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Houston Pedestrian Accident Attorneys · 30+ Years in Texas

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 Houston-area clients from our Fort Worth and San Antonio offices. 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, or METRO vehicle was involved.

What to do after a Houston pedestrian crash

  1. Get medical care immediately. Houston has Memorial Hermann-Texas Medical Center (Level I), Ben Taub Hospital (Level I), Memorial Hermann The Woodlands (Level I), Memorial Hermann Southwest, and HCA Houston Healthcare Clear Lake.
  2. Capture the driver's information. Full name, license plate, insurance card photo, vehicle description.
  3. Report the crash. Houston PD handles inside-city crashes; Harris County Sheriff handles unincorporated county; DPS handles state highways. Get the case number.
  4. Photograph the scene. Crash location, vehicle damage, road conditions, traffic controls, sight obstructions, and visible injuries.
  5. Find witnesses. Pedestrian cases turn on independent-witness testimony. Get a name and phone number before they leave.
  6. 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 and traffic-camera footage.

Texas pedestrian law — what Houston pedestrians should know

Two-year statute of limitations

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

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 Memorial Hermann TMC or Ben Taub 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 or struck as a pedestrian. UM and UIM coverage on your auto policy also generally applies.

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, and financial support.

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, or knowing distraction support gross-negligence claims.

Houston pedestrian-crash hot spots

  • Downtown surface streets. Convention-center district, Discovery Green perimeter, and the central business district arterials.
  • Texas Medical Center pedestrian zones. The world's largest medical complex generates constant pedestrian-vehicle interaction.
  • Galleria / Uptown / River Oaks. Mixed shopping-district pedestrian volume with high-volume arterials.
  • Houston Heights and Montrose. Walkable neighborhoods with arterial crossings.
  • Rice Village and West University. Restaurant district drop-offs and shopping foot traffic.
  • METRO bus-stop perimeters. Boarding and alighting pedestrian crashes at high-volume stops on Main Street, Westheimer, Washington Avenue, and Bellaire Boulevard.
  • METRORail surface crossings. Light-rail at-grade crossings in Midtown and the Museum District.
  • Sugar Land Town Square and The Woodlands Town Center. Mixed-use district pedestrian volume.

Where Houston pedestrian cases are heard

Harris County

Harris County Civil Courthouse, 201 Caroline Street. 23 District Courts handle the civil docket.

Surrounding counties

Fort Bend, Montgomery, Galveston, Brazoria, Waller — each has its own county courthouse.

Federal court (S.D. Tex.)

United States District Court for the Southern District of Texas, Houston Division, 515 Rusk Street.

Common questions from Houston pedestrian clients

What is the deadline to file a Houston 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 Houston, Harris County, or METRO can trigger Texas Tort Claims Act notice deadlines as short as six months.
Can I recover if I was crossing outside a crosswalk in Houston?
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 and the physical evidence.
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 struck as a pedestrian. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on your auto policy generally 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 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 from nearby businesses, traffic-camera video, and witness IDs. Texas Transportation Code §550.021 makes leaving the scene of an injury crash a felony, and a criminal hit-and-run conviction can support exemplary damages under §41.003 in the civil case.
Are there special damages available if my loved one was killed as a pedestrian?
Yes. Texas wrongful-death law under Civil Practice & Remedies Code Chapter 71 allows the surviving spouse, children, and parents to recover for loss of love, companionship, and financial support. A survival action under §71.021 also belongs to the estate for the pain, suffering, and medical bills the deceased experienced before death.
Where will my Houston pedestrian case be filed?
Most Harris County civil cases are heard at the Harris County Civil Courthouse, 201 Caroline Street, Houston. The 23 District Courts handle the civil docket. Cases involving METRO 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 Houston?
We do not have a brick-and-mortar office in Houston. We serve Houston-area clients from our Fort Worth and San Antonio offices. 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.
How much does it cost to hire Patterson Law Group for a Houston 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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