Pedestrian Accident Lawyer in Houston, TX
Protecting Your Rights After a Pedestrian Accident in Texas
Houston’s miles of roadways with no sidewalks, intersections designed without pedestrians in mind, and drivers who treat every street like a highway create dangerous hazards for those on foot. If you were injured by a motorist while walking and are searching for a pedestrian accident lawyer, you know firsthand how serious these injuries can be. You also know what the statistics don’t capture. There’s the pain, the uncertainty about what comes next, and one question that may be weighing on you: Do I have a case?
The answer is often yes, and there’s more to your case than whether you were in a crosswalk. Texas law requires drivers to take reasonable care around pedestrians, regardless of what an insurance adjuster may tell you. When you work with award-winning attorney Ryan Nguyen, you have someone who understands your rights and knows how to fight for them.
Houston’s Pedestrian Safety Crisis
Your accident was part of a much larger problem in Houston. The city remains one of the most dangerous cities in the country for people traveling on foot.
Texas recorded the second-highest number of pedestrian deaths in the nation in 2024. According to the National Highway Traffic Safety Administration, 763 pedestrians were killed. Texas also had a pedestrian fatality rate of 2.44 deaths per 100,000 people, compared with the national rate of 2.08. Harris County accounts for a substantial share of the state’s pedestrian fatalities.
The numbers within Houston are just as concerning. City of Houston Vision Zero data shows that pedestrians accounted for 16% of serious injuries and 36% of all traffic deaths in 2022. More than one in three people killed on Houston streets was traveling on foot.
Houston’s roads contribute to the problem. Because the city is so spread out, some stretches of roadway have no sidewalks at all. People may have little choice but to walk along the shoulder next to vehicles traveling 45 mph or faster.
High-risk areas for pedestrians include Westheimer Road, the Southwest Freeway (US-59), Highway 290, Beechnut Street, South Main and Fannin near the Texas Medical Center, as well as areas near METRO bus stops. Neighborhoods such as Downtown, Midtown, Montrose, and the Heights also see significant foot traffic on streets that do not always provide adequate protection for pedestrians.
Telephone Road: A Corridor Under Scrutiny
Telephone Road in southeast Houston is one example of the city’s pedestrian safety problems. TxDOT data shows at least 32 crashes along the road between Polk Street and Almeda-Genoa Road since January 1, 2026. In August alone, two pedestrians and one driver were killed within a two-week period.
Residents have raised concerns about the corridor for years. In some areas, the sidewalk sits less than two feet from moving traffic. Despite these concerns, no specific safety plan for the roadway has yet been identified.
In a pedestrian accident claim, evidence of known roadway hazards may help Ryan Nguyen determine who is responsible for the injury.
Who’s at Fault When a Pedestrian Gets Hit? A Pedestrian Accident Lawyer Explains
The driver’s insurance company may try to make fault seem simple. They may even suggest that you caused the accident. In reality, fault depends on what happened and what each person was doing at the time.
Texas law requires drivers to exercise due care around pedestrians. Where you were walking, whether you were in a crosswalk, and the actions of the driver can all affect your case. Even if you share some responsibility for the accident, you may still have the right to recover compensation!
What Drivers Are Required To Do
Texas drivers have a legal duty to exercise due care to avoid hitting pedestrians. Drivers must also sound their horn when necessary and use extra caution when they see a child or someone who appears confused or incapacitated on the road (Tex. Transp. Code § 552.008).
Evidence that a driver was speeding, texting, intoxicated, distracted, or failed to keep a proper lookout may help establish responsibility for a pedestrian crash. Ryan examines the driver’s conduct, crash-scene evidence, video footage, witness statements, and other facts surrounding the collision.
What Pedestrians Are Required To Do
Pedestrians have responsibilities, too. Under Texas Transportation Code § 552.005, pedestrians crossing outside a marked crosswalk generally must yield to vehicles. Between adjacent intersections where traffic signals are operating, pedestrians must use a marked crosswalk.
Crossing outside a crosswalk, however, does not automatically make you responsible for an accident! A driver may still bear some fault for failing to slow down, watch the road, or take reasonable steps to avoid a collision.
How Texas Divides Fault
Texas follows a modified comparative fault system. If you and the driver share responsibility, each party can be assigned a percentage of fault. You can generally recover compensation if you are 50% or less at fault, but your compensation is reduced according to your percentage of responsibility.
If you are found 51% or more at fault, you cannot recover damages. Insurance companies will try to place as much blame on you as possible to keep their payouts low.
For example, the insurance company may claim that you crossed against a signal, entered traffic unexpectedly, wore dark clothing at night, or were otherwise responsible for the collision. But every argument has a counter. As your pedestrian accident lawyer, Ryan fights back against the insurance company’s tactics by building a case that shows what really happened.
When the City of Houston or TxDOT May Share Responsibility
Sometimes the condition of the road contributes to a pedestrian accident. Problems with traffic signals, crosswalks, sidewalks, or construction areas may point liability toward a government entity.
Telephone Road offers a recent example of these safety concerns. Two pedestrians were killed there within two weeks in August 2026, and at least 32 crashes had been reported along the corridor that year. If a government entity knew about a dangerous roadway condition and failed to address it, that history may be relevant to a claim.
Claims involving government entities have special requirements and shorter notice deadlines. If you think the road itself contributed to your accident, it’s worth calling a pedestrian accident lawyer sooner rather than later.
What Your Pedestrian Accident Lawyer Wants You To Do After the Crash
The hours after a pedestrian accident can have lasting consequences. Attorney Ryan Nguyen advises his clients to take these steps as soon as possible:
- Call 911: HPD responds to pedestrian accidents because an injury is presumed. The responding officer will file a CR-3 crash report, which provides an official record of the accident and can become important evidence in your claim.
- Get medical attention that day: Adrenaline can mask pain, and serious injuries such as traumatic brain injuries, spinal damage, and internal bleeding may cause few or no symptoms at first. Getting medical care that day protects your health and documents your injuries after the crash. It also prevents insurance companies from questioning delays in treatment.
- Document the scene: Take photos of the area where you were hit, including any crosswalks, traffic signals, lighting, and sidewalks. These details can help establish what happened and how fault should be divided. Get the driver’s information and contact information for any witnesses before they leave.
- Act quickly to retrieve camera footage: Traffic cameras, business security systems, and nearby dashcams may have captured the accident. Some systems overwrite footage within 24-72 hours, so make note of any cameras near the scene. Ryan’s team can send preservation letters to request that important footage be saved before it disappears.
- Don’t give a recorded statement: The other driver’s insurance company will likely contact you soon after the accident. You are NOT required to give them a recorded statement, sign a medical release, or accept a settlement offer. What you say could be used to place more fault on you. Talk to Ryan before responding to the insurer.
How Pedestrian Accidents Affect Your Health
A car can weigh 3,000 to 5,000 pounds. When it hits a pedestrian, there’s nothing (no vehicle frame, no airbag) around them to absorb the force of a crash. As a result, pedestrian accidents frequently cause severe injuries.
Traumatic brain injuries can range from concussions to permanent cognitive problems, even if the person’s head does not visibly strike the pavement. A severe impact can also damage the spinal cord and lead to partial or complete paralysis, while someone who is pinned or dragged may suffer crush injuries or even amputation. Fractures of the pelvis, femur, and legs are also common, and internal organ damage may go undetected at the scene before symptoms worsen in the hours that follow.
Some people recover from their injuries. Others face permanent health problems or disabilities. Pedestrian accidents can also be fatal.
If You Lost a Loved One
Qualifying family members, including spouses, children, and parents, may be able to file a wrongful death claim. Compensation may cover lost financial support, funeral expenses, mental anguish, and loss of companionship. Ryan represents families in these cases with an understanding of how much is at stake.
Compensation After a Pedestrian Accident
Depending on your injuries and losses, you may be able to recover compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, permanent disability or disfigurement, mental anguish, and loss of enjoyment of life. Past and future losses may be included.
If the other driver showed extreme carelessness, such as driving while impaired, you may also be eligible for “exemplary damages.”
Why Choose Ryan Nguyen as Your Pedestrian Accident Lawyer?
While you’re dealing with the physical effects of a pedestrian accident in Houston, the driver’s insurance company may already be investigating the crash. You need a qualified pedestrian accident attorney who can examine the accident, understand the medical issues involved, and make sure the insurance company doesn’t control the story.
Attorney Ryan Nguyen brings a medical school background to his work as a personal injury lawyer, which gives him valuable insight into the injuries at the center of pedestrian accident claims. He has also been recognized among the Top 100 Trial Lawyers and is prepared to advocate for his clients when an insurance company disputes fault or minimizes the impact of an injury.
Ryan understands that every client comes to him with different circumstances and concerns. He takes the time to understand those details before determining how to approach the case. And in a city as diverse as Houston, his ability to speak English, Spanish, and Vietnamese helps him communicate with more of the people who call Houston home.
When questions come up after an accident, you don’t have to wait for business hours. Ryan is available 24/7 and offers free consultations. That means you can find out where you stand without worrying about the cost of that first conversation.
Talk to Houston Pedestrian Accident Lawyer Ryan Nguyen
After being hit by a car, you may still be trying to make sense of what happened and where you go from here. Fault is not always as straightforward as an insurance company makes it seem, and the severity of pedestrian injuries can make the stakes especially high. Ryan Nguyen knows how to investigate these accidents, challenge attempts to place unfair blame on you, and pursue the compensation available under Texas law.
If you have questions about your rights or whether you have a case, schedule a FREE consultation with Ryan today.
Frequently Asked Questions
Compensation usually starts with the at-fault driver’s liability insurance. That policy may cover your medical expenses, lost income, and other damages related to the accident.
The problem is that Texas only requires drivers to carry $30,000 per person in bodily injury liability coverage. A serious pedestrian injury can exceed that amount quickly. If the driver does not have enough insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may provide additional compensation if you carry it. Your health insurance may also pay for treatment while your claim is pending, although reimbursement requirements may apply.
One of Ryan’s first priorities is identifying the insurance policies and other potential sources of compensation available in your case.
Most likely, yes. Your location at the time of the accident matters, but it’s only one factor in determining fault.
Texas recognizes unmarked crosswalks at certain intersections, so a crosswalk does not always need painted lines. (An unmarked crosswalk is a legal crossing area where a sidewalk would continue across the street, even though there aren’t any painted crosswalk lines.)
If you crossed somewhere other than an intersection, Texas law generally requires you to yield to vehicles on the roadway. However, that does NOT automatically make you responsible for the collision.
Crossing outside a crosswalk does not give a driver a free pass. Drivers must still watch for pedestrians and take reasonable steps to avoid a collision. Even if you crossed outside a crosswalk, the driver’s behavior matters. Speeding, distracted driving, or simply not paying attention could place most of the fault on the driver. Ryan will look at what each person was doing in the moments before the crash to build the strongest case possible.
A hit-and-run makes the case harder, but the driver doesn’t necessarily have to be found for you to recover compensation. If you have uninsured motorist (UM) coverage, your own policy may cover injuries caused by a driver who fled the scene. Coverage under a family member’s policy may also apply if you don’t have auto insurance.
Before you get to the insurance claim, report the accident to Houston police and write down whatever you remember about the vehicle. Even a partial license plate, the direction the driver went, or a description of the car could help identify them. Nearby security cameras, traffic cameras, or witnesses may provide information you didn’t see yourself.
Time matters with this evidence because some video systems overwrite their recordings quickly. Ryan can work to locate footage, identify witnesses, and find out which insurance coverage you can turn to if the driver is never found.
“Ryan took great care of us when we got in a hit and run. He was able to track down the driver, and took care of our injuries. He answered any questions we had and always replied promptly. Would definitely use again!” – Tony H.
Yes. You do not need to own a vehicle or carry your own auto policy to make a claim against the driver who hit you. As a pedestrian, you can make a claim against the driver’s liability insurance for your injuries and other losses.
Don’t let the fact that you don’t have a car keep you from looking into your options. Ryan can review the driver’s insurance coverage and help you pursue the compensation you may be entitled to.
Generally speaking, Texas gives you two years from the date of a pedestrian accident to file a personal injury lawsuit. If you file after the deadline, you may lose your ability to pursue compensation through the courts.
If your claim involves the City of Houston, including a city vehicle or employee, the City Charter generally requires notice within 90 days. Claims involving Harris County, TxDOT, or another state agency generally fall under the Texas Tort Claims Act’s six-month notice requirement, although other requirements may apply.
These deadlines can arrive well before the two-year statute of limitations. If a government vehicle, employee, or roadway condition played a part in your accident, contact Ryan as soon as possible!
Evidence that a driver was intoxicated can have a significant effect on a pedestrian accident claim. You may be able to seek exemplary damages. These are meant to punish especially reckless behavior, in addition to compensation for your injuries and other losses.
The driver’s criminal DWI case is separate from your civil personal injury claim. You generally don’t have to wait for the criminal case to end before pursuing compensation, and the outcome of the criminal case doesn’t necessarily determine the outcome of your civil case. The two proceedings also use different standards of proof.
If you were hit by a driver you believe was impaired, Ryan can investigate the circumstances and determine how evidence of intoxication may affect your claim.
“I was the victim of a hit-and-run accident caused by a drunk driver, and the legal battle took over a year. Ryan fought relentlessly and secured an outstanding settlement that covered everything—my medical bills, chiropractor, pain management, X-rays, MRIs, CT scans, and more. I never had to pay a dime out of pocket. I never had to worry about a thing—Ryan and his team took care of it all while keeping me updated every step of the way.” – Joseph K.
You can still have a claim if you were hit in a parking lot, driveway, or another private area. The driver’s auto insurance can still apply, and the fact that the accident happened on private property does not excuse the driver from being responsible for hitting you.
Ryan will look at how the accident happened to determine who was at fault. For example, was the driver backing out of a parking space without looking? Did they turn into a driveway without noticing you? Were you walking through an area where the driver should have expected pedestrians?
If the driver was responsible for the accident and you were injured, you may be able to pursue compensation just as you would after a pedestrian accident on a public road.