — surveillance footage, skid marks, eyewitness memories — disappears quickly. Contact a pedestrian accident attorney within days of the crash to preserve critical evidence.
How much is a pedestrian accident lawsuit worth in Texas?
Texas pedestrian accident claims typically recover medical expenses (current and future), lost wages, loss of earning capacity, pain and suffering, mental anguish, and loss of enjoyment of life. Severe cases involving TBI, spinal cord injury, or fatality often settle or verdict in the hundreds of thousands to millions of dollars. The specific value depends on the severity of injury, the victim’s income and age, and whether the driver’s conduct was egregious enough to support punitive damages.
Can I recover if I was partially at fault as a pedestrian?
Yes, in most cases. Texas follows modified comparative fault (§33.001): you can recover as long as your share of fault does not exceed the defendant’s. Your recovery is reduced by your percentage of fault, but not eliminated. For example, if you were jaywalking but the driver was speeding and distracted, your recovery is still substantial. Insurers routinely exaggerate pedestrian fault to minimize payouts — we counter these tactics with expert accident reconstruction.
How Insurers Fight Pedestrian Claims — And How We Counter
Insurance companies use predictable arguments to reduce what they pay injury victims. We’ve seen every one.
Frequently Asked Questions
What is the statute of limitations for a pedestrian accident in Texas?
Two years from the date of injury under Texas Civil Practice & Remedies Code §16.003. If the claim is against a government entity (City of Houston, TxDOT), you must file a notice of claim within six months of the incident. Missing either deadline typically bars your claim permanently.
What if the driver who hit me was uninsured?
Your own uninsured/underinsured motorist (UM/UIM) coverage may cover your injuries. We also investigate whether any other parties — employers, vehicle owners, road designers — share liability. Texas requires all registered vehicles to carry minimum liability insurance, but many drivers ignore this law.
Can I sue if the pedestrian accident was a hit and run?
Yes. Your own UM/UIM coverage applies to hit-and-run incidents under Texas law. We also work with law enforcement and private investigators to identify the driver. Even when the driver is never found, we can often recover through your own policy.
What if I was hit in a parking lot, not a crosswalk?
Parking lot crashes are treated like any other vehicle-pedestrian collision. The driver has a duty to look for pedestrians throughout the lot. Property owners may also share liability if the lot’s design or lighting contributed to the crash.
How long will my pedestrian accident case take?
Cases with clear liability and fully documented injuries can settle in 6–12 months. Complex cases involving disputed fault, government entities, or catastrophic injuries may take 2–3 years. We move as quickly as the facts and your medical recovery allow — we will not settle before we understand the full extent of your injuries.
What if I was hit while in a crosswalk with the walk signal?
That is one of the clearest cases of driver negligence. A driver who strikes a pedestrian lawfully crossing with the walk signal has almost certainly violated Texas Transportation Code §552.003. Liability is strong; the fight is usually over damages, not fault. We document your injuries comprehensively to maximize recovery.
Can I recover if a family member died in a pedestrian accident?
Yes — surviving spouses, children, and parents may bring a wrongful death claim under the Texas Wrongful Death Act (§71.004). A survival action preserving the deceased’s own claims may also be available. We handle both claims together to maximize what your family recovers.
Related Practice Areas
Texas Legal Giants handles the full range of serious injury cases in Greater Houston.
Texas Pedestrian Accident Resources
BJ Kemp
Texas State Bar #24116608 • Houston, TX
BJ Kemp represents pedestrian accident victims throughout the Greater Houston area, fighting the insurer tactics that minimize payouts for some of the most seriously injured victims on Texas roads. Every case is handled on a pure contingency basis — you pay nothing unless we win.
(346) 971–7333 — Free Consultation