Austin Pedestrian Accident Lawyer

If you were hit by a car, truck, delivery vehicle, or rideshare while walking in Austin, you may still have a claim even when the driver disputes blame or says you were not in a marked crosswalk. I represent injured pedestrians — and families after a fatal hit — as a Board Certified Personal Injury Trial Lawyer at the Law Office of Robert House in River Place, Austin, Texas 78730.

Who This Page Is For

This page is for people on foot injured in Austin-area crashes — in a marked or unmarked crosswalk, on a sidewalk, at a driveway cut, or in a parking lot. It is also for families after a serious or fatal pedestrian crash; see my wrongful death lawyer Austin page when a death is involved.

It is a practice page for walkers, not cyclists. If you were riding a bike, see bicycle accident lawyer Austin. E-scooter riders: Austin scooter accident lawyer. Related vehicle pages: car accident lawyer Austin and, when a TNC vehicle was involved, Austin Uber & Lyft accident lawyer. If a bus hit you at a stop or in a crosswalk near transit, see my Austin bus accident lawyer page.

Common Pedestrian Crash Patterns

I see the same patterns again and again with people on foot: drivers who fail to yield in marked or unmarked crosswalks; left or right turns that cut across a walker already in the roadway; sidewalk or driveway cut-through hits when a driver is watching for a traffic gap instead of the person on the curb; parking-lot backing and pull-through impacts; and nighttime or low-visibility corridors where lighting and speed amplify the injury.

Downtown, campus, and entertainment-district foot traffic adds curb congestion, rideshare drop-offs, and drivers scanning for a parking pin instead of a person. Those settings do not prove liability by themselves — they tell you where to look for signals, witnesses, and video before the scene changes.

School zones and neighborhood arterials produce a different rhythm: parents unloading, kids at corners, and drivers rushing a yellow. The common thread is the same — the person on foot is unprotected, so the medical and wage story often drives the claim even when the contact looked “low speed” from the driver’s seat. If the crash caused a head injury or concussion, see my Austin traumatic brain injury lawyer page.

Blame Myths and Comparative Fault

Drivers and insurers often argue that you were not in a marked crosswalk, that you “jaywalked,” or that dark clothing caused the wreck. Those arguments may affect comparative fault. They do not automatically erase a claim when the driver still had a duty to watch for people on foot and failed to do so.

Texas uses modified comparative negligence: your recovery can be reduced by your share of fault, and you are generally barred if you are more than 50% responsible. Do not accept the insurer’s first fault split as fact. More detail: partly at fault car accident in Texas.

Damages and Insurance (Short Version)

Pedestrian crashes often produce significant medical bills, lost wages, pain, and impairment. When a crash is fatal, wrongful death damages for eligible family members may apply. Coverage usually starts with the at-fault driver’s liability policy. Your household’s UM/UIM, PIP, or MedPay may also matter when liability limits are thin or disputed — see Texas PIP vs MedPay vs UM/UIM. If a carrier has already said no, read can insurance deny my claim in Texas.

Deadlines

Most Texas personal injury lawsuits must be filed within two years of the injury. An insurer’s “investigation” does not pause that clock. Details: Texas personal injury statute of limitations.

Evidence to Preserve — and What Not to Rush

Photograph the scene if you can do so safely: crosswalk markings, signals, lighting, vehicle position, and clothing. Get witness names, the crash report number, and early medical records. Note nearby cameras before footage is overwritten.

Do not rush a recorded statement to the other driver’s insurer. Those calls are often used to lock in speed, distraction, or “I was fine” narratives before you know the full medical picture. Talk to counsel first.

Board Certified Trial Lawyer — River Place Office

I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. You work with me directly from River Place in northwest Austin (78730). I also help injured people from Bee Cave, Steiner Ranch, Lakeway, Four Points, and nearby corridors when a pedestrian crash brings them here — light geographic mention only; this remains a pedestrian practice page, not a geo wrapper.

Most cases settle, but settlements move when the carrier believes you will try the case if the number is unfair. Free consultation. No fee unless we recover for you. Call (512) 872-2264.

Austin Pedestrian Accident FAQ

Do I have a case if I wasn’t in a marked crosswalk?

Possibly. Marked crosswalks matter, but they are not the whole story. Unmarked crossings, sidewalk and driveway conflicts, and parking-lot hits still turn on whether the driver watched for people on foot and yielded when required. Get the facts reviewed before you assume the claim is dead.

What if the driver says I was partly at fault?

You can still recover if you are not more than 50% at fault under Texas modified comparative negligence, with recovery reduced by your share. See partly at fault car accident in Texas.

Who is at fault if a driver hits me while I’m walking after dark?

It depends on the facts, but darkness doesn’t excuse a driver. Texas law requires drivers to use their headlights at night and to use due care to avoid hitting a pedestrian on the road (Tex. Transp. Code §§547.302, 552.008). Pedestrians have duties too, like yielding when crossing outside a crosswalk, and the insurer may argue you were hard to see. You can still recover if you are not more than 50% at fault under Texas comparative fault, with recovery reduced by your share. Street lighting, the driver’s speed, and video can all matter, so preserve them early.

Can a store or property owner be responsible if poor lighting in a parking lot contributed to my injury?

Sometimes. If you were hit in a dark parking lot, garage, or apartment complex, the property owner may share responsibility. That’s more likely if they knew the lighting was out or inadequate and didn’t fix it, and it can matter alongside the driver’s claim. These cases depend on what the owner knew and controlled, so photos of the lighting taken soon after, at the same time of night, can help. Call (512) 872-2264. Free consultation. No fee unless we recover for you, and you won’t owe case costs if there’s no recovery.

Should I give a recorded statement to their insurance?

Usually not before you understand your rights. Recorded statements are often used to lock in narratives that hurt the claim. Talk to a lawyer first.

How long do I have to file a pedestrian injury claim in Texas?

Most injury lawsuits must be filed within two years of the crash. Read Texas personal injury statute of limitations and call if you are unsure which clock applies.

Hit in a crosswalk on foot or on an e-scooter — can I sue the city or township for blocked sight lines?

Start with the driver’s negligence and available insurance. Adding a city or township is a separate, narrower path under governmental immunity rules — not an automatic second deep pocket.

In Beene v. The Woodlands Township, No. 06-26-00050-CV (Tex. App.—Texarkana 2026), a child on an e-scooter was struck in a crosswalk. The family sued the township claiming overgrown vegetation hurt visibility. The court of appeals affirmed dismissal of the township claim: for that kind of governmental premises theory, the injured person generally must lack actual knowledge of the dangerous condition, and the record showed the vegetation was visible and perceptible. The court also left the dismissal without prejudice after correcting an earlier with-prejudice order. That outcome does not erase claims against a negligent driver; it shows why government suits are evidence-heavy and easy to lose on jurisdiction.

Still document sight lines, the vehicle, injuries, and early medical care. Your household’s UM/UIM or PIP may matter when liability limits are thin — see Texas PIP vs MedPay vs UM/UIM. Soft next step: call (512) 872-2264 before you give a recorded statement. Law Office of Robert House, River Place, Austin, Texas 78730. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.