You didn’t need to be standing in a crosswalk to have rights, even though that’s not how most drivers, or their insurance companies, treat it. Texas law puts a real, independent duty on drivers to watch out for people on foot, crosswalk or not.
George Salinas Injury Lawyers builds Austin pedestrian claims around that exact duty, in English or Spanish, with no fee unless we win.
Call (512) 851-1004 today to talk to an Austin pedestrian accident lawyer about your case. Available 24/7.
Resources On This Page
- Do You Need a Lawyer After a Pedestrian Accident in Austin?
- Drivers Owe Pedestrians a Duty of Care, Crosswalk or Not
- The Lisa Torry Smith Act Strengthened Crosswalk Protections in 2021
- Do You Still Have a Case If You Weren’t in a Crosswalk?
- What Causes Most Pedestrian Accidents in Austin?
- Compensation You Can Recover After a Pedestrian Accident
- The Cost of Hiring an Austin Pedestrian Accident Lawyer
- How Long Do You Have to File a Pedestrian Accident Claim in Texas?
- What to Do After a Pedestrian Accident in Austin
- Why Austin Pedestrians Choose George Salinas Injury Lawyers
- Ask George Salinas Injury Lawyers
- Frequently Asked Questions
- Schedule Your Free Consultation
Do You Need a Lawyer After a Pedestrian Accident in Austin?
Almost always, yes. Pedestrians made up 18% of all U.S. traffic deaths in 2024, according to NHTSA, and pedestrian injuries tend to be severe since there’s no vehicle frame absorbing the impact. Insurance adjusters often start by assuming the pedestrian was careless, which makes the early stages of a claim more about pushing back on assumptions than presenting facts.
Drivers Owe Pedestrians a Duty of Care, Crosswalk or Not
Most drivers think pedestrians only have rights inside a marked crosswalk. Texas law says otherwise. Under Transportation Code §552.008, drivers must exercise due care to avoid hitting a pedestrian, no matter who had the right of way. That duty includes extra caution around children, and it doesn’t disappear just because you crossed somewhere else.
The Lisa Torry Smith Act Strengthened Crosswalk Protections in 2021
Texas crosswalk law got stronger in 2021 with the Lisa Torry Smith Act, named for a mother killed in a crosswalk while walking her son to school. It requires drivers to stop and yield to pedestrians in or approaching a crosswalk, not just yield. Failing to do that is strong evidence in a civil claim, even though the law’s own criminal penalty requires a higher standard of proof.
Do You Still Have a Case If You Weren’t in a Crosswalk?
Often, yes. Section 552.008 requires due care from drivers regardless of right of way. A driver who was speeding, distracted, or simply not paying attention can still be found at fault, even if you crossed somewhere other than a marked crosswalk.
Texas’s comparative fault rules mean you can recover compensation as long as you’re found 50% or less responsible for the crash. Your payout is reduced by your share of the blame.
What Causes Most Pedestrian Accidents in Austin?
Most pedestrian accidents trace back to a handful of recurring patterns. Common causes include:
- A driver turning left or right across a pedestrian’s path without checking properly
- Distracted driving, including phone use behind the wheel
- Speeding, especially in school zones and busy commercial areas
- Poor nighttime visibility, since most pedestrian deaths nationally happen after dark
- Hit-and-run drivers, who were involved in roughly 1 in 4 pedestrian deaths nationally in 2024
Compensation You Can Recover After a Pedestrian Accident
A successful pedestrian accident claim can cover both your immediate costs and the harder to measure parts of your recovery. This typically includes:
- Medical bills, including emergency care, surgery, and rehabilitation
- Future medical costs for a permanent or long-term injury
- Lost wages and any long-term loss of earning capacity
- Pain and suffering and emotional distress
If the driver fled the scene or carried no insurance, your own uninsured motorist coverage, if you have an auto policy, may be able to help cover your losses.
The Cost of Hiring an Austin Pedestrian Accident Lawyer
Nothing upfront. We handle pedestrian accident cases on a contingency fee, which means you pay no attorney’s fees unless we recover compensation for you. Your initial consultation is free, with no obligation to hire us afterward.
How Long Do You Have to File a Pedestrian Accident Claim in Texas?
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. If a government-owned vehicle, like a city bus, was involved, the notice deadline can be far shorter, sometimes just months, so it’s worth talking to a lawyer right away.
What to Do After a Pedestrian Accident in Austin
What you do in the first hours and days after a crash can affect both your health and your claim. Here’s what matters most:
- Get medical care right away, even if you feel mostly fine.
- Call the police so a crash report gets filed.
- Photograph the scene, the vehicle, and your injuries before anything changes.
- Get the names and contact information of any witnesses.
- Avoid giving a recorded statement to the driver’s insurer before talking to a lawyer.
Why Austin Pedestrians Choose George Salinas Injury Lawyers
We prepare every pedestrian accident case for trial from the beginning, because aggressive litigation is the only way to hold drivers accountable.
- The Insider’s Advantage: Our team includes former insurance defense attorneys. We know exactly how carriers undervalue pedestrian injuries and attempt to shift blame onto victims. We preempt their strategies to protect your claim.
- Proven Results: Backed by over 110 years of combined experience and over $100 million recovered, we build ironclad damage models based on expert testimony.
- Trial-Ready Authority: George Salinas is an ABOTA member, a prestige reserved for elite trial lawyers.
- Local Insight & 24/7 Service: We know Austin’s busy downtown corridors and local court procedures. We are available 24/7 in English or Spanish to handle your case directly—no call centers.
Meet Our Top-Rated Austin Pedestrian Accident Attorneys
Ask George Salinas Injury Lawyers
Q: What if the driver said they didn’t see me, or the sun was in their eyes?
A: That’s not the excuse it sounds like. Texas law requires drivers to exercise due care regardless of conditions, and a failure to see a pedestrian in plain view often points to a driver who wasn’t paying attention, not a defense to the claim.
Q: What if the car that hit me sped off?
A: A hit-and-run doesn’t end your options. Your own uninsured motorist coverage, if you have an auto policy, typically applies to hit-and-run cases the same way it would if the driver had no insurance at all, and a police report filed promptly helps preserve that claim.
Q: Can I sue if I was hit in a parking lot instead of on a public street?
A: Often, yes. Drivers owe pedestrians a duty of reasonable care in parking lots too, even though the specific traffic-control statutes are written around public roadways. Property owners can sometimes share responsibility as well, depending on how the lot was designed and maintained.
Q: What if I was hit by a city bus or other government vehicle while walking?
A: You may still have a claim, but these cases come with a much shorter window to file a written notice than the usual two-year deadline, often just months. It’s worth calling as soon as possible rather than waiting.
Frequently Asked Questions
Will I still have a case if the police report blames me for the accident?
A police report is one piece of evidence, not the final word. Officers don’t always witness the crash directly, and a thorough investigation can turn up evidence, like traffic camera footage or witness accounts, that tells a different story.
What if I was found partially at fault for the crash?
You can still recover compensation as long as you’re found 50% or less at fault, though your payout is reduced by your percentage of responsibility. For example, $300,000 in damages with 30% fault assigned to you would reduce your recovery to $210,000.
Do I need a lawyer if my injuries seem minor right now?
It’s worth a free conversation regardless. Some injuries, including concussions and soft tissue damage, become more apparent days after a crash, and a quick settlement now can’t be reopened later if that happens.
Will my case go to trial?
Most pedestrian accident claims settle before trial, but we prepare every case as though it’s headed to a jury. That preparation is often exactly what convinces an insurer to offer a fair settlement instead of risking a verdict.
Schedule Your Free Consultation
If a driver left you hurt while you were walking in Austin, you don’t have to accept an insurance company’s assumptions about who was at fault. Call George Salinas Injury Lawyers at (512) 851-1004 for a free consultation in English or Spanish. There’s no fee unless we win.