Pedestrian Accidents Your Injury Was Not Your Fault, And You Deserve To Be Made Whole

Austin Pedestrian Accident Lawyer

Q: How soon after a pedestrian accident should I contact a lawyer?

Immediately. The Texas statute of limitations is two years, but crucial evidence like video footage and witness memories disappear much faster. Contacting an attorney right away allows for preservation of the evidence needed to win your case.

Fighting for Injured Pedestrians Against Insurance Companies

In a collision between a person and a vehicle, the pedestrian always loses. In an instant, your life can be shattered by a driver's negligence, leaving you with catastrophic injuries, mounting medical bills, and no way to earn a living.

But the fight is just beginning. The driver's insurance company will immediately go to work to protect itself. They will try to blame you for the accident—claiming you were in the wrong, distracted, or "darted out." At Smith & Vinson Law Firm, we do not let them.

Our award-winning trial lawyers are not afraid to take on the biggest insurance corporations. We know their tactics, and we know how to counter them. Our job is to hold the negligent driver accountable and fight for the maximum compensation you deserve.

From the beginning, we focus on putting you in the strongest position possible. That can include coordinating with your medical providers so your care continues while your case is pending, helping you understand how to handle insurance calls, and explaining what to expect at every stage. Because we routinely handle serious injury cases in Austin, we understand how local crash reports, EMS records, and treatment at area hospitals fit together to tell the full story of what happened to you.

If you were hit by a car, do not talk to an insurance adjuster. Talk to us. Call (512) 359-3743 for a free, confidential consultation.

Why Choose Smith & Vinson Law Firm for Your Pedestrian Accident Case?

When you are fighting for your future, you need a law firm with a proven record of winning in the courtroom.

You Pay Nothing Unless We Win: We handle all pedestrian accident cases on a contingency-fee basis. This means you pay no upfront costs, and we only collect a fee if we win your case.
We Are Trial Lawyers, Not a Settlement Mill: Insurance companies know which lawyers will accept a low offer and which lawyers will fight them in court. Our reputation as former prosecutors and a former judge who have handled thousands of cases prepares us for trial from day one. This thorough preparation gives us the leverage to demand a full and fair settlement.
We Have a Record of High-Value Results: We have successfully recovered millions of dollars for our injured clients, including a $2.5 Million personal injury settlement and an $810,000 wrongful death result. We have the resources and experience to handle complex injury cases.

When you hire us, you work directly with a legal team that knows Austin and understands how pedestrian crashes happen here—from busy downtown intersections and areas around the University of Texas to high-speed roads where drivers fail to yield at crosswalks. We use that knowledge, along with accident reconstruction and testimony from qualified medical professionals, to present a clear picture of how the driver’s choices changed your life and why you should be compensated under Texas law.

Contact Our Austin Pedestrian Accident Lawyers Today

Do not let an insurance company pressure you into accepting less than you deserve. You need a team of aggressive trial lawyers to fight for your rights.

Contact Smith & Vinson Law Firm at (512) 359-3743 for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain how we will fight for you. You pay us nothing unless we win your case.

Common Causes Of Pedestrian Accidents In Austin

Understanding how these crashes happen can help you see why the driver, not the pedestrian, is often at fault. In Austin, many serious pedestrian collisions occur when drivers are speeding through downtown corridors, failing to yield at crosswalks near schools, or turning right on red without checking the crosswalk on roads like Lamar Boulevard or South Congress Avenue. Other wrecks involve distracted drivers who are looking at a phone instead of the road or motorists who do not adjust their speed for heavy foot traffic during events and festivals.

We carefully examine the circumstances of each crash to determine what went wrong. That may involve looking at whether a driver ignored a walk signal on Guadalupe Street near the University of Texas campus, whether poor lighting in a particular intersection made it harder to see you, or whether a rideshare or delivery driver was rushing to complete a job. By identifying the specific choices that led to the impact, we can better explain to an insurance company or a jury why the driver should be held responsible under Texas law.

In many cases, the pattern of collisions in a particular part of Austin also gives us important clues. If an intersection along I-35 frontage roads or near major bus stops has a history of prior pedestrian crashes, that may suggest ongoing problems with visibility, signal timing, or driver behavior that support your claim. We look for details such as whether a driver was exiting a parking lot too quickly, cutting across a bike lane without checking for people on foot, or ignoring flashing school zone signals during drop-off and pick-up hours. By tying these local conditions to what happened in your case, we can build a clearer and more persuasive explanation of why the driver’s conduct fell below what Texas law requires.

Texas Laws That Affect Pedestrian Accident Claims

Pedestrian accident claims in Austin are governed by a specific set of Texas laws: the pedestrian statutes in the Transportation Code, the state's modified comparative negligence rule, and a strict filing deadline. Together, these laws determine who was at fault, how much compensation is available, and how much time you have to act. Understanding them helps explain why an insurance adjuster's version of "who's to blame" doesn't always match what the law actually says.

Driver and Pedestrian Duties Under the Law

Texas Transportation Code Chapter 552 sets out specific rules for how drivers and pedestrians must share the road:

Drivers must yield to a pedestrian crossing with a steady "Walk" signal.
At a crosswalk with no traffic signal, a driver must stop and yield to a pedestrian on the driver's half of the road, though a pedestrian also cannot suddenly step off a curb into the path of a car too close to stop in time.
A pedestrian crossing outside a marked or unmarked crosswalk must yield to oncoming traffic.
Regardless of what a pedestrian does, the law still requires drivers to exercise due care, sound the horn when needed, and take extra precaution around children or anyone who appears confused or incapacitated.
Where a sidewalk is provided, pedestrians must use it; where none exists, they should walk facing traffic on the left side of the road.

When we build a case, we compare the driver's actions against these specific duties to show an insurer or a jury exactly how the law was violated.

How Shared Fault Affects Your Compensation

Texas follows a modified comparative negligence rule, sometimes called the "51% bar rule," under Civil Practice and Remedies Code Chapter 33. A pedestrian who is found less than 51% at fault can still recover compensation, though the award is reduced by their share of the blame. For example, a pedestrian found 30% at fault would see a $100,000 settlement reduced to $70,000. A pedestrian found 51% or more at fault cannot recover anything from the driver.

Time Limits You Cannot Miss

Texas law generally gives you two years from the date of the collision to file a personal injury or wrongful death lawsuit in a Travis County court, under Civil Practice and Remedies Code Section 16.003. If your claim involves a government entity, such as a city bus, the notice deadline is often much shorter, sometimes just a matter of months. Acting early lets us gather evidence and speak with witnesses while the details are still fresh.

Insurance Coverage After a Pedestrian Accident

Texas is an at-fault insurance state, meaning the driver who caused the crash is responsible for the damages. Drivers are required to carry a minimum of $30,000 per injured person and $60,000 per accident under Transportation Code Chapter 601, a limit that serious pedestrian injuries can exceed quickly. If the driver is uninsured, underinsured, or leaves the scene, you may still be able to recover through your own Uninsured/Underinsured Motorist (UM/UIM) or Personal Injury Protection (PIP) coverage, even though you were on foot at the time.

Cases We Take

Your Recovery Is Our Priority

The #1 Challenge: The Insurance Blame Game

In Texas, the most common defense in a pedestrian accident is to blame the victim. The insurance company will investigate to see if they can claim you were:

Jaywalking or crossing outside a crosswalk
Distracted by your phone
Ignoring a "Don't Walk" signal
"Darting out" into traffic

They do this because Texas follows a "modified comparative fault" rule. This law states that if you are found to be 51% or more at fault for the accident, you are barred from recovering a single dollar.

Our job is to fight this tactic. We immediately get to work gathering evidence—like surveillance video from nearby businesses, cell phone records from the driver, and witness statements—to show that the driver was the one who was negligent, distracted, speeding, or failed to yield the right of way.

Because we routinely handle cases in Austin, we know how to obtain and review key records such as police reports, 911 recordings, and traffic signal timing data from local agencies. We also work with investigators who can visit the crash scene, document sight lines, measure skid marks, and identify any nearby cameras that may have captured the impact. All of this helps us challenge an insurance company’s attempt to push blame onto you and protect your right to pursue a financial recovery.

Fighting for Full Compensation for Your Injuries

A pedestrian accident can result in devastating, life-altering injuries. We fight to recover compensation for all your damages, including:

All current and future medical bills
Lost wages and reduced earning capacity
Physical pain and suffering
Mental anguish
Disfigurement and scarring
Permanent impairment or disability

When we build your claim, we look beyond the initial hospital bills to understand how your injuries will affect you in the long term. That can mean working with your treating doctors to document permanent limitations, consulting with vocational professionals about how your ability to work has changed, and, when necessary, using life care planners to estimate the cost of future surgeries, therapies, and assistance. By presenting this full picture, we put you in a better position to pursue a settlement or verdict that reflects the true impact of the crash on your life in Austin.

What To Do After A Pedestrian Accident In Austin

The steps you take in the hours and days after being hit by a vehicle can affect both your health and your legal claim. If you are able, calling 911 and waiting for law enforcement to arrive ensures that a formal crash report is created and that EMS can evaluate you at the scene. Getting prompt medical care at an Austin-area hospital or clinic not only protects your well-being, it also creates records that link your injuries to the collision.

After you have received emergency care, it is helpful to gather and keep anything related to the wreck. That can include photographs from near the crash site, contact information for witnesses, and any paperwork you receive from the Austin Police Department or other responding agency. You should also avoid posting about the collision on social media or giving detailed statements to an insurance company before you have spoken with a lawyer, because those comments can be used to argue that your injuries are less serious than they truly are.

Once your immediate medical needs are addressed, reaching out to a law firm that regularly handles pedestrian injury cases in Austin allows you to understand your options before important deadlines pass. A legal team can calculate the statute of limitations that applies, explain whether a claim will likely be handled informally with an insurer or filed in a Travis County court, and start protecting critical evidence. Having someone focused on the legal side from the beginning lets you concentrate on following your doctors’ recommendations and adjusting to day-to-day life after the crash.

Many people are unsure what to bring to an initial consultation or how to prepare for that first call with an attorney. It can be helpful to gather your discharge papers from any Austin hospital or clinic, copies of imaging or test results, the crash report number if you have it, and information about your health insurance coverage. Keeping a simple journal of your symptoms, missed workdays, and ways the injuries interfere with daily tasks also gives us a clearer picture of how the incident has affected you. The more information you have available, the more specific guidance we can offer about what a pedestrian accident attorney may be able to do for you under Texas law.

Our Process: How We Fight for You

Our process begins with a free case evaluation and strategy session where we will listen to your story, review the police report and other evidence, and give you an honest assessment of your case and your legal options. From there, we launch an immediate investigation to preserve critical evidence before it disappears. While we build your case, our team works closely with you, your doctors, and life care planners to calculate the full value of your claim, including all current and future medical bills, lost wages, and the full extent of your pain and suffering. Finally, we move to aggressive negotiation and litigation, sending a detailed demand package to the insurance company. We negotiate from a position of strength, and if they refuse to pay what your case is worth, our trial lawyers will file a lawsuit and take them to court.

Throughout this process, we keep you informed so you always know what is happening with your claim. We explain major steps such as filing a lawsuit in the appropriate Travis County court, answering written discovery, and preparing for a deposition in clear, straightforward terms. Our goal is to shoulder the legal burden so you can focus on medical treatment and day-to-day recovery, while still having the information you need to make confident decisions about any settlement offers.

Speak with our Austin Pedestrian Accident Lawyer today—call (512) 359-3743 for a free consultation and let us fight for the compensation you deserve.

Highly Recommend - Professional, Compassionate, and Responsive Team!
“I had a very positive experience working with Smith and Vinson Law Firm. Jarrod and his paralegal, Paloma, were very organized, professional, responsive, and kept me informed throughout the process. Jarrod is very knowledgeable and experienced, and I especially appreciate his thoughtful consideration and genuine compassion during a very traumatic personal injury time.
Jarrod was always accessible and prompt whenever I had questions or when matters needed attention, which made a meaningful difference throughout the process.
Everything was handled with care and attention to detail, and I would highly recommend Jarrod and his team.
”

- Ravi K.

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Pedestrian Accidents

Frequently Asked Questions

Answers from the Austin pedestrian accident attorneys at Smith & Vinson Law Firm

How soon after a pedestrian accident should I contact a lawyer?

Immediately. The Texas statute of limitations is two years, but crucial evidence like video footage and witness memories disappear much faster. Contacting an attorney right away allows for preservation of the evidence needed to win your case.

What compensation might be available after a pedestrian accident?

You may be entitled to recover costs for all your medical treatment, all lost income, and non-economic damages for your physical pain, mental anguish, and the impact the injury has had on your life.

Who could be liable in a pedestrian accident in Austin?

Liability may rest with the at-fault driver. If the driver was working — for example, for a delivery service — their employer might also be liable. In some cases, a government entity could be at fault for a poorly designed or maintained crosswalk.

What if I was partially at fault for the accident?

Under Texas’s comparative fault rule, you can still recover damages as long as you are not 51% or more at fault. Our job is to gather the evidence to minimize any percentage of fault wrongly assigned to you.

What if the driver who hit me fled the scene?

You may still be able to recover compensation after a hit-and-run pedestrian accident. If the driver cannot be identified, your own uninsured motorist coverage may provide a source of recovery. If the driver is later identified through witnesses, surveillance footage, or a police investigation, you may also be able to pursue a claim directly against them.

Can I file a claim if I was hit by a rideshare or delivery driver in Austin?

Yes. Pedestrian accidents involving rideshare or delivery drivers can involve additional insurance coverage beyond the driver’s personal policy, depending on whether the driver was logged into the app or actively making a delivery at the time of the crash. These cases often require identifying which insurance policies apply and how much coverage is available.

What if I was hit by a car while walking in a parking lot?

Pedestrian accidents are not limited to streets and crosswalks. Parking lots present their own hazards, including limited visibility, backing vehicles, and drivers who are not watching for foot traffic. Liability in these cases depends on the specific facts, including whether the driver was negligent and whether the property owner maintained safe conditions for pedestrians.

Can children injured while walking recover compensation for a pedestrian accident?

Yes. A parent or legal guardian may pursue a personal injury claim on behalf of a child injured while walking, whether the accident occurred near a school, in a neighborhood, or elsewhere. Compensation may cover medical treatment, future care needs, and other damages allowed under Texas law.

What if the driver who hit me was uninsured or underinsured?

If the at-fault driver has no insurance or insufficient coverage to fully compensate you, your own uninsured or underinsured motorist coverage, if you have a policy, may provide an additional source of recovery. Identifying every available source of coverage is an important part of building a pedestrian accident claim.

Do I need a police report to pursue a pedestrian accident claim in Austin?

A police report is not always required to pursue a claim, but it can serve as important evidence documenting how the accident occurred. When available, a police report may include witness information, diagrams of the scene, and the responding officer’s observations, all of which can help support your case.

Have questions about your pedestrian accident case? Talk to the Smith & Vinson trial team for a free, confidential consultation. You pay nothing unless we win.

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$1.2M Premises Liability
Our client, a 58-year-old IT professional, was visiting a commercial office building in Austin for a business appointment when he fell on a defective stairway. The stairway was missing a code-required handrail and had inadequate lighting. He suffered a severe ankle injury requiring surgery with permanent hardware.
$400K Personal Injury
Our client, a 26-year-old construction worker, was T-boned by a commercial plumbing truck that ran a red light at highway speed. The impact totaled his vehicle and left him with four cervical herniations, three thoracic herniations, and a permanent traumatic brain injury confirmed by advanced DTI imaging. The insurance company's initial offer was $100,000.
$67k Collision
Rear-ended by an underinsured driver, our client faced serious injuries and mounting medical bills. After securing the at-fault driver’s $30,000 policy limits, we pursued additional compensation through underinsured motorist coverage—recovering an extra $37,500 to help support her continued recovery.

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