Pedestrian Accident Lawyer in Tyler & East Texas
Pedestrian accidents cause some of the most serious injuries we see — traumatic brain injuries, spinal injuries, multiple fractures — and in Texas they killed 768 people in 2024 alone.
If you or a family member was hit while walking, running, or crossing a parking lot, Roberts & Roberts can help you hold the driver accountable and get the insurance coverage you're owed. Here's what you need to know about pedestrian accident claims in Texas.
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The short version
- Drivers in Texas must use due care to avoid hitting pedestrians — even when the pedestrian isn't in a crosswalk.
- Fault often comes down to the crosswalk, the signal, lighting, and what the driver was doing.
- Your own auto policy's PIP and uninsured motorist coverage may pay even though you were on foot.
- Hit-and-run? Uninsured motorist coverage may still cover you. Report it right away.
- Insurers often blame the pedestrian. Evidence like video and black box data matters.
How pedestrian accidents happen
- Turning drivers who look for cars, not people, at intersections
- Distracted drivers on phones — see distracted driving accidents
- Drunk drivers, especially at night and on weekends
- Speeding on busy roads with little room for error
- Backing up in parking lots and driveways
- Poor lighting and roads without sidewalks — common on East Texas highways
- School zones and bus stops, where children cross unpredictably
Who has the right of way?
Even when a pedestrian was outside a crosswalk, the driver can still be responsible if they were speeding, distracted, impaired, or simply should have seen the person in time. Texas uses comparative fault: your recovery is reduced by any share of fault assigned to you, and barred only if you're found more than 50% responsible. See how comparative fault works in Texas.
Whose insurance pays?
| Coverage | What it pays |
|---|---|
| The driver's liability insurance | Your medical bills, lost wages, pain and suffering — up to the policy limits |
| Your own PIP | Medical bills and lost wages regardless of fault, if you have it on your car policy — it can cover you as a pedestrian |
| Your uninsured / underinsured motorist coverage | When the driver has no insurance, too little, or flees the scene |
| Other responsible parties | An employer (if the driver was working), a property owner (dangerous parking lot design or lighting), or a bar that over-served a drunk driver |
Texas minimum liability coverage is only $30,000 per person — often far less than a pedestrian's medical bills. Finding every available policy is a big part of what we do.
From our files: One of our clients was hit while crossing a busy road away from a crosswalk and had almost no memory of the crash. In a case like that, the fight is usually over comparative fault — how much of the blame the insurer can shift onto the pedestrian.
Our investigator went to the scene, documented the lighting and sight lines, and asked nearby businesses for their surveillance video before it was recorded over. Many systems keep footage only for days or weeks, and in a pedestrian case, video is often the most important evidence there is. In our case, that evidence proved critical to the outcome.
What to do after being hit by a car
- Call 911 and get medical care. Adrenaline hides injuries.
- Get the driver's information and plate number. If they leave, note the car, direction, and time.
- Look for cameras — businesses, doorbells, traffic cameras. Video is often erased within days.
- Get witness names and phone numbers.
- Keep your clothes and shoes as they are; they can show impact points.
- Don't give a recorded statement to the driver's insurer before talking to a lawyer — see recorded statements to adjusters.
For hit-and-run crashes, see what to do after a hit-and-run in East Texas.
What you can recover
Medical expenses (past and future), lost wages and earning capacity, physical pain, mental anguish, physical impairment, and disfigurement. If a loved one was killed, the family may bring a wrongful death claim.
Why families choose Roberts & Roberts
We've represented injured people across East Texas for 45 years, with offices in Tyler, Longview and Dallas. We investigate pedestrian crashes the same way we investigate 18-wheeler wrecks: scene evidence, video, vehicle data, and reconstruction experts when needed. Your consultation is free, and you pay nothing unless we recover money for you.
Frequently asked questions
I was jaywalking. Can I still recover?
Possibly. Drivers still have a duty to use due care. Your recovery may be reduced by your share of fault, but it's not automatically barred.
Does my car insurance cover me if I was walking?
Often, yes. PIP and uninsured/underinsured motorist coverage on your own policy typically follow you as a pedestrian. Check with a lawyer before assuming you're not covered.
What if I was hit in a parking lot?
The same rules of care apply. A property owner may also share responsibility for poor lighting or layout.
How much is a pedestrian accident case worth?
It depends on the injuries, the insurance available, and fault. See how much to ask for in a settlement.
Hit by a car while walking?
Talk to a pedestrian accident lawyer today. Free consultation; no fee unless we recover. Call (800) 248-6000.
About The Author
- Texas Department of Transportation, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2024.
- Tex. Transp. Code §§ 552.002, 552.003, 552.005, 552.006, 552.008.
- Tex. Ins. Code ch. 1952 (PIP and UM/UIM coverage).