AUSTIN PEDESTRIAN ACCIDENT ATTORNEYS — MAXIMUM RECOVERY
Texas law requires drivers to yield to pedestrians in crosswalks and exercise due care to avoid striking pedestrians anywhere on the road. Despite this, driver negligence — distracted driving, running red lights, failure to yield, and drunk driving — causes hundreds of pedestrian injuries in Austin every year. Injuries are almost always severe given the disparity between a human body and a 3,000-pound vehicle.
Comparative fault is the main defense. Insurance companies routinely argue that pedestrians contributed to the accident — jaywalking, wearing dark clothing, or being distracted by a phone. Our Austin pedestrian accident attorneys counter these arguments with evidence, witness testimony, and accident reconstruction to establish driver fault.
Damages in Austin Pedestrian Accident Cases
Medical expensesTrauma surgery, hospitalization, rehabilitation — pedestrian injuries frequently require extensive and costly treatment
Lost wagesIncome lost during what can be a lengthy recovery period for serious pedestrian injuries
Pain and sufferingSevere physical trauma and psychological impact — pedestrian accidents cause some of the most serious injuries
Permanent disabilityLifetime compensation for permanent impairment, paralysis, or disfigurement from the collision
Wrongful deathFull wrongful death package for families of pedestrians killed by negligent drivers
Punitive damagesAvailable when the driver was intoxicated, racing, or otherwise showed reckless disregard for pedestrian safety
Most Dangerous Austin Locations for Pedestrians
1
S. Congress Ave & S. 1st St
South Austin's most trafficked pedestrian corridors — high vehicle speeds and frequent crosswalk violations.
2
E. 6th Street & Red River
Austin's nightlife district — high pedestrian volume, impaired drivers, and limited visibility after dark.
3
Lamar Blvd (N. & S.)
One of Austin's busiest arterials — multiple pedestrian fatalities annually at crosswalks and intersections.
4
UT Campus / Guadalupe St (The Drag)
High student pedestrian volume mixed with heavy traffic — crosswalk violations and distracted driving are common.
5
Airport Blvd / US-183 Intersections
North and east Austin corridors with high-speed traffic and inadequate pedestrian infrastructure.
What Drivers & Insurers Claim After Hitting a Pedestrian
"The pedestrian jaywalked" — even when the pedestrian was in a marked crosswalk
"I didn't see them" — not a legal defense, but used to argue shared fault
"They were wearing dark clothing" — used to assign comparative fault to the victim
"They were on their phone" — distraction arguments to reduce the payout
Disputing the severity of injuries with their own medical experts
Offering rapid, inadequate settlements before the extent of injuries is known
Frequently Asked Questions
What rights do pedestrians have in Austin TX?▾
Drivers must yield to pedestrians in crosswalks. Outside crosswalks, pedestrians must yield to vehicles, but drivers still have a duty to avoid striking pedestrians. Jaywalking may reduce your recovery but does not bar it.
Can I recover if I was jaywalking when hit?▾
Yes, under Texas modified comparative fault, you can recover as long as you were less than 51% at fault. Jaywalking may reduce your award but doesn't bar it entirely.
What if the driver fled the scene?▾
Hit-and-run accidents can be covered by your own uninsured motorist (UM) coverage. An attorney investigates every avenue including traffic cameras and witness identification.
How much is a pedestrian accident case worth?▾
Pedestrian accidents typically result in severe injuries and larger settlements than car accidents. Cases with serious injuries regularly settle for six figures or more.
What should I do immediately after being hit as a pedestrian?▾
Call 911. Don't refuse medical care at the scene. Get the driver's insurance and license plate. Photograph everything. Get witness contacts. See a doctor and then contact an attorney.
Can I sue the City of Austin for dangerous pedestrian infrastructure?▾
Potentially. If a dangerous crosswalk, broken signal, or inadequate signage contributed to your accident, a claim against the city may be possible under the Texas Tort Claims Act.