What If I Was Crossing the Street With the Light and a Driver Hit Me?

The traffic signal showed Walk. You stepped into the crosswalk. The driver didn’t yield, didn’t see you, didn’t stop, or chose not to. You ended up on the pavement. Of all the categories of pedestrian crashes, this one has the cleanest fault analysis under Texas law. The pedestrian had the right of way. The driver was required to yield. The driver failed. The collision is the direct result of that failure. The defenses available to the driver are narrow: prove the pedestrian was outside the crosswalk, prove the pedestrian was running and unpredictable, or accept liability. Most of the time, the third option is what eventually happens, but only after the carrier tries the first two.
For more than 30 years, Adley Law Firm has represented Houston pedestrians hit by drivers who failed to yield at crosswalks. Kevin Adley is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a credential held by fewer than 2% of the state’s attorneys and one that requires demonstrated trial experience in pedestrian, cyclist, and other complex personal injury matters. The firm handles the full range of pedestrian crash cases including Houston pedestrian accident claims and broader personal injury matters. Call us at (713) 999-8669 for a free consultation.

What Texas Law Says About Drivers At Walk-Signal Crosswalks

Texas Transportation Code is explicit about driver duties at crosswalks. The duty applies whether or not there’s a walk signal, but a Walk indication strengthens the pedestrian’s right of way to the point where driver fault is essentially automatic. The various subsections of the code cover different scenarios but they share a common principle: pedestrians at signaled crosswalks have priority, and drivers who hit them are responsible.

Where Houston Pedestrian Crosswalk Crashes Actually Happen

NHTSA’s national pedestrian crash data shows where the highest-risk locations are within the broader urban environment. Walk-signal crashes at intersections are a specific subset of the broader pedestrian crash picture, but they share the urban-area pattern and the time-of-day risk profile that NHTSA tracks. Understanding the broader pattern helps explain why crosswalk cases have specific evidence considerations.

Using a crosswalk is the safest way to cross a street, but when a crosswalk crash does happen, the fault analysis is usually clean. The 21% of pedestrian crashes that occur at intersections include the walk-signal cases where pedestrians had right of way. These cases typically settle in the pedestrian’s favor once the carrier accepts the inevitable outcome, but the carrier almost always tries to manufacture defenses first.

How Driver Insurance Carriers Try To Reduce Walk-Signal Case Payouts

Even with the clean fault analysis in walk-signal cases, carriers don’t simply hand over fair settlements. They have a standard playbook for reducing what they pay, and recognizing the tactics helps you push back. None of these tactics typically defeat a walk-signal case, but they slow settlement and reduce offers if not addressed.

Steps That Protect Your Houston Walk-Signal Pedestrian Case

Houston Walk-Signal Pedestrian Crash FAQs

Can The Driver Argue I Was Partly At Fault?

They can try, but it rarely succeeds in walk-signal cases. Texas law protects pedestrians with the Walk signal almost completely. Comparative fault arguments based on phone use, clothing, or speed of crossing usually don’t reduce recovery substantially when the signal favored the pedestrian. The driver had a clear duty to yield and a clear failure to do so.

What If The Driver Says They Didn’t See Me?

“I didn’t see them” is one of the most common defenses in pedestrian cases. It’s also typically an admission of fault rather than a defense. Drivers are required to maintain a proper lookout. A driver who didn’t see a pedestrian in a marked crosswalk on a Walk signal violated their duty, regardless of why they didn’t see.

What If The Signal Was Changing When I Crossed?

Texas law protects pedestrians mid-crossing even when the signal changes. The driver still has to wait for you to complete the crossing. A signal that changed while you were already in the crosswalk doesn’t shift fault to you.

What If I Was Hit By A Turning Vehicle?

Turning vehicles (right or left) must yield to pedestrians in the crosswalk. The Texas Transportation Code is explicit on this point. Drivers turning right on red, drivers turning left across the crosswalk, and drivers turning right with a green arrow all have to yield to pedestrians. A turning vehicle that hit you on a Walk signal is virtually always at fault.

What Can I Recover For?

Texas allows recovery of past and future medical expenses, lost wages, future earning capacity loss, pain and suffering, mental anguish, physical impairment, disfigurement, and property damage. Serious pedestrian crash cases can result in substantial recoveries because the injuries tend to be severe.

How Long Do I Have To File A Lawsuit?

Texas generally allows two years from the date of the crash under the Civil Practice and Remedies Code statute of limitations. Insurance notice requirements are much shorter. Surveillance video and witness memories disappear within days to weeks, so practical deadlines for evidence preservation are tighter than the lawsuit deadline.

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