Houston Pedestrian Accident Lawyer

It depends on where the person was walking. At a crosswalk with no working signal, and on a “Walk” signal, Texas law makes the driver stop and yield. Away from a crosswalk the pedestrian yields, but every driver must still use due care to avoid hitting a person on the roadway.

The Texas Department of Transportation’s crash facts for 2025 report: “Pedestrian fatalities totaled 695 in 2025.” (Source: TxDOT, Texas Motor Vehicle Traffic Crash Facts, calendar year 2025.) Inside the Houston city limits, 115 of the 323 people killed in traffic crashes in 2022 were on foot, up from 106 the year before; the city’s report states: “Nine additional Pedestrians died (8.5% increase) and 24 more were seriously injured (11% increase).” (Source: City of Houston, Vision Zero Annual Report 2022, Figure 1, from TxDOT crash records; the most recent city report we could open.) Each of those crashes, and each one a person survives, is judged against the same short list of rules.

At a crosswalk with no signal

Section 552.003(a) reads: “The operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian is: (A) on the half of the roadway in which the vehicle is traveling; or (B) approaching so closely from the opposite half of the roadway as to be in danger.” A crosswalk does not have to be painted; the statute treats an unmarked crosswalk at an intersection the same way for the purpose of who must yield when crossing elsewhere (§ 552.005(a)(1)).

Two limits sit in the same section. Under subsection (b), “a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to stop and yield.” And under subsection (c): “The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.” The second rule matters on Houston’s multi-lane streets, where one driver stops and a driver in the next lane does not.

On a “Walk” signal

Section 552.002(b): “A pedestrian or sidewalk user facing a “Walk” signal may proceed across a roadway in the direction of the signal, and the operator of a vehicle shall stop and yield the right-of-way to the pedestrian or sidewalk user.” This is the rule that applies to a driver turning right or left across a crosswalk while the walk signal is lit.

Away from a crosswalk

Section 552.005(a): “A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place: (1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection;” Subsection (b) adds: “Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.” Crossing mid-block does not end the claim. Section 552.008 begins “Notwithstanding another provision of this chapter, the operator of a vehicle shall:” and requires the driver to “exercise due care to avoid colliding with a pedestrian on a roadway;” and to “exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.” How the two duties weigh against each other is decided as a percentage of responsibility, covered below.

On sidewalks, driveways and road shoulders

Section 552.006(c): “The operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall stop and yield the right-of-way to a pedestrian approaching on a sidewalk extending across the alley, building entrance or exit, road, or driveway.” Where there is no sidewalk, subsection (b) says “a pedestrian walking along and on a highway shall walk on the left side of the roadway or the shoulder of the highway facing oncoming traffic” unless that side is obstructed or unsafe.

Houston’s own ordinance

Section 45-44 of the Houston Code of Ordinances adds a city rule for “vulnerable road users,” defined to include “A pedestrian (including a runner), physically disabled person (including a person in a wheelchair), stranded motorist or passenger, highway construction or maintenance worker, tow truck operator, or utility worker in the roadway;” A driver passing one must change lanes when that is safe on a street with two or more lanes in the same direction, or pass at a safe distance, which is in any event “not less than 3 feet if the operator’s vehicle is a passenger car or light truck and not less than 6 feet if the operator’s vehicle is a truck (other than a light truck) or a commercial vehicle.” When turning at an intersection the driver must “yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard.”

When the driver can also be charged with a crime

Since September 1, 2021, Section 545.428 makes it an offense when a person with criminal negligence “operates a motor vehicle within the area of a crosswalk; and” “causes bodily injury to a pedestrian or a person operating a bicycle” or one of the other listed devices. Subsection (c): “An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the person described by Subsection (b)(2) suffered serious bodily injury.” A criminal case is brought by the State and is separate from the injured person’s civil claim for damages. When the driver had been drinking, see our page on drunk driving accident claims; when the driver left, see hit and run claims.