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Hit by a car while walking in Houston: Texas pedestrian right-of-way rules and what to gather

What Texas law says about pedestrians and drivers at crosswalks, signals and driveways, how shared responsibility and insurance work after a pedestrian crash, and Houston resources for crash reports and crash data, with official sources as of October 2026.

8 min readPublished October 22, 2026Last updated October 22, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas law gives pedestrians the right-of-way in a crosswalk where there is no working signal and when a "Walk" signal is lit, and it requires every driver to use due care to avoid hitting a person on the road, wherever that person is crossing (Transp. Code ch. 552). A pedestrian crossing outside a crosswalk generally has to yield to traffic. After a crash, Texas's proportionate responsibility rules, insurance coverage and the two-year limitations period all apply to pedestrians the same way they apply to drivers.

This guide explains those rules in general terms, with the official text linked for each one. It is general informational guidance and is not legal advice; it says nothing about any particular crash or who was responsible for it.

Key facts (as of 2026-10-22)

  • Pedestrian deaths in Texas. TxDOT reports 6,095 crashes involving pedestrians in Texas in 2024, with 772 pedestrians killed and 1,455 seriously injured. TxDOT says pedestrians are involved in about 1 percent of crashes but account for 19 percent of roadway deaths (TxDOT, Pedestrian Safety).
  • Crosswalk right-of-way. Where no signal is in place or working, a driver must stop and yield to a pedestrian in a crosswalk on the driver's half of the road, or approaching closely from the other half (Transp. Code §552.003(a)).
  • Unmarked crosswalks count. A "crosswalk" includes the part of an intersection between the lines of the sidewalks on opposite sides, even with no paint on the road (Transp. Code §541.302).
  • Crossing elsewhere. A pedestrian crossing outside a crosswalk must yield to vehicles; between two adjacent signalized intersections, a pedestrian may cross only in a marked crosswalk (§552.005).
  • Due care. Whatever the other rules say, a driver must exercise due care to avoid colliding with a pedestrian on a roadway (§552.008).
  • The 51% rule. A claimant who is more than 50 percent responsible may not recover damages; otherwise a recovery is reduced by the claimant's share (Civ. Prac. & Rem. Code §§33.001, 33.012).
  • Two-year period. Texas generally sets a two-year limitations period for personal injury suits (Civ. Prac. & Rem. Code §16.003).

Who counts as a pedestrian under Texas law?

The Transportation Code defines a "pedestrian" as a person on foot (§541.001). It also defines a "sidewalk user": a person lawfully riding a bicycle, motor-assisted scooter, skateboard, roller skates or a similar device on a sidewalk. Under amendments effective September 1, 2025, several of the crosswalk and signal rules in chapter 552 apply to sidewalk users as well as pedestrians (§§552.001, 552.002, 552.0035). If you were riding a bicycle in the street, see our guide to bicycle accidents in Houston.

When must a Texas driver yield to a pedestrian?

  • At a "Walk" signal. A pedestrian facing a "Walk" signal may cross in the direction of the signal, and drivers must stop and yield. A pedestrian may not start crossing on "Don't Walk" or "Wait", and one already partly across when the signal changes must continue to a sidewalk or safety island (§552.002).
  • At a green light with no pedestrian signal. A pedestrian facing a green signal may cross within a marked or unmarked crosswalk unless the only green signal is a turn arrow (§552.001).
  • At a crosswalk with no working signal. A driver must stop and yield to a pedestrian in the crosswalk on the driver's half of the road, or approaching so closely from the other half as to be in danger. A pedestrian may not suddenly leave the curb into the path of a vehicle so close that the driver cannot stop. A driver coming up behind a vehicle stopped at a crosswalk for a pedestrian may not pass it (§552.003).
  • At driveways and alleys. A driver coming out of or turning into an alley, building, private road or driveway must stop and yield to a pedestrian on a sidewalk that crosses it (§552.006(c)).
  • People who are blind. A driver approaching a crosswalk where a pedestrian with a white cane or an assistance animal is crossing must take necessary precautions, and must come to a full stop if that is the only way to avoid injury or danger (§552.010).

What does Texas law expect of pedestrians?

  • Outside a crosswalk, a pedestrian must yield to vehicles, and must also yield where a pedestrian tunnel or overhead crossing has been provided. Between adjacent intersections with working signals, a pedestrian may cross only in a marked crosswalk, and may cross an intersection diagonally only where a traffic control device allows it (§552.005).
  • Along the road, a pedestrian may not walk on the roadway where an accessible sidewalk is provided. Where there is no sidewalk, a pedestrian walking along a highway must walk on the left side or shoulder, facing oncoming traffic, unless that side is obstructed or unsafe (§552.006(a)-(b)).
  • Local rules. A city may by ordinance require pedestrians to follow signals strictly and may prohibit crossing outside a crosswalk in a business district or on a designated highway (§552.009).

These rules describe what the law expects. Whether anyone broke one in a particular crash is a question of fact for the people deciding that case.

Is hitting a pedestrian in a crosswalk a crime in Texas?

It can be. Under Transp. Code §545.428, a person who, with criminal negligence, operates a motor vehicle within the area of a crosswalk and causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electric personal assistive mobility device, neighborhood electric vehicle or golf cart commits a Class A misdemeanor, or a state jail felony if the injury is serious bodily injury. It is an affirmative defense that the injured person was violating a rule about walking or moving in the crosswalk or on the roadway. A criminal case is brought by prosecutors and is separate from any civil claim.

A driver involved in a crash that injures someone must also stop, check whether anyone needs aid, give their name, address, registration and insurer, and provide reasonable assistance (Transp. Code §§550.021, 550.023). Our hit-and-run guide covers what happens when a driver leaves.

How does shared responsibility work after a pedestrian crash?

Texas applies proportionate responsibility to pedestrians and drivers alike. In a case, the trier of fact assigns each person a percentage of responsibility (Civ. Prac. & Rem. Code §33.003). A claimant whose percentage is greater than 50 percent may not recover damages (§33.001); otherwise the court reduces the damages by the claimant's percentage (§33.012). Our guide to how Texas law shapes a car accident claim explains the rule in more detail.

Whose insurance applies when a pedestrian is hit?

Several coverages can be involved, and each policy's own terms control:

  • Personal injury protection (PIP). The Insurance Code defines PIP as policy provisions that pay the named insured, members of the insured's household, and authorized drivers and passengers of the insured's vehicle for reasonable expenses arising from an accident, including medical expenses and lost income, incurred within three years (Ins. Code §1952.151). Texas auto policies must include PIP unless an insured named in the policy rejects it in writing (§1952.152), and PIP benefits are payable without regard to fault (§1952.155). Whether a household policy's PIP applies to a person who was walking depends on that policy. See our PIP guide.
  • Uninsured or underinsured motorist (UM/UIM) coverage protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured vehicles, and is included unless rejected in writing (§1952.101). When the driver is unknown, the policy must require actual physical contact between the unknown vehicle and the insured person or property (§1952.104(3)). See our UM/UIM guide.
  • The driver's liability coverage is the other driver's policy, and its insurer handles any claim against it. Our guide to talking to the insurance adjuster covers what to expect.

If the vehicle was a METRO bus or another city, county or state vehicle, the Texas Tort Claims Act adds its own rules and notice periods; see crashes with a Texas government vehicle.

What can you gather after a pedestrian crash in Houston?

It can help to keep these in one place:

  • The date, time and exact place, including the nearest cross street and whether there was a crosswalk or signal
  • Photos of the scene, the signals, any crosswalk markings, and your injuries
  • The name of the agency that responded (in Houston, for example, the Houston Police Department or the Harris County Sheriff's Office) and any report or incident number
  • The crash report itself; our guide to getting a crash report in Houston lists each agency's process
  • Names and contact details of witnesses who spoke with you at the scene
  • Medical records and bills, and records of missed work; see medical records in injury claims
  • Your own auto policy's declarations page, and any household member's, showing PIP and UM/UIM

Where are Houston's most serious crashes?

The City of Houston's Vision Zero program publishes a High Injury Network map of the streets with the most traffic deaths and serious injuries. Our data studies of Houston's highest-injury roads and Houston intersections with the most serious crashes count those crashes by road and intersection. They are aggregate counts, and they say nothing about any single crash.

Related Houston information

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently asked questions

Do drivers in Texas have to stop for pedestrians in a crosswalk?
Where no traffic signal is in place or working, Texas Transportation Code §552.003 requires a driver to stop and yield to a pedestrian crossing in a crosswalk who is on the driver's half of the road, or approaching so closely from the other half as to be in danger. Where a pedestrian signal shows "Walk", §552.002 requires drivers to stop and yield to a pedestrian crossing in the direction of the signal.
What does Texas law say about crossing outside a crosswalk?
Under Transportation Code §552.005, a pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to vehicles, and between two adjacent intersections that both have working traffic signals, a pedestrian may cross only in a marked crosswalk. Drivers still must exercise due care to avoid colliding with a pedestrian on a roadway (§552.008).
If a pedestrian shares some of the responsibility, does Texas law still allow recovery?
Texas uses proportionate responsibility. Under Civil Practice and Remedies Code §33.001, a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent, and under §33.012 a recovery that is not barred is reduced by the claimant's percentage. The percentages are decided by the trier of fact in a case (§33.003).
Does car insurance cover a pedestrian who is hit by a car?
It depends on the policies involved and their terms. Texas Insurance Code §1952.151 defines personal injury protection (PIP) as paying the named insured, household members, and authorized drivers and passengers of the insured's vehicle for reasonable accident expenses, and §1952.155 makes PIP benefits payable without regard to fault. Uninsured or underinsured motorist coverage is defined in §1952.101. Your own policy and your insurer can tell you what applies.
How long does Texas law generally allow to file a personal injury lawsuit?
Civil Practice and Remedies Code §16.003 generally sets a two-year period for a personal injury suit, counted from the day the cause of action accrues, with exceptions in the Code. An attorney can tell you how the rules apply to a specific situation.

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