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Texas pedestrian cases sit in an unusual structural position. Against private defendants, Texas is more plaintiff-friendly than its tort-reform reputation: no non-economic cap and a 51% bar that lets cases survive at exactly 50% fault. Against public entities, the Texas Tort Claims Act is one of the harshest, with short notice deadlines and tight per-person damage caps. The Houston pedestrian fatality crisis sharpens the case-value stakes.
Key facts at a glance
Texas Pedestrian Accident Settlement Values (2026)
Last updated
- 51% bar rule
- Under CPRC section 33.001, a claimant cannot recover if the claimant's percentage of responsibility is GREATER THAN 50%. At exactly 50% fault you still recover (half). At 51% you recover $0. Same effective math as Illinois.
- No private caps
- Texas has NO statutory cap on non-economic damages for private-defendant general negligence or wrongful death cases. The medical-malpractice caps under CPRC chapter 74 do NOT apply to pedestrian-struck cases.
- Driver yield duty
- Under Transportation Code section 552.003, the driver SHALL YIELD the right-of-way to a pedestrian in a marked or unmarked crosswalk when no signal is in place. YIELD (not stop), weaker than Illinois (625 ILCS 5/11-1002) or Washington (RCW 46.61.235).
- TTCA caps
- Texas Tort Claims Act CPRC chapter 101: written notice within 6 months (Houston 90 days, Dallas 60 days). Damages capped at $250K per person, $500K per occurrence for State and municipalities; $100K per person, $300K per occurrence for other local government.
- Rejectable PIP
- 30/60/25 minimum BI under Transportation Code 601.072. PIP must be offered at $2,500 minimum (Insurance Code 1952.151) but is rejectable in writing. UM/UIM must be offered (Insurance Code 1952.101) but is also rejectable in writing. Texas has the highest uninsured-driver rate in the US at approximately 20%.
- Pedestrian fatality crisis
- 772 statewide pedestrian deaths in 2024 per TxDOT, one in five of all TX traffic fatalities. Houston: 119 pedestrian deaths in 2024 (third highest in the US). Westheimer Road ranked #1 deadliest pedestrian street in America 2021 to 2023 with 19 deaths on a 3.5-mile section.
Source: SetCalc analysis of CPRC chapter 33 (proportionate responsibility, 'greater than 50%' bar under section 33.001); Transportation Code section 552.003 (pedestrian yield duty in crosswalks); section 552.002 ('Walk' signal yield duty); section 552.008 (general due-care duty); CPRC section 16.003 (2-year personal injury and wrongful death SOL); CPRC chapter 101 (Texas Tort Claims Act, 6-month notice under 101.101, $250K/$500K and $100K/$300K caps under 101.023); CPRC section 41.008 (punitive damages cap); Transportation Code section 601.072 (30/60/25 minimum liability); Insurance Code section 1952.151 (PIP offer); Insurance Code section 1952.101 (UM/UIM offer); 2024 TxDOT Texas Motor Vehicle Traffic Crash Facts; City of Houston Vision Zero data; City of Dallas Open Data Portal; cited Texas pedestrian outcomes 2020 to 2026. Get your free Texas pedestrian accident settlement estimate →
How Much to Expect From a Pedestrian Accident Settlement in Texas
Texas pedestrian struck-by-vehicle settlements span from $5,000 for minor cases to many millions for catastrophic and wrongful-death cases against private defendants. The no-non-economic-cap framework for private defendants gives Texas catastrophic cases meaningful ceilings; the TTCA $250K cap against state and municipal entities sharply constrains recoveries against public-entity vehicles regardless of injury severity.
Cited representative Texas pedestrian outcomes include:
- • $5,200,000 Dallas County settlement (Weinstein Law, announced February 2 2026) for a 78-year-old woman who was struck and run over by a commercial garbage truck backing up at a grocery store parking lot. The truck backed without a spotter and without a functioning backup camera, both required by company policy; the camera had been inoperable for months. The driver admitted poor visibility and no formal training for operating in pedestrian zones. The plaintiff lost her leg, her mobility, and her independence; case resolved after months of discovery and mediation.
- • $3,650,000 Texas verdict for the family of a teenage pedestrian killed in a vehicle crash
- • $2,100,000 Texas settlement for a family in a fatal pedestrian crash
- • $1,800,000 Texas settlement for a pedestrian struck in a crosswalk
- • Catastrophic TBI / spinal cord $1,500,000 to $10,000,000+ driven by uncapped non-economic and uncapped economic damages against private defendants
- • Surgical orthopedic $100,000 to $500,000 (fracture, ORIF, microdiscectomy)
- • Moderate fracture / soft tissue $25,000 to $100,000
- • TTCA public-entity case (METRO Houston bus, DART, City of Houston/Dallas vehicle) capped at $250,000 per person and $500,000 per occurrence regardless of injury severity
The 51% Bar Rule (CPRC 33.001): How Proportionate Responsibility Affects Recovery
Texas follows modified comparative negligence (called "proportionate responsibility" under the statute) in Civil Practice and Remedies Code chapter 33. Section 33.001 provides that a claimant may not recover damages "if his percentage of responsibility is GREATER THAN 50 percent." Recovery is otherwise reduced "by a percentage equal to the claimant's percentage of responsibility." The bar threshold is at "greater than 50%", so a claimant found exactly 50% at fault still recovers (just halved).
The Cliff at 51%
Consider a Texas pedestrian case with $400,000 in damages:
- • 0% fault: recover the full $400,000
- • 25% fault: recover $300,000
- • 49% fault: recover $204,000
- • 50% fault: recover $200,000 (still recoverable, halved)
- • 51% fault: recover $0 (case killed)
- • 75% fault: recover $0 (case killed)
The cliff is at 51%, not at 50%. This is the standard "51% bar rule" shared with Illinois, Tennessee, and Georgia. It is more forgiving than Colorado's strict 50% bar (which kills the case AT 50%), but harsher than the pure-comparative regimes in California, Washington, New York, and Arizona.
Joint and Several Liability Under Section 33.013
Texas section 33.013 ties joint and several liability to the proportionate responsibility findings. A defendant is jointly and severally liable for the entire judgment only if that defendant's percentage of responsibility is GREATER THAN 50%. Otherwise each defendant pays only its own percentage share. In multi-defendant pedestrian cases (private driver plus rideshare TNC, or private driver plus dram-shop bar, or driver plus employer), the proportionate-responsibility findings drive which defendant pays jointly and which pays only severally.
Compared to Other Comparative-Negligence Regimes
| Regime | Bar Threshold | Outcome at 50% Fault, $400K Damages |
|---|---|---|
| California / Washington / NY / AZ (pure comparative) | None | $200,000 |
| Texas / Illinois / Tennessee (modified, > 50% bar) | Greater than 50% (51%+ barred) | $200,000 |
| Colorado (modified, 50% bar) | 50% (case killed AT 50%) | $0 |
| Maryland / Virginia / Alabama / NC / DC (contributory) | Any fault | $0 |
Proportionate-Responsibility Management Still Matters
Transportation Code 552.003: The Driver Yield Duty in Crosswalks
Transportation Code section 552.003 is Texas's pedestrian crosswalk right-of-way statute. The driver duty is to YIELD (not to stop, the way Illinois and Washington require). Texas's rule is therefore weaker than the strongest pedestrian-protection regimes, but it still establishes negligence per se when violated and applies to both marked and unmarked crosswalks.
The Core Rule
The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if no traffic-control signal is in place or in operation and the pedestrian is either on the half of the roadway on which the vehicle is traveling, or approaching so closely from the opposite half as to be in danger.
Unmarked Crosswalk Doctrine
Texas follows the unmarked-crosswalk doctrine: every intersection has an unmarked crosswalk along the extension of the curb lines unless signage prohibits pedestrian crossing. The 552.003 yield duty applies to both marked and unmarked crosswalks.
No-Passing Rule at Stopped Crosswalk
Under section 552.003(c), the operator of a vehicle approaching from the rear of another vehicle that is stopped at a crosswalk to allow a pedestrian to cross may not pass that stopped vehicle. Prevents the "pass-through" strike scenario.
Pedestrian Duty
Under section 552.003(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 yield. A pedestrian who darts into the path of a vehicle without warning is a comparative-fault lever for the defense.
"Walk" Signal Rule (Section 552.002)
When a traffic-control signal IS in place and operating, section 552.002 controls. A pedestrian facing a "Walk" signal may proceed in the direction of the signal, and the operator of a vehicle shall yield the right-of-way to that pedestrian. A pedestrian facing a steady red or steady yellow alone may not enter the roadway under section 552.001.
General Due-Care Duty (Section 552.008)
Section 552.008 imposes an overarching driver duty: exercise due care to avoid colliding with a pedestrian on a roadway; give warning by sounding the horn when necessary; and exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway. Even outside the 552.003 crosswalk framework, a driver who hits a pedestrian generally faces a section 552.008 negligence-per-se exposure.
Why 552.003 and 552.008 Matter for Your Civil Case
A Transportation Code section 552.003 citation (failure to yield to a pedestrian in a crosswalk) or section 552.008 citation (failure to exercise due care) against the at-fault driver supports negligence per se in the civil case. The statutory violation establishes the negligence element, leaving causation and damages to be proved. The yield-duty rule is materially weaker than Illinois and Washington's stop-and-yield rules, so Texas pedestrian cases place more emphasis on the section 552.008 general due-care duty and on driver-specific aggravators (speeding, distraction, intoxication, dangerous-design defects). Subpoena the traffic citation, any photos, the police report, body-cam, and witness statements.
No Non-Economic Damages Cap for Private-Defendant Pedestrian Cases
For PRIVATE-defendant pedestrian cases (at-fault driver, commercial trucker, rideshare driver, ordinary corporate defendant), Texas has NO statutory cap on non-economic damages. The much-discussed Texas tort reform damages caps under CPRC chapter 74 apply ONLY to medical malpractice cases (capped at $250,000 per defendant and $500,000 maximum across multiple defendants, with a separate $500,000 cap on wrongful death and survival under section 74.303 indexed from 1977 dollars). For an auto-on-pedestrian collision the chapter 74 caps do NOT apply.
What's NOT Capped (Private Defendants)
- • Pain and suffering
- • Mental anguish
- • Disfigurement
- • Physical impairment
- • Loss of consortium
- • Wrongful death non-economic damages (mental anguish, loss of companionship and society of surviving spouse, children, parents)
- • Past and future medical bills
- • Past and future lost wages and loss of earning capacity
- • Future medical care and life-care plan costs
- • Out-of-pocket expenses
- • Property damage
Punitive Damages ARE Capped (CPRC 41.008)
Exemplary (punitive) damages against a private defendant are capped at the GREATER of (a) $200,000 or (b) two times the amount of economic damages plus an amount equal to any non-economic damages up to a maximum of $750,000. Limited exceptions apply for certain serious felony conduct under section 41.008(c). Intoxication assault and intoxication manslaughter are NOT on the exception list.
How Texas Compares
The no-non-econ-cap framework for private-defendant cases puts Texas on the same plaintiff-favorable damages footing as:
- • Illinois (Lebron v. Gottlieb 2010 struck down statutory caps)
- • Washington (Sofie v. Fibreboard right-to-jury-trial violation)
- • California (no general non-economic cap outside MICRA medical-malpractice)
- • New York (no statutory caps)
- • Arizona (Anti-Abrogation Clause prohibits all damage caps)
Texas is materially more plaintiff-favorable than:
- • Colorado (HB 24-1472 $1.5M general / $2.125M wrongful death caps)
- • Tennessee ($750K non-economic cap, $1M catastrophic)
For catastrophic pedestrian cases against private defendants (severe TBI with cognitive deficit, spinal cord injury, multi-system trauma, wrongful death), the no-cap framework matters enormously. A Texas pedestrian case that would be capped at $1.5M in Colorado has no statutory ceiling against a private at-fault driver, commercial trucker, or rideshare TNC defendant. This is how the Weinstein Law February 2026 Dallas County case settled for $5.2M without any private-defendant cap binding the recovery.
METRO, DART, VIA, Capital Metro, and City Vehicles: 6-Month Notice + $250K/$500K Cap
The Texas Tort Claims Act (CPRC chapter 101) is the gateway to any tort recovery against a state or local government entity in Texas. Two structural rules dominate any TTCA pedestrian case: a 6-month notice deadline and a hard cap on damages.
The 6-Month Notice Trap
CPRC section 101.101 requires written notice within 6 MONTHS of the incident. The notice must reasonably describe the damage or injury claimed, the time and place of the incident, and the incident itself. A city's home-rule charter or ordinance may impose a SHORTER notice:
- • City of Houston: 90 days (historical, verify against current ordinance)
- • City of Dallas: 60 days (historical, verify against current ordinance)
- • City of San Antonio: 90 days (historical)
- • City of Austin: 45 days (historical)
- • State and counties: 6 months under section 101.101
Failure to give timely notice is an ABSOLUTE BAR to recovery, regardless of injury severity. The 2-year SOL under CPRC section 16.003 still applies overall, but the 6-month (or shorter) notice is the practical deadline.
The $250K/$500K and $100K/$300K Caps Under Section 101.023
State and Municipalities
Under CPRC section 101.023(a), liability of the State of Texas is limited to money damages in a maximum amount of $250,000 per person and $500,000 per single occurrence for bodily injury or death, and $100,000 per single occurrence for property damage. Section 101.023(c) extends the same cap to municipalities (incorporated cities, including Houston, Dallas, San Antonio, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, etc.).
Other Local Government
Under section 101.023(b), liability of a unit of local government OTHER than a municipality (counties including Harris, Dallas, Bexar, Travis, Tarrant; special districts; metropolitan transit authorities; community colleges; some hospital districts) is limited to money damages in a maximum amount of $100,000 per person and $300,000 per single occurrence for bodily injury or death, and $100,000 per single occurrence for property damage.
Texas Supreme Court: TTCA Caps Are Jurisdictional
The Texas Supreme Court has held that the TTCA caps are jurisdictional, meaning they cannot be exceeded by jury verdict or by judicial discretion. A jury verdict above the cap is automatically reduced by the trial court. The caps apply regardless of injury severity, regardless of comparative-fault findings, and regardless of how many statutory provisions the public-entity driver violated.
- • METRO Houston buses and light rail
- • Dallas Area Rapid Transit (DART) buses and rail
- • VIA Metropolitan Transit (San Antonio)
- • Capital Metro (Austin)
- • City of Houston departments (Public Works, Police, Fire, Solid Waste)
- • City of Dallas, San Antonio, Austin, Fort Worth, El Paso departments
- • Harris, Dallas, Bexar, Travis, Tarrant County vehicles
- • School district vehicles (Houston ISD, Dallas ISD, Northside ISD, Austin ISD, etc.)
- • TxDOT vehicles and dangerous-condition claims (defective signal, missing crosswalk markings, dangerous roadway design)
Limited Waiver of Sovereign Immunity
The TTCA does not waive all sovereign immunity. Section 101.021 waives immunity for personal injuries proximately caused by the negligence of an employee acting within the scope of employment and arising from the operation or use of a motor-driven vehicle, or for personal injuries caused by a condition or use of tangible personal or real property if the government would be liable as a private person. Many discretionary acts are protected by official immunity. Dangerous-condition roadway claims against TxDOT typically require additional proof of actual knowledge of the condition.
Who Pays Your Medical Bills as a TX Pedestrian (Rejectable PIP, Rejectable UM)
Texas is a tort state with no mandatory no-fault PIP. Insurance Code section 1952.151 requires insurers to OFFER at least $2,500 in PIP, but PIP can be rejected in writing. Section 1952.101 requires insurers to offer UM/UIM, but UM/UIM can also be rejected in writing. Unlike Illinois (where UM is mandatory and non-waivable), Texas treats both as offer-and-reject regimes.
Medical Coverage Stack for a TX Pedestrian
- PIP (offered, rejectable): If you did not reject PIP in writing, you have at least $2,500 (often more) of PIP that pays 100% of medical bills plus 80% of lost wages with no deductible up to your limit. PIP follows you as a pedestrian.
- MedPay (optional): If you purchased MedPay on your own auto policy, it pays 100% of medical bills with no deductible up to your limit. MedPay follows you as a pedestrian.
- Your own health insurance: Primary payer for the bulk of pedestrian medical bills, subject to subrogation including ERISA plan reimbursement.
- Hospital and provider liens: Treat now, recoup from settlement under Texas Property Code chapter 55 (hospital lien act).
- At-fault driver's bodily injury policy: Texas minimum 30/60/25 effective January 1 2011 under HB 1816 (raised from the prior 25/50/25).
- Your own UM/UIM coverage: If you did not reject UM/UIM in writing under Insurance Code section 1952.101, you have at least minimum 30/60 UM/UIM that follows you as a pedestrian. UM/UIM is critical because Texas has the highest uninsured-driver rate in the United States.
UM/UIM Is the Critical Coverage for Texas Pedestrians
Crosswalk vs Mid-Block: How Proportionate Responsibility Works
Texas applies proportionate responsibility with the 51% bar under CPRC chapter 33. In pedestrian cases, strike location (crosswalk vs mid-block), signal status, and pedestrian conduct (distraction, intoxication, dark clothing at night) drive the responsibility analysis. The Transportation Code section 552.003 yield rule and section 552.008 due-care rule are the primary statutory counter-weights against pedestrian-fault arguments.
| Pedestrian Position | Right of Way | Typical Comparative Fault Range |
|---|---|---|
| In marked crosswalk with "Walk" signal | Full right of way; 552.002 negligence per se | 0-10% |
| In marked crosswalk without signal | Right of way under 552.003 yield duty | 0-25% |
| In unmarked crosswalk at intersection | Right of way under 552.003 unmarked-crosswalk doctrine | 15-35% |
| Child / obviously confused / incapacitated pedestrian anywhere | Heightened driver duty under 552.008 | 0-20% |
| Crossing against "Don't Walk" / red signal | Vehicle has right of way; 552.001 violation by pedestrian | 35-55% (51% BAR RISK) |
| Mid-block crossing (no crosswalk) | Pedestrian must yield (552.005); driver still owes 552.008 due care | 40-65% (51% BAR RISK) |
| In roadway, not crossing, with distraction or intoxication | Vehicle has right of way | 55-90% (LIKELY BARRED) |
Note the more forgiving math relative to Colorado: a finding of exactly 50% pedestrian responsibility still produces recovery in Texas (halved), whereas the same finding kills the case entirely in Colorado. Texas's weaker 552.003 yield rule (compared to Illinois's stop rule) typically produces slightly higher pedestrian-fault findings in marginal cases, so the section 552.008 general due-care duty and any aggravators (driver speeding, distraction, intoxication, SUV/pickup hood height) become crucial to push fault below the 51% threshold.
Texas's Deadliest Pedestrian Corridors
TxDOT recorded 772 pedestrian deaths in Texas in 2024, one in five of all Texas traffic fatalities. Approximately 77% of pedestrian deaths occurred after dark, and more than half occurred on roads with speed limits at or above 45 mph. Texas pedestrian deaths have risen steadily over the past decade and are concentrated in Houston, Dallas, San Antonio, and Austin.
Westheimer Road (Houston): #1 Deadliest Pedestrian Street in America
A federal study identified Westheimer Road as the deadliest pedestrian street in the United States for 2021 to 2023, with 19 pedestrian deaths concentrated on a 3.5-mile section. Over a 13-year period 36 pedestrians have been killed on the same stretch. Westheimer alone recorded 5 pedestrian deaths, 1 motorcyclist death, and 4 vehicle-occupant deaths in 2024. The corridor combines wide lanes, heavy driveway density, and surge-traffic loading from rush hour and weekend nightlife with heavy pedestrian volume to bus stops, retail plazas, restaurants, and late-shift jobs.
FM 1960 (North Houston): #4 Nationally
FM 1960 in north Houston was tied for 4th nationally with 11 pedestrian deaths between 2021 and 2023 in the same federal study. Houston was the only US city to appear more than once on the deadliest-streets list and the only Texas city on it.
Houston Overall: 119 Pedestrian Deaths in 2024
Houston recorded its highest-ever total of 301 traffic deaths in 2024, including 119 pedestrians killed. Of 115 hit-and-killed pedestrians studied, 78 were struck after failing to yield outside crosswalks. Houston ranked third highest in the US for pedestrian deaths in 2024 federal data. The Houston Vision Zero plan adopted in 2019 under Mayor Turner was paused under Mayor Whitmire, and the Vision Zero dashboard has not been updated since May 2024.
Dallas: 73 Pedestrian Deaths in 2024
Dallas recorded 197 fatal crashes and 208 total traffic deaths in 2024, including 73 pedestrians. Dallas Police identify dangerous corridors including Buckner Boulevard, Marsh Lane, Northwest Highway (Loop 12), Harry Hines Boulevard, and segments of Lemmon Avenue.
San Antonio: 67 Pedestrian Deaths in 2023
San Antonio recorded 606 pedestrian crashes, 67 pedestrian fatalities, and 94 serious pedestrian injuries in 2023. Deadliest corridors include Culebra Road, Bandera Road, large stretches of West Side arterials, and segments along Loop 410 frontage roads.
Austin and Other Major Cities
Austin's dangerous corridors include North Lamar Boulevard, Riverside Drive, East Cesar Chavez, and Burnet Road. Fort Worth, El Paso, and the I-35 / I-10 / US-281 corridor cities all share the Texas pattern of wide arterials, high speed limits, and high rates of after-dark pedestrian deaths.
Speed and Vehicle-Size Risk
Pedestrian death risk at 40 mph is approximately 9 out of 10; at 20 mph it is between 1 and 2 out of 10. More than 50% of Texas pedestrian deaths in 2024 occurred on roads with speed limits at or above 45 mph. SUVs, pickups, and vans with hood heights greater than 40 inches are approximately 45% more likely to cause pedestrian death than vehicles with shorter hood heights. The 77% after-dark fatality share intensifies as a comparative-fault driver focus on driver-side aggravators (high beams not used, distraction, speeding, intoxication).
Use Vision Zero and City Open Data Portals
The City of Houston Vision Zero data (paused but still available through May 2024) and the City of Dallas Open Data Portal both publish traffic crash records. Prior crashes at the strike location support foreseeability and notice arguments against the City and TxDOT for dangerous-design defendants under the TTCA section 101.021 dangerous-condition framework.
Texas Pedestrian Settlement Ranges by Injury Type
Texas pedestrian settlement ranges are uncapped on both sides (economic and non-economic) for PRIVATE-defendant cases. For PUBLIC-entity cases the TTCA $250K (state and city) or $100K (other local government) per-person cap binds the upper end regardless of injury severity.
| Injury Type | TX Pedestrian Range (Private) | Notes |
|---|---|---|
| Soft tissue (rare from pedestrian impact alone) | $5,000 - $40,000 | No PIP floor if rejected; comparative-fault bar risk for mid-block |
| Wrist or hand fracture | $50,000 - $250,000 | Common from fall-arrest reflex; ORIF surgical cases at upper end |
| Tibia / fibula / ankle fracture | $100,000 - $500,000 | Most common pedestrian fracture; commercial-vehicle cases at upper end |
| Pelvic fracture | $200,000 - $1,000,000 | From hood-height impact (worse with SUV/pickup); surgical, prone to gait limitation |
| Herniated disc / spinal injury (non-cord) | $150,000 - $2,000,000 | Surgical (microdiscectomy, fusion) at upper end |
| Lower-limb amputation (commercial vehicle) | $1,500,000 - $7,000,000 | Cited Weinstein Law $5.2M Dallas County February 2026; commercial-truck umbrella stacks |
| Traumatic Brain Injury (TBI) | $300,000 - $10,000,000+ | No private-defendant caps; severe TBI with life-care plan reaches $5M-$10M+ |
| Spinal cord injury / paraplegia | $2,000,000 - $15,000,000+ | No private-defendant caps; commercial-vehicle umbrella stacks at upper end |
| Wrongful death | $1,000,000 - $10,000,000+ | No private-defendant cap; CPRC chapter 71 wrongful death + survival |
| Any injury vs. TTCA state/city defendant | $0 - $250,000 | Section 101.023(a) caps state/city liability at $250K per person regardless of injury severity |
Source: SetCalc analysis of Texas pedestrian settlement data, 2020 to 2026. Cited outcomes: Weinstein Law $5.2M Dallas County February 2026 commercial garbage-truck settlement (78-year-old woman, leg amputation); $3.65M Texas teen pedestrian fatal verdict; $2.1M Texas fatal pedestrian settlement; $1.8M Texas crosswalk-struck pedestrian settlement. No statutory caps on non-economic damages for private-defendant pedestrian cases. TTCA caps under CPRC section 101.023 control public-entity cases.
How to Maximize Your Texas Pedestrian Settlement
Five steps tailored to Texas pedestrian cases. Each addresses the 51% bar rule, the 552.003 yield record, the TTCA 6-month notice and damages cap, the rejectable PIP / UM stack, and the no-private-cap damages framework.
Manage the 51% Bar Rule From Day One
CPRC section 33.001 bars all recovery if your percentage of responsibility is greater than 50%. At exactly 50% you still recover (half). Document everything that supports the driver's negligence and minimizes yours. Avoid statements to the at-fault carrier that can be twisted into responsibility admissions. Lock in your description of the crossing through your own attorney early, before the adjuster anchors fault above 50%.
Key point: Threshold is more forgiving than Colorado (which kills at exactly 50%) but the case is still killed at 51%+.
Identify Any TTCA Public-Entity Defendant and File 6-Month Notice
If a METRO Houston, DART, VIA, Capital Metro, City of Houston / Dallas / San Antonio / Austin / Fort Worth vehicle, Harris / Dallas / Bexar / Travis County vehicle, school district vehicle, or TxDOT vehicle was involved, OR if a dangerous-condition claim against a public entity exists, give written notice within 6 months under CPRC section 101.101 (or the shorter period under the city's home-rule charter). Houston is 90 days, Dallas is 60 days; verify the current ordinance for your specific city. Recovery is then capped under section 101.023 at $250K per person and $500K per occurrence (state and municipalities) or $100K per person and $300K per occurrence (other local government).
Key point: The 6-month (or shorter) notice is an absolute bar. The 2-year SOL under CPRC section 16.003 does NOT save a missed notice.
Demand the Police Report and Any 552-Series Citation
A Transportation Code section 552.003 citation (failure to yield to pedestrian in crosswalk) or section 552.008 citation (failure to exercise due care) against the at-fault driver supports negligence per se. Subpoena body-cam, dash-cam, 911 audio, witness statements. For fatal crashes investigated by DPS, request the major-crash investigation report. Use the Houston Vision Zero data and Dallas Open Data Portal to identify prior crashes at the strike location for foreseeability arguments against the City of Houston / Dallas or TxDOT in dangerous-design cases.
Key point: Texas's yield duty is weaker than the Illinois and Washington stop duty, so the driver-side aggravators (speeding, distraction, intoxication, hood height) carry more weight.
Stack PIP, MedPay, Health Insurance, and Any UM/UIM
PIP must be offered at $2,500 minimum under Insurance Code section 1952.151 but is rejectable in writing. If you did not reject, PIP pays 100% of medical bills plus 80% of lost wages with no deductible. UM/UIM must be offered under section 1952.101 but is also rejectable in writing. If you did not reject, you have at least minimum 30/60 UM/UIM that follows you as a pedestrian. UM is critical against the approximately 20% of Texas drivers who are uninsured (highest rate in the US). Check your declarations page.
Key point: Unlike Illinois (mandatory non-waivable UM), Texas UM/UIM is rejectable in writing, so coverage varies by policy.
Build the No-Cap Damages Case Against Private Defendants Aggressively
Texas has no statutory cap on non-economic damages for private defendants. The medical-malpractice caps under CPRC chapter 74 do NOT apply to pedestrian-struck cases. Pain and suffering, mental anguish, disfigurement, physical impairment, loss of consortium, and wrongful death non-economic damages are all uncapped. Economic damages are also uncapped. For catastrophic cases, develop the economic-damages side aggressively (life-care planner, vocational rehabilitation expert, economist) and pair it with full non-economic development. The Weinstein Law $5.2M Dallas County 2026 commercial garbage-truck settlement is a recent example of how the no-cap framework lets catastrophic private-defendant cases reach the multi-million range.
Key point: For damages calculation see our pain and suffering calculator. For TX auto framework basics see our Texas car accident guide.
Texas Pedestrian Settlement Examples
Five Texas pedestrian scenarios calibrated to the 51% bar rule, the no-private-cap damages framework, the TTCA 6-month notice and damages cap, and the rejectable PIP / UM stack.
Example 1: Commercial Garbage Truck Backs Over Pedestrian in Dallas County (Cited Settlement)
Case Details (Weinstein Law, February 2026):
- 78-year-old woman walking through grocery store parking lot
- Commercial garbage truck backed up without a spotter
- Backup camera had been inoperable for months
- Both spotter and functioning camera required by company policy
- Driver admitted poor visibility and no formal training for pedestrian zones
- Leg amputation; loss of mobility and independence
- Months of discovery and mediation before resolution
Outcome:
- Settlement: $5,200,000
- Announced February 2 2026
- Dallas County venue
Cited Settlement:
$5,200,000
Private-defendant commercial-vehicle case with stacked liability + umbrella coverage. No CPRC chapter 74 cap applies. Driver-side aggravators (broken camera ignored, no spotter, no training) collapsed comparative-fault risk and supported the multi-million resolution.
Example 2: Pedestrian Struck on Westheimer Road at Night (Hit-and-Run, UM/UIM)
Case Details (Hypothetical, Calibrated to Westheimer Patterns):
- Pedestrian crossing Westheimer Road near a bus stop after dark
- SUV (40-plus inch hood height) struck pedestrian and fled the scene
- No plate recovered; treated as uninsured under Texas law
- Femur fracture (surgical ORIF), mild TBI
- Medical bills: $165,000; lost wages: $48,000
- Pedestrian has own auto policy with 100/300 UM/UIM (not rejected)
- 15-25% comparative fault (after-dark, marked-crosswalk crossing)
Settlement Breakdown:
- Gross damages estimate: $450,000
- Less 20% comparative fault: -$90,000
- Net recovery target: $360,000
- Own UM/UIM 100/300: $100K available
- Household UM stack (resident-relative): potentially additional layer
Estimated Recovery:
$100,000 - $300,000
Westheimer Road is the #1 deadliest pedestrian street in America 2021-2023. Texas has the highest uninsured rate in the US (~20%). If UM/UIM had been rejected, recovery would be near $0 minus health-insurance subrogation residue.
Example 3: METRO Houston Bus Strikes Pedestrian at Intersection (TTCA $250K Cap)
Case Details (Hypothetical TTCA Pattern):
- Pedestrian crossing intersection in marked crosswalk with "Walk" signal
- METRO Houston bus making right turn struck pedestrian
- Severe pelvic fracture, surgical, prolonged rehab
- Medical bills: $325,000; lost wages: $85,000
- Gross damages estimate: $1,200,000
- 0% comparative fault (marked crosswalk, walk signal)
- Notice of claim filed within 90 days under Houston ordinance
TTCA Cap Analysis:
- METRO is a metropolitan transit authority
- Section 101.023(b) applies: $100K/$300K cap
- OR section 101.023(a) if METRO classified as state/city level: $250K/$500K cap
- Pedestrian's underlying damages: $1.2M
- Capped recovery: $100K or $250K (per-person cap)
Estimated Recovery:
$100,000 - $250,000 (CAPPED)
TTCA caps under CPRC section 101.023 are jurisdictional and cannot be exceeded by jury verdict regardless of injury severity. Same case against a private commercial bus could exceed $1M.
Example 4: Mid-Block Crossing on FM 1960 at Night (51% Bar Risk)
Case Details (Hypothetical):
- Pedestrian crossed FM 1960 mid-block at night, dark clothing
- Driver speeding 10 mph over 45 mph posted limit, pickup truck
- Tibia/fibula fracture (surgical) + mild TBI
- Medical bills: $185,000; lost wages: $62,000
- 51% bar rule analysis: defense pushing toward 51%+
- Driver-side counterweights: speeding, hood height 40+ inches, distraction
Settlement Breakdown (Scenario A: 40% Responsibility):
- Gross damages: $850,000 (3x P&S + economics)
- Less 40% comparative fault: -$340,000
- Net recovery: $510,000
Settlement Breakdown (Scenario B: 51% Responsibility):
$0 (CASE KILLED)
FM 1960 is the #4 deadliest pedestrian street in the US. Above 50% responsibility the case is killed under CPRC section 33.001. The driver's speed and SUV/pickup hood height are critical counterweights to push fault below 50%.
Example 5: Catastrophic TBI from Commercial Delivery Truck (No-Cap Private Defendant)
Case Details (Hypothetical):
- Pedestrian in marked crosswalk struck by commercial delivery truck running red light
- Severe TBI with cognitive deficit
- 0% comparative fault (walk signal, marked crosswalk)
- Medical bills: $1,200,000 past; $4,500,000 future life-care plan
- Lost earning capacity: $2,000,000 (35 years remaining)
- Commercial trucker: $5M auto liability + $5M umbrella
Settlement Breakdown:
- Economic damages: $7,700,000 (uncapped)
- Non-economic damages (pain, mental anguish, physical impairment, disfigurement): $4,000,000 (uncapped)
- Gross damages: $11,700,000
- 0% comparative fault
Estimated Range:
$8,000,000 - $11,700,000
Commercial private-defendant case with stacked $10M coverage. No statutory caps under Texas private-defendant law. Compare to Colorado where the non-economic side would be capped at $1.5M. The same case against a city or TTCA defendant would be capped at $250K.
Calculate Your Texas Pedestrian Settlement
Texas pedestrian settlements run from $5,000 for soft-tissue cases to $10,000,000+ for catastrophic private-defendant cases against commercial truckers, rideshare TNCs, and corporate fleet operators. Public-entity cases are sharply capped under the TTCA. The actual number for your case depends on:
- • Your injury type and severity (uncapped against private defendants)
- • The vehicle type that struck you (private auto, SUV, commercial truck, METRO/DART/VIA/Capital Metro bus, rideshare)
- • The strike location (marked crosswalk, unmarked crosswalk, mid-block) and signal status
- • Your proportionate-responsibility analysis under the 51% bar rule
- • Whether a public-entity defendant triggers the TTCA 6-month notice and damages cap
- • The available insurance stack (at-fault BI, PIP, MedPay, your UM/UIM, umbrella excess)
- • The venue (Harris, Dallas, Bexar, Travis, Tarrant tend higher than rural counties)
- • The strength of the 552.003 yield record and any 552.008 due-care violation
Related Resources
What to Do After a Car Accident
Cited 12-step guide with NHTSA data, state-by-state SOL and fault rules, and special steps when not your fault
Should I Get a Lawyer for a Car Accident?
Data-driven decision guide: when you need a lawyer, costs, and settlement comparisons
Should I Get a Car Accident Lawyer in Texas?
Texas 51% fault bar, 2-year SOL, 18% prompt payment penalty, and DTPA treble damages
How to Settle a Car Accident Claim Without a Lawyer
Complete DIY guide: demand letter sample, adjuster tactics, lien negotiation, and when DIY actually works