Houston Pedestrian Accident Lawyers
Struck by a driver while walking in Houston? Many pedestrians don't realize their own auto policy's PIP and UM/UIM coverage can apply. Patterson Law Group identifies every layer. We serve Houston from our Fort Worth office.
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How we serve Houston clients
Patterson Law Group does not maintain a brick-and-mortar office in Houston. We serve our Houston-area clients from our physical offices in Fort Worth, Arlington, and San Antonio. The initial case review is by phone or Zoom — at no cost — and our attorneys travel to Houston for depositions, mediations, court hearings, and trial. Signed retainers, medical authorizations, and settlement signings can all be handled remotely. We know that PIP and UM/UIM on your own auto policy generally apply to a pedestrian struck by an at-fault driver — a coverage path many pedestrians and their families never realize they have. We also handle the Texas Tort Claims Act notice windows when a City of Houston, Harris County, METRO, or state-owned vehicle was involved, and we know the §552.001 et seq. right-of-way framework that decides comparative fault in Texas pedestrian cases.
Greater Houston cities we serve
We represent pedestrian-accident clients across the entire Houston metro — Harris, Fort Bend, Montgomery, Galveston, Brazoria, and Waller counties.
Additional cities served: Humble, League City, Friendswood, Missouri City, Stafford, Conroe, Kingwood, Atascocita, and Richmond. Counties covered: Harris, Fort Bend, Montgomery, Galveston, Brazoria, and Waller.
What to do after a Houston pedestrian crash
- Get medical care immediately. Houston has more high-acuity trauma capacity than almost any U.S. city — Memorial Hermann-Texas Medical Center (Level I, the busiest in Texas), Ben Taub Hospital (Level I, Harris Health), Memorial Hermann The Woodlands (Level I), Memorial Hermann Southwest, HCA Houston Healthcare Clear Lake, Memorial Hermann Northeast (Humble), and Memorial Hermann Sugar Land. Pedestrian-vs-vehicle crashes routinely cause traumatic brain injuries, spinal fractures, internal bleeding, and complex orthopedic trauma. Even pedestrians who feel "okay" should be evaluated within 24 hours — head injuries and internal bleeding take time to fully present.
- Capture the driver's information. Full name, license plate, insurance card photo, vehicle description, and the address shown on the license. If the driver runs, capture as much of the plate, vehicle make/model/color, and direction of travel as you can — that information is the foundation of a hit-and-run UM claim under Tex. Transp. Code §550.021.
- Report the crash. Houston PD handles crashes inside the City of Houston; smaller cities like Sugar Land, Katy, Pearland, Pasadena, Missouri City, and League City have their own departments. Harris County Sheriff and the Constable Precincts handle unincorporated Harris County. DPS handles state highways and interstates. Get the case number from the responding officer — that is the key the official CR-3 will be filed under within 10 days under Tex. Transp. Code §550.062.
- Photograph the scene. Crash location, vehicle damage and the area of impact on the vehicle, road conditions, traffic controls, lighting, sight obstructions, and visible injuries. Photograph the same scene a second time in daylight if the crash occurred at night — lighting is a recurring issue in Houston pedestrian cases.
- Find witnesses. Pedestrian cases turn on independent-witness testimony. Get a name and phone number before they leave the scene. Witnesses who walk away rarely come back.
- Do not give a recorded statement to the at-fault driver's insurer. Their adjusters are trained to get you to say things that limit your recovery — minimizing injury, undercutting fault, locking in low numbers. Refer them to us. We send preservation-of-evidence letters within hours for surrounding business surveillance, traffic-camera footage, doorbell-camera video, and the at-fault vehicle's ECM data before they can be overwritten or spoliated.
Texas pedestrian law — what Houston pedestrians should know
Two-year statute of limitations (§16.003)
Texas Civil Practice & Remedies Code §16.003 sets a two-year SOL from the date of the crash. Government-defendant claims (City of Houston, Harris County, METRO, State of Texas) may have shorter Texas Tort Claims Act notice deadlines as short as six months under §101.101.
Driver's duty toward pedestrians (§552.005)
Texas Transportation Code §552.005 imposes a duty on every driver to exercise due care to avoid colliding with a pedestrian, give warning by sounding the horn when necessary, and exercise proper precaution upon observing a child or any obviously confused or incapacitated person.
Pedestrian right of way (§552.001 et seq.)
Texas Transportation Code Chapter 552 governs pedestrian right of way. §552.001 requires drivers to yield to pedestrians in unmarked crosswalks at intersections. §552.003 requires pedestrians to obey traffic-control signals. §552.006 requires pedestrians to use sidewalks where available.
Mid-block crossings (§552.005)
A pedestrian crossing outside a crosswalk must yield to oncoming traffic — but the driver still has a duty of due care. Comparative fault is shared, not absolute. We push back on adjuster narratives that try to assign 100% of the fault to a mid-block pedestrian.
Hit-and-run duties (§550.021, §550.023)
§550.021 makes leaving the scene of an injury crash a felony. §550.023 imposes a driver's duty to give information and render aid. Hit-and-run convictions support exemplary-damages claims under §41.003.
Modified comparative fault (§33.001)
You can recover damages as long as you are 50% or less at fault. Your recovery is reduced by your share of fault.
Paid or incurred medicals (§41.0105)
Limits medical-bill recovery to amounts actually paid or incurred — particularly important when Memorial Hermann TMC or Ben Taub trauma stays run into six figures.
PIP and UM/UIM cover pedestrians
Texas Personal Injury Protection coverage on your auto policy applies whether you were in a car, on a bicycle, or struck as a pedestrian. UM and UIM coverage under Tex. Ins. Code §1952.0511 on your auto policy also generally applies. A resident relative's policy may also apply.
Electric personal mobility devices (§552.0071)
§552.0071 covers electric personal assistive mobility devices. Riders of e-scooters and similar devices have similar duties and protections in pedestrian-style crashes.
Driving on improved shoulder (§545.058)
Texas Transportation Code §545.058 generally prohibits driving on an improved shoulder. Drivers who hit pedestrians while illegally on the shoulder face per-se liability arguments.
Wrongful Death Act (Chapter 71)
If the pedestrian was killed, Chapter 71 gives surviving spouse, children, and parents the right to recover for loss of love, companionship, financial support, and mental anguish. The survival statute (§71.021) preserves the pedestrian's pre-death pain-and-suffering claim for the estate.
Exemplary damages (§41.003)
Available on clear and convincing evidence of fraud, malice, or gross negligence. DWI by the at-fault driver, criminal hit-and-run under §550.021, knowing distraction, and racing all support gross-negligence claims.
Houston pedestrian-crash hot spots
- Downtown surface streets. Convention-center district, Discovery Green perimeter, the Theater District, and the central business district arterials — Main, Smith, Louisiana, Travis, Milam, Fannin, and San Jacinto.
- Texas Medical Center pedestrian zones. The world's largest medical complex generates constant pedestrian-vehicle interaction along Holcombe, Fannin, Main, and the MD Anderson and Methodist Hospital perimeters. Shift-change times concentrate crashes.
- Galleria, Uptown, and River Oaks. Mixed shopping-district pedestrian volume along Westheimer, Post Oak, and Sage Road. The Galleria parking-garage interface produces a recurring fact pattern.
- Houston Heights and Montrose. Walkable neighborhoods with arterial crossings — Heights Boulevard, 11th Street, Studemont, Yale, Westheimer through Montrose, Montrose Boulevard, and Westheimer at Shepherd.
- Washington Avenue corridor. Late-night bar district with high pedestrian volume crossing Washington and the side streets between Studemont and Heights Boulevard.
- Midtown bar district. Bagby, Brazos, Travis, and Main Street pedestrians crossing arterials at night.
- Rice Village and West University. Restaurant district drop-offs and shopping foot traffic on University Boulevard, Kirby, and Morningside.
- Hermann Park, Museum District, and Zoo area. Family pedestrian volume crossing Fannin and Main near METRORail stations.
- METRO bus-stop perimeters. Boarding and alighting pedestrian crashes at high-volume stops on Main Street, Westheimer, Washington Avenue, Bellaire Boulevard, and Telephone Road.
- METRORail surface crossings. Light-rail at-grade crossings in Midtown, the Museum District, the Medical Center, and the East End extension. Pedestrian-vs-train and pedestrian-vs-vehicle crashes are recurring patterns.
- Sugar Land Town Square and The Woodlands Town Center. Mixed-use district pedestrian volume in master-planned communities.
- Hit-and-run hot spots. Loop 610 frontage roads, the I-45 frontage road north of downtown, and the Beltway 8 frontage roads concentrate hit-and-run pedestrian incidents — frequently late at night with limited witnesses.
Where greater-Houston pedestrian cases are heard
Harris County
The Harris County Civil Courthouse at 201 Caroline Street, Houston. The 11th, 55th, 61st, 80th, 113th, 125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th, 165th, 189th, 190th, 215th, 234th, 269th, 270th, 280th, 281st, and 295th District Courts handle the civil docket.
Fort Bend & Montgomery
Fort Bend County cases (Sugar Land, Missouri City, Stafford, Richmond) go to the Fort Bend County Justice Center, 1422 Eugene Heimann Circle, Richmond. Montgomery County cases (The Woodlands, Conroe, Spring) go to the Montgomery County Courthouse, 301 N Main Street, Conroe.
Federal court (S.D. Tex.)
Cases with diversity of citizenship or substantial federal-law issues can be filed in the United States District Court for the Southern District of Texas, Houston Division, at 515 Rusk Street.
Galveston County cases go to the Galveston County Courthouse at 600 59th Street, Galveston. Brazoria County cases go to the Brazoria County Courthouse at 111 E Locust Street, Angleton. Waller County cases go to the Waller County Courthouse at 836 Austin Street, Hempstead.
Other Houston injury cases we handle
Common questions from Houston pedestrian clients
What is the deadline to file a Houston pedestrian accident lawsuit?
Can I recover if I was crossing outside a crosswalk in Houston?
Does my own auto insurance cover me as a pedestrian struck by a driver?
What if the driver who hit me ran from the scene?
Are there special damages available if my loved one was killed as a pedestrian?
Where will my Houston pedestrian case be filed?
What hospitals handle the most severe pedestrian injuries in Houston?
Does Patterson Law Group have an office in Houston?
How much does it cost to hire Patterson Law Group for a Houston pedestrian case?
Struck while walking in Houston? Talk to a Texas trial lawyer today.
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Legally reviewed by Travis Patterson, Managing Partner of Patterson Law Group.