Austin Pedestrian Accident Attorneys · 30+ Years in Texas

Austin Pedestrian Accident Lawyers

Struck by a driver while walking, riding a Bird or Lime scooter, or biking in Austin? 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 Austin from our San Antonio office.

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How we serve Austin clients

Patterson Law Group does not maintain a brick-and-mortar office in Austin. We serve Austin-area clients from our San Antonio office (about 80 miles south on I-35) and our Fort Worth office. We know that PIP and UM/UIM on your own auto policy generally apply to a pedestrian or e-scooter rider struck by an at-fault driver. We also handle the Texas Tort Claims Act notice windows when a City of Austin, Travis County, or CapMetro vehicle was involved.

What to do after an Austin pedestrian or e-scooter crash

Get medical care immediately. Austin has Dell Seton Medical Center at UT Austin (Level I trauma, the only Level I in Central Texas), St. David's South Austin, St. David's Round Rock, and Ascension Seton.
Capture the driver's information. Full name, license plate, insurance card photo, vehicle description. For e-scooter/e-bike crashes, also document the scooter unit number, app screenshots, and the trip record.
Report the crash. Austin PD handles inside-city; Travis County Sheriff handles unincorporated; DPS handles state highways. Get the case number.
Photograph the scene. Crash location, vehicle damage, road conditions, traffic controls, sight obstructions, scooter/bike condition, and visible injuries.
Find witnesses. Pedestrian and e-scooter cases turn on independent-witness testimony.
Do not give a recorded statement to the at-fault driver's insurer. Refer them to us. We send preservation-of-evidence letters within hours for surrounding business surveillance, traffic-camera footage, and (for e-scooter/e-bike cases) the share-fleet operator's telemetry records.

Texas pedestrian law — what Austin pedestrians should know

Two-year statute of limitations

Texas Civil Practice & Remedies Code §16.003. Government-defendant claims may have shorter notice deadlines.

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.

Pedestrian right of way (§552.001 et seq.)

Texas Transportation Code Chapter 552 governs pedestrian right of way at crosswalks, intersections, and along roadways.

Modified comparative fault (§33.001)

You can recover damages as long as you are 50% or less at fault.

Paid or incurred medicals (§41.0105)

Limits medical-bill recovery to amounts paid or incurred. With Level I trauma stays at Dell Seton easily running into six figures, careful documentation matters.

PIP and UM/UIM cover pedestrians

Texas PIP coverage on your auto policy applies whether you were in a car, on a scooter, or struck as a pedestrian.

E-scooter and e-bike framework

Texas does not have a comprehensive statewide e-scooter statute. Austin city ordinances regulate where e-scooters can be ridden and parked. Product-liability claims against the scooter manufacturer or the share-fleet operator may also be available.

Wrongful Death Act (Chapter 71)

If the pedestrian was killed, Chapter 71 gives surviving spouse, children, and parents the right to recover.

Austin pedestrian-crash hot spots

6th Street and Rainey Street entertainment districts. Late-night DWI driver crashes at the entertainment-district perimeter.
SXSW corridor and Convention Center area. Surge pedestrian volume during festival weeks.
UT Austin campus perimeter. University foot traffic crossing Guadalupe Street, MLK Boulevard, and 21st Street.
South Congress (SoCo). Pedestrian, e-scooter, and bicycle traffic mixed with vehicle volume.
The Domain and Domain Northside. Pedestrian-and-shopper district crossings.
East Austin and East 6th Street. Restaurant and bar district pedestrian volume.
CapMetro bus stops and METRORapid stations. Boarding and alighting pedestrian crashes.
MetroRail Red Line at-grade crossings. Pedestrian-vs-train and pedestrian-vs-vehicle crashes at rail crossings.

Where Austin pedestrian cases are heard

Travis County

Heman Marion Sweatt Travis County Courthouse, 1000 Guadalupe Street, Austin. 12 civil district courts.

Williamson & Hays

Williamson County Justice Center (Georgetown), Hays County Government Center (San Marcos).

Federal court (W.D. Tex.)

United States District Court for the Western District of Texas, Austin Division, 501 W 5th Street.

Other Austin injury cases we handle

Common questions from Austin pedestrian clients

What is the deadline to file an Austin pedestrian accident lawsuit?

Two years from the date of the crash under Texas Civil Practice & Remedies Code §16.003. If the pedestrian was killed, the wrongful-death statute of limitations is also two years from the date of death under §16.003(b). Claims involving the City of Austin, Travis County, CapMetro, or UT Austin can trigger Texas Tort Claims Act notice deadlines as short as six months.

Can I recover if I was crossing outside a crosswalk in Austin?

Yes, in many cases. Texas Civil Practice & Remedies Code §33.001 applies a modified comparative-fault rule: you can recover as long as you are 50% or less at fault. Texas Transportation Code §552.005 imposes a duty on every driver to exercise due care toward pedestrians — including those crossing mid-block. The carrier will argue otherwise; we push back with sight-line photographs.

Does my own auto insurance cover me as a pedestrian struck by a driver?

Often yes. Texas Personal Injury Protection (PIP) on your auto policy applies whether you were driving, riding as a passenger, on a bike or scooter, or struck as a pedestrian. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on your auto policy generally also applies to a pedestrian struck by an at-fault driver who is uninsured or under-insured. A resident relative's policy may also apply.

What about e-scooter and e-bike injuries in Austin?

Austin was one of the earliest major U.S. cities to adopt shared e-scooter and e-bike fleets (Bird, Lime, and others). When an e-scooter or e-bike rider is struck by a motor vehicle, the same Texas comparative-fault and PIP/UM/UIM framework applies. When the rider is injured by a defective scooter or e-bike, product-liability claims under Texas common law also become available. We pursue every available defendant.

What if the driver who hit me ran from the scene?

Texas treats a hit-and-run with an unidentified driver as an Uninsured Motorist claim when there is corroborating evidence — independent witness testimony, surveillance video, or physical contact with the phantom vehicle. We pursue surveillance footage, traffic-camera video, and witness IDs. Texas Transportation Code §550.021 makes leaving the scene of an injury crash a felony.

Where will my Austin pedestrian case be filed?

Most Travis County civil cases are heard at the Heman Marion Sweatt Travis County Courthouse, 1000 Guadalupe Street, Austin. The 12 civil district courts handle the docket. Cases involving CapMetro buses or city-owned vehicles implicate the Texas Tort Claims Act, which has a short notice deadline — sometimes as short as six months under §101.101.

Does Patterson Law Group have an office in Austin?

We do not have a brick-and-mortar office in Austin. We serve Austin-area clients from our San Antonio office (about 80 miles south on I-35) and our Fort Worth office.

How much does it cost to hire Patterson Law Group for an Austin pedestrian case?

Nothing up front. We take pedestrian-injury cases on contingency — you pay no attorney fees unless we recover for you. The consultation is free and confidential. Se habla español.

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