Why Pedestrians Face Increased Collision Risks in the Houston Metro Area: Understanding Your Legal Options After a Personal Injury

Houston has emerged as one of the most dangerous metropolitan areas in the nation for pedestrians. In 2024, 119 pedestrians were killed on Houston city streets—nearly one pedestrian death every three days—contributing to a record-setting 345 total traffic fatalities in the city. Approximately one-third of all Houston traffic deaths involve pedestrians, despite the fact that pedestrians represent only about 2% of commuters traveling to work. This alarming disproportion reflects a systemic crisis rooted in road design, driver behavior, and urban infrastructure that places those on foot at extraordinary risk.

Several interconnected factors contribute to Houston's pedestrian safety crisis. The city's sprawling road network, designed primarily to prioritize vehicle speed and throughput, includes multilane arterial roads with posted speed limits of 35–45 mph where actual travel speeds frequently reach 40–45 mph. Research indicates that a pedestrian struck by a vehicle traveling at 40 mph faces a survival probability of only 10–20%, compared to 80–90% at 20 mph. Infrastructure deficiencies compound these dangers: inadequate sidewalk coverage (Houston has approximately 5,600 miles of sidewalks when 18,400 miles would be needed for full coverage), poorly marked crosswalks, insufficient lighting, and wide intersections that expose pedestrians to turning vehicles. Distracted driving, speeding, and impaired driving remain leading causes of crashes, while rapid population growth has outpaced infrastructure improvements.

When a pedestrian is injured due to a driver's negligence, failure to yield, speeding, distraction, or intoxication, the injured party may have grounds to pursue a personal injury claim. Such claims can address the significant medical expenses, lost wages, rehabilitation costs, and pain and suffering that typically accompany pedestrian accident injuries. Because pedestrians have no physical protection against vehicles, injuries sustained in these collisions are often severe or catastrophic, making proper legal guidance essential for accident victims seeking fair compensation.

Legal Rights and Considerations

Texas Transportation Code Chapter 552 establishes the legal framework governing pedestrian right-of-way in the state. Under Section 552.003, vehicle operators must stop and yield the right-of-way to pedestrians crossing in crosswalks when no traffic control signal is in operation. Importantly, every intersection in Texas constitutes a legal crosswalk, whether marked or unmarked. Section 552.008 further requires all drivers to exercise due care to avoid colliding with pedestrians on roadways, including sounding the horn when necessary and exercising proper precaution when observing children or incapacitated persons.

Texas operates as an at-fault insurance state following modified comparative negligence principles. Under Texas Civil Practice & Remedies Code Section 33.001, an injured pedestrian may recover compensation even if partially at fault, provided their percentage of fault does not exceed 50%. Compensation is reduced proportionally by the claimant's share of responsibility. For example, a pedestrian found 20% at fault would receive 80% of their total damages. The statute of limitations for personal injury claims in Texas is two years from the date of the accident under Texas Civil Practice & Remedies Code Section 16.003. Claims against government entities require special notice procedures, often within 45–180 days, depending on local requirements.

Compensation available in pedestrian accident cases may include economic damages (medical expenses, hospitalization, rehabilitation, lost wages, and diminished earning capacity) and non-economic damages (pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life). In cases involving gross negligence or intentional misconduct, exemplary (punitive) damages may also be available. Wrongful death claims follow the same two-year limitations period, calculated from the date of death. Insurance considerations vary depending on policy limits, uninsured/underinsured motorist coverage, and applicable personal injury protection benefits. 

An experienced Houston pedestrian injury lawyer will handle all aspects of the legal claim.
 
Regardless of how severe an accident is, almost everyone involved has to deal with insurance companies and claims. For incidents involving brain injuries, or when a fatal injury occurs, a Houston brain injury attorney is needed to manage the insurance claim. Go here to learn more about how a Houston pedestrian accident law firm helps injured victims.
 
 

Related Resources

Relevant Local Courts

  • Harris County Civil District Courts — 201 Caroline Street, Houston, TX 77002 | (832) 927-5800 | Handles personal injury cases exceeding $250,000
  • Harris County Civil Courts at Law — 201 Caroline Street, 5th Floor, Houston, TX 77002 | (713) 274-1330 | Jurisdiction for cases between $200 and $250,000
  • Harris County Justice of the Peace Courts — Multiple locations throughout Harris County | Small claims and minor civil disputes

Support Services for Accident Victims

  • Texas Crime Victims' Compensation Program — Office of the Texas Attorney General | Phone: (800) 983-9933 | May provide assistance with medical bills, counseling, and lost wages for qualifying victims of vehicular crimes including DWI, intoxication assault, and failure to stop and render aid
  • Harris County District Clerk Victim Services — (832) 927-5800 | Information on case status and victim rights
  • Houston Volunteer Lawyers — (713) 228-0732 | Free legal assistance for qualifying low-income individuals

State Traffic Laws and Regulations

  • Texas Transportation Code Chapter 552 (Pedestrians): https://statutes.capitol.texas.gov/docs/tn/htm/tn.552.htm
  • Texas Transportation Code Chapter 544 (Traffic Signs, Signals, and Markings): https://statutes.capitol.texas.gov/Docs/TN/htm/TN.544.htm
  • Texas Civil Practice & Remedies Code (Statute of Limitations): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
  • Texas Department of Transportation Crash Records: https://www.txdot.gov/data-maps/crash-reports-records.html
  • City of Houston Safer Streets Initiative: https://www.houstonpublicworks.org/saferstreets

Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances vary. Persons injured in pedestrian accidents should consult with a qualified personal injury attorney to discuss their specific situation and legal options. Time limitations apply to filing legal claims, so prompt consultation is recommended.

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Date: 
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Roadway: 
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