Pedestrian Accident Settlements in Texas
If you have been involved in a pedestrian accident in Texas, understanding how the state's personal injury laws affect your claim is essential. Texas follows the modified comparative fault (50% bar) system, and you have 2 years from the date of your injury to file a lawsuit.
Pedestrian Accident Settlement Range in Texas
Nationally, pedestrian accident settlements range from $10,000 to $300,000. In Texas, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.
Low
$10,000
Estimated
$45,000
High
$300,000
How Texas Law Affects Your Pedestrian Accident Claim
Texas uses a modified comparative fault system with a 51% bar and caps non-economic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total). General personal injury cases in Texas have no cap on non-economic damages. Texas has some of the most active plaintiff's attorneys in the nation, with Houston, Dallas, and San Antonio producing significant personal injury verdicts.
Under Texas's modified comparative fault (50% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 50% or more.
Factors Affecting Pedestrian Accident Claims in Texas
- ✓Driver speed and impairment at time of accident
- ✓Whether pedestrian was in a crosswalk or crosswalk area
- ✓Traffic signals and right-of-way compliance
- ✓Visibility and lighting conditions
- ✓Severity of orthopedic and neurological injuries
- ✓Hit-and-run status and uninsured motorist coverage
- ✓Victim's comparative fault
Common Pedestrian Accident Injuries
Relevant Texas Statutes
- •Tex. Civ. Prac. & Rem. Code § 16.003 (statute of limitations)
- •Tex. Civ. Prac. & Rem. Code § 33.001 (modified comparative fault, 51% bar)
- •Tex. Civ. Prac. & Rem. Code § 74.301 (med mal non-economic cap)
Pedestrian Accident Claims in Texas Cities
If your pedestrian accident occurred in Houston, San Antonio, Dallas, Austin, Fort Worth, or anywhere else in Texas, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.