Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to Dallas, Texas law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
This guide applies to Texas law only. Texas-specific statutes (Tex. Civ. Prac. & Rem. Code § 16.003, Tex. Transp. Code, Tex. Ins. Code), the 51% modified-comparative-fault bar, and Texas insurance minimums govern motor vehicle accident claims in Texas, they do not apply to accidents in other states.
If you were hit by a car while walking in Dallas, Texas gives you 2 years to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. Pedestrians can recover damages even if partially at fault, as long as fault does not exceed 50%.
Key facts for pedestrian accident victims:
- Crosswalk right-of-way: Drivers must yield to pedestrians in marked and unmarked crosswalks under Tex. Transp. Code § 552.003
- Pedestrians can share fault: Texas's 51% bar rule applies, if you jaywalked or crossed against a signal, your compensation is reduced by your fault percentage, not eliminated (unless above 50%)
- Statewide crisis: Texas recorded 768 pedestrian fatalities in 2024, one of the highest pedestrian death counts in the nation
Pedestrian injuries are frequently catastrophic: fractures, traumatic brain injuries, and spinal cord damage. Seek emergency medical care and contact a Dallas pedestrian accident attorney immediately.
Quick Answer — Source Index4§ 3 LAW◎ 1 GOVclaim-level sources
Texas Statute of Limitations: Tex. Civ. Prac. & Rem. Code Ch. 16Texas Statute of Limitations: Tex. Civ. Prac. & Rem. Code Ch. 16✓ Official (source-only)
Texas Pedestrian Right-of-Way: Tex. Transp. Code Ch. 552Texas Pedestrian Right-of-Way: Tex. Transp. Code Ch. 552✓ Official (source-only)
TxDOT Motor Vehicle Crash Statistics 2024TxDOT Motor Vehicle Crash Statistics 2024✓ Official (source-only)
Texas Comparative Fault: Tex. Civ. Prac. & Rem. Code Ch. 33Texas Comparative Fault: Tex. Civ. Prac. & Rem. Code Ch. 33✓ Official (source-only)
Check My Case Value & Protect My Claim
Free · No obligation · 24/7 intake open
⚡ Free · No Obligation
See If You Qualify in 60 Seconds
Step 1: Select accident type
What type of accident were you in?
Right now · first hours
At the scene
Medical first. Concussion and internal injuries can appear hours after a crash. A worsening headache, confusion, repeated vomiting, or numbness means emergency care now (CDC head-injury danger signs).
- 1
Call 911 immediately. Do not attempt to move if you suspect a spinal injury. The CR-3 report must document the crash location relative to crosswalks, traffic signals, and road conditions.
- 2
If physically able, photograph the vehicle that hit you, its license plate, the intersection or crossing location, traffic signals, crosswalk markings, and your visible injuries. Ask a bystander to photograph the scene if you cannot.
- 3
Get the driver's full name, insurance information, and driver's license. Photograph their insurance card and license directly.
Do not
- ✕Refuse medical transport at the scene.
- ✕Give any statement to the driver's insurer. Adjusters will ask leading questions about where you were crossing, whether you looked both ways, and what you were wearing, each designed to inflate your fault percentage.
First 72 hours
Report & preserve evidence
Dallas insurers reflexively assign fault to pedestrians. The first question every adjuster asks is whether you were in a crosswalk and whether you were crossing with the signal. These questions are designed to push your fault toward the 51% bar that eliminates recovery entirely.
- Seek emergency care the same day. Pedestrian impacts produce internal bleeding, hairline fractures, and traumatic brain injuries that may not show symptoms for hours. A same-day ER visit with imaging creates the medical record your claim depends on.
- Dallas has traffic cameras at major intersections and businesses have security cameras that may have captured the crash. Camera evidence overwrites within 24 to 72 hours. Have your attorney send preservation letters to nearby businesses immediately.
- Get names and phone numbers of all witnesses. Witness testimony about crosswalk usage, signal status, and vehicle speed is critical to establishing fault against the driver.
- Tex. Transp. Code § 552.003 requires drivers to yield to pedestrians in both marked and unmarked crosswalks. Even when a pedestrian crosses outside a crosswalk, drivers still owe a duty of care.
Why a pedestrian crash is different
Texas pedestrian cases sit at the severe end of personal injury claims. The legal framework and injury profile create a specific set of challenges:
- Crosswalk right-of-way is statutory. Tex. Transp. Code § 552.003 requires drivers to yield in both marked and unmarked crosswalks. A violation establishes driver negligence directly.
- The 51% bar applies to pedestrians. Jaywalking, crossing against a signal, or distracted walking can reduce your recovery proportionally. It does not eliminate the claim unless your fault exceeds 50%.
- Texas statewide toll. 768 pedestrian fatalities in 2024, one of the highest counts in the nation. Dallas arterials like Buckner Boulevard, Harry Hines, and Lancaster Road see disproportionate volume.
- No PIP without purchasing it. Texas does not mandate PIP. If you declined it, there is no first-party medical coverage while liability is being investigated.
Texas recorded 768 pedestrian fatalities in 2024, ranking among the highest pedestrian death tolls in the United States.
Dallas's wide arterial roads and limited pedestrian infrastructure contribute to elevated pedestrian crash rates. Areas like South Dallas, Pleasant Grove, and Oak Cliff see disproportionate pedestrian accident volume.
Source: TxDOT Crash Records 2024
Legal detailsKey numbers for this case typeCrosswalk right-of-way law, 2024 Texas pedestrian fatality data, and Dallas filing deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| Texas statute of limitations, personal injury | 2 years from accident date | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Texas pedestrian fatalities (2024 statewide) | 768 | TxDOT Crash Records 2024 |
| Crosswalk right-of-way law | Drivers must yield in marked and unmarked crosswalks | Tex. Transp. Code § 552.003 |
| Modified comparative negligence threshold | 51%, exceed this and you recover nothing | Tex. Civ. Prac. & Rem. Code § 33.001 |
| Average ER visit cost, no insurance | ~$2,600 | UnitedHealthcare / Mira |
First 2 weeks · before you sign
Protect the claim before you sign anything
- Keep every ER record, imaging report, and follow-up note. Functional limitations documented over time build the damages case.
- Do not settle before your long-term prognosis is clear. Pedestrian injuries frequently require surgery months later, and a signed Texas release permanently closes the claim.
A quick settlement offer is information to weigh against your full and future costs, not something this page can tell you to accept or reject. When the stakes are unclear, that is a good moment for a licensed Texas attorney.
Local resources (Dallas)
Get your crash report
Texas Peace Officers file a CR-3 crash report for any injury crash. Request it from the TxDOT Crash Records Information System (CRIS) or from the reporting agency. Reports are typically available within 10 business days.
Verified as of Jun 2026Tow and impound
If Dallas PD ordered the tow, contact the Dallas Police non-emergency line (214-671-3100) or check the tow company noted on the CR-3. Bring ID, proof of ownership, and insurance. Daily storage fees accumulate quickly.
Verified as of Jun 2026Body shop
You choose your own repair shop. Under Tex. Ins. Code § 1952.301, the insurer cannot require a specific shop. Ask for an itemized estimate.
Verified as of Jun 2026Medical records
Request copies from each provider. Keep one folder with every bill, imaging report, and visit summary. You will need them to document both PIP claims and any lawsuit.
Verified as of Jun 2026Hospitals & emergency contacts
Emergency and trauma care (Dallas)
Parkland Memorial Hospital is the Dallas County Level I trauma center. For severe injuries, call 911 and EMS will route to the appropriate facility.
Verified as of Jun 2026Police and crash reports
Call 911 for any injury crash. Non-emergency: 214-671-3100. If police do not respond to the scene, you may file a report at any Dallas Police Department substation within 10 days. Always get the CR-3 report number.
Verified as of Jun 2026Common mistakes to avoid
- 1
Assuming you have no claim because you were not in a crosswalk.
- 2
Not seeking emergency medical care the same day.
- 3
Talking to the driver's insurer without an attorney.
- 4
Not checking for traffic camera and surveillance footage.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a verified local attorney
Pedestrian cases in Dallas are high-severity, and insurers exploit the 51% bar to deny or minimize claims. The verified partner firm for Dallas can take it from here. One firm, credential-checked. No lead auction.
See the verified firm and start a free evaluationWhat runs out, and when
- 2 years from the accident date to file a personal injury lawsuit in Texas (Tex. Civ. Prac. & Rem. Code § 16.003). Miss it and the claim is permanently barred.
- 6 months to file a formal notice if a government vehicle was involved (city bus, DPD vehicle, TxDOT equipment), sometimes as little as 90 days. Verify your situation immediately.
- Exceptions: deadlines for minors can be tolled under Texas law, and government-claim notice deadlines are almost never extended. Verify your specific situation with a licensed Texas attorney.
Frequently Asked Questions
What are my legal rights after being hit by a car as a pedestrian in Dallas?▼
You have the right to file a personal injury claim against the driver who hit you. Texas gives you 2 years to file under Tex. Civ. Prac. & Rem. Code § 16.003. You can recover damages for medical bills, lost wages, pain and suffering, and disability. Your compensation is reduced by your fault percentage but not eliminated unless fault exceeds 50%.
Who is at fault when a pedestrian is hit by a car in Texas?▼
Fault depends on the circumstances. Drivers must yield to pedestrians in crosswalks under Tex. Transp. Code § 552.003. Pedestrians must obey traffic signals and use crosswalks when available. Texas applies modified comparative negligence, both parties can share fault. An insurance adjuster's initial fault assignment is negotiable, not final.
Can a pedestrian be at fault for an accident in Texas?▼
Yes. Jaywalking, crossing against a signal, or walking while intoxicated can contribute to pedestrian fault. Under Texas's 51% bar rule, a pedestrian assigned more than 50% fault recovers nothing. At 30% fault, compensation is reduced by 30%. Fault is negotiated, not automatic, an attorney can challenge inflated pedestrian fault assignments.
What to do in the first 72 hours after a pedestrian accident?▼
Call 911, get emergency medical treatment, photograph the scene and vehicle, collect witness information, and file a police report. Do not speak with the driver's insurer. Contact a pedestrian accident attorney within 48 hours. Preserve any evidence of the crash location, traffic signals, and your visible injuries.
How much is a pedestrian accident settlement worth in Dallas?▼
Pedestrian settlements vary widely. Soft tissue injuries may settle for $15,000–$50,000. Fractures and surgeries range from $50,000 to $200,000. Traumatic brain injuries and spinal cord damage can exceed $500,000. The average Texas jury verdict for personal injury is $826,892. Your case value depends on injury severity, medical costs, and fault allocation.
What if the driver that hit me has no insurance?▼
File a claim under your own Uninsured Motorist (UM) coverage if you have it. If you have health insurance, your medical insurer covers treatment costs but may seek reimbursement from any settlement (subrogation). You can also sue the uninsured driver directly. An attorney can identify all available recovery paths.
Does Texas require drivers to yield to pedestrians in crosswalks?▼
Yes. Tex. Transp. Code § 552.003 requires drivers to yield the right-of-way to pedestrians in both marked and unmarked crosswalks. Failure to yield is a traffic violation and establishes driver negligence. This law applies at signalized intersections, unsignalized crossings, and school zones.
Should I hire a lawyer after a pedestrian accident in Dallas?▼
Yes. Pedestrian injuries are almost always severe, and insurers aggressively assign fault to pedestrians to reduce payouts. An attorney challenges inflated fault assignments, prevents premature settlement, and negotiates with the insurer while you focus on recovery. Most pedestrian accident attorneys work on contingency, no fee unless you recover.
How this was verified
Reviewed by: Not Yet Claimed · TX Bar #0000000 · Data as of: Mar 2026 · Next review: 2026-Q3.
What we did not verify: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] Texas Statute of Limitations: Tex. Civ. Prac. & Rem. Code Ch. 16 ↗
- statute[2] Texas Pedestrian Right-of-Way: Tex. Transp. Code Ch. 552 ↗
- .gov[3] TxDOT Motor Vehicle Crash Statistics 2024 ↗
- statute[4] Texas Comparative Fault: Tex. Civ. Prac. & Rem. Code Ch. 33 ↗
This guide applies to Texas law only and provides legal information, not legal advice. Laws change and apply differently to each situation. For advice about your case, talk to a licensed Texas attorney.
Check My Case Value & Protect My Claim
Free · No obligation · 24/7 intake open
⚡ Free · No Obligation
See If You Qualify in 60 Seconds
Step 1: Select accident type
What type of accident were you in?