So far this year, over 1112 pedestrians have been injured in car crashes across Harris County. At least 101 were killed, according to the most recent data available on September 2, 2026, in the TxDOT Crash Records Information System. As a pedestrian injury lawyer in Alief, Ryan Nguyen often hears that folks who were hit while jaywalking wonder if they still have a case. If that sounds like you, call our firm for a free consultation. He can hear the details of your situation and explain exactly why you may still have a personal injury case.
Jaywalking and Pedestrian Injury Claims: What Injured Walkers Need to Know
If you’re hurt while crossing the street outside of a crosswalk, it may negatively affect your case. However, you shouldn’t assume you don’t have a claim at all. Let’s dig into how walking outside the crosswalk affects fault.
Texas Transportation Code § 552.005 covers a pedestrian’s duty when crossing outside a crosswalk. In general, if you cross at any place other than a marked or unmarked crosswalk, the law requires you to yield the right-of-way to approaching vehicles. This may be evidence that the pedestrian shares responsibility, but it does not automatically determine fault or preclude recovery.
But that’s not the end of the story. Texas Transportation Code § 552.008 places a separate, independent duty on every driver at all times. A driver must:
- Exercise due care to avoid hitting a pedestrian on the road
- Sound the horn when needed to warn a pedestrian
- Exercise caution after observing a child or an obviously confused, incapacitated, or intoxicated pedestrian
Depending on the circumstances, exercising due care may require a driver to slow down, brake, or take other reasonable action to avoid a collision. That duty exists no matter where a pedestrian happened to be standing when the driver hit them. Proving that a driver was negligent can increase their share of responsibility. Ultimately, this may increase the damages your claim can pursue.
The Impact of Fault on Your Pedestrian Accident Claim
If you’re partly at fault for crossing where you did, it doesn’t automatically kill your pedestrian accident claim, but it may reduce your payout. This is because Texas operates under a modified comparative negligence framework (Texas Civil Practice and Remedies Code §§ 33.001–33.003). This means that everyone involved in the crash may hold some amount of fault. This division determines how much compensation you can get for damages.
As long as your share of the blame is 50% or less, you may still recover damages, reduced by whatever percentage is assigned to you. If you are more than 50% responsible, Texas law generally prevents you from recovering anything. Some factors that may show a driver was more at fault include:
- Speeding
- Distracted
- Under the influence of drugs or alcohol
- Running a stop sign
These are just a few instances where a jury can still find the driver more at fault than you, jaywalking or not.
That’s why, after a driver hits you while walking, it’s always a good idea to seek legal advice as soon as possible. As a savvy pedestrian injury lawyer in Alief, Ryan Nguyen helps to strengthen your claim by arguing that the driver was more responsible for the accident than you were. Ryan can investigate the crash, communicate with insurers, and advocate for a fair evaluation of the claim so you don’t have to.
Don’t go it alone after suffering an injury while walking. Call our firm and find out how we’ll fight for you, even if you were outside the crosswalk when a careless driver hit you.
Hurt on Foot? Call a Pedestrian Injury Lawyer in Alief Today
Hurt while jaywalking? Just because you didn’t do everything right as a pedestrian doesn’t change the fact that drivers need to respect your safety on the road. If the driver who hit you was speeding, distracted, or blew through a stop sign while you were crossing mid-block, they may still hold more responsibility for the accident. As a seasoned pedestrian injury lawyer in Alief, Ryan Nguyen fights to get you every dollar you deserve. His fearless dedication to his clients and willingness to swoop in at a moment’s notice are why he’s called The Falcon!
Ryan’s a Houston native who proudly represents clients across Alief and the Greater Houston area. His firm serves Spanish- and Vietnamese-speaking clients in their preferred language. Hablamos español. Chúng tôi nói tiếng Việt. We serve all of Greater Houston!
Ryan works on a contingency fee basis, which means you don’t pay him unless he wins your case!
Call today for a free consultation with The Falcon.
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