Written by Travis S. Kelley

Getting hit by a car while crossing the street changes everything fast. Medical bills arrive before you’ve had time to process what happened. You may be out of work. You might not know whether you even have a legal claim, or who’s responsible when multiple parties are involved. I’ve handled pedestrian accident cases across Austin and throughout Texas, and the same confusion comes up again and again — people assume that because they were in a crosswalk, the answer is obvious. Sometimes it is. But the specifics matter enormously, especially when rideshare companies, commercial trucking firms, or criminal behavior like street racing enters the picture.

At Kelley Wolff Injury Attorneys | Austin Accident Lawyers, we work with injury victims who are trying to figure out their next step while also recovering from serious physical harm. This post walks through the most common scenarios we see, what Texas law says about each one, and what you should actually do if you’re in this situation.

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Can I Sue a Driver Who Hit Me in a Crosswalk in Austin Texas?

Yes — in most cases, you can. Texas follows a modified comparative fault rule under Chapter 33 of the Texas Civil Practice and Remedies Code. That means you can recover damages as long as you are not more than 50% responsible for the accident. If the driver ran a red light, failed to yield, was speeding, or was distracted, they almost certainly bear the majority of fault.

Being in a marked crosswalk strengthens your position considerably. Texas Transportation Code Section 552.003 requires drivers to yield to pedestrians in crosswalks. When a driver violates that statute and hits someone, that violation is treated as evidence of negligence — what Texas courts call negligence per se. You don’t have to prove the driver was unreasonable in the abstract; the violation of a traffic law establishes the breach for you.

That said, fault is still contested in these cases. I’ve seen insurance adjusters argue that a pedestrian stepped off the curb suddenly, that lighting conditions were poor, or that the pedestrian was distracted by a phone. Those arguments can reduce your recovery under the comparative fault system even when the driver clearly violated the law. Documentation matters. Police reports, witness statements, and security or traffic camera footage from the scene are the foundation of a strong claim.

Damages in a pedestrian crosswalk case typically include medical expenses — past and future — lost wages, pain and suffering, and in serious cases, compensation for permanent disability or disfigurement. The CDC reports that pedestrian injuries frequently involve fractures, traumatic brain injuries, and spinal damage, which can require months or years of medical care. Those costs add up quickly, and Texas law allows you to pursue full compensation for all of them.

The statute of limitations in Texas is generally two years from the date of the injury under Texas Civil Practice and Remedies Code Section 16.003. Miss that window and your claim is barred, with narrow exceptions. Don’t wait.

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Can I Sue an Uber or Lyft Driver Who Hit Me as a Pedestrian in Austin?

This question comes up often, and the answer is more complicated than a straight yes or no. Rideshare companies have structured their driver relationships specifically to limit corporate liability — Uber and Lyft classify drivers as independent contractors, not employees. But Texas law and the companies’ own insurance structures create a path to recovery regardless.

Texas Transportation Code Chapter 1954 governs Transportation Network Companies (TNCs) and requires them to carry insurance coverage in three distinct phases:

– Phase 1 (app on, no ride accepted): The TNC’s contingent liability coverage applies — at least $50,000 per person, $100,000 per accident, and $25,000 for property damage.
– Phase 2 (ride accepted, en route to pick up): At least $1 million in coverage kicks in.
– Phase 3 (passenger in the vehicle): $1 million in coverage, plus uninsured/underinsured motorist coverage.

If an Uber or Lyft driver hit you while the app was active — whether they had just accepted a ride or were already transporting a passenger — you can potentially access that $1 million policy. That’s a significant difference from a standard auto accident. Our Austin Motor Vehicle Accident Attorneys handle these TNC cases regularly and know exactly how to document which phase the driver was in at the time of the crash.

The practical challenge is proving what phase the driver was in when the accident happened. The TNC’s own app logs are critical evidence, and those records need to be preserved and requested early. I’ve seen cases where an insurer tried to argue the driver had just logged off the app moments before the impact. Those disputes require fast legal action to obtain the data before it’s lost or overwritten.

Even if the TNC tries to avoid liability by pointing to the independent contractor classification, Texas courts have allowed claims to proceed when the TNC exercised enough control over the driver’s work. This is a fact-specific analysis, and the law continues to develop. Justia maintains up-to-date case law resources if you want to review how these arguments have played out in Texas courts.

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Can I Sue a Commercial Truck Driver Who Hit Me While Walking in Austin?

Yes, and commercial truck accident cases often involve deeper pockets and more complex liability chains than standard car accident claims. When a commercial driver hits a pedestrian, you may have claims against the driver personally, their employer, the trucking company that contracted the load, the company that owns the vehicle, and in some cases the shipper.

Under federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA), commercial carriers must maintain at minimum $750,000 in liability coverage, with higher minimums for hazardous materials. Texas state law often requires more. These higher coverage limits matter when you’ve suffered severe injuries — traumatic brain injury, multiple fractures, spinal cord damage — that will require long-term care.

Employer liability is a key issue in truck cases. Under the doctrine of respondeat superior, an employer is liable for the negligent acts of an employee acting within the scope of their employment. If the truck driver was on the job when they hit you, the trucking company is in the picture. The company can also be independently negligent — for inadequate driver screening, insufficient safety training, pressuring drivers to meet unrealistic delivery schedules, or failing to maintain the vehicle.

Hours-of-service logs, the truck’s black box data, maintenance records, and the driver’s personnel file are all potentially valuable evidence. Federal regulations require carriers to retain those records, but trucking companies have legal teams who know exactly what to preserve — and what to argue has been lost. Getting an attorney involved early to send a preservation letter is not optional in these cases; it’s urgent. Our Austin 18 Wheeler Truck Accident Attorneys have handled exactly this kind of claim and know the procedural steps to take in the first 48 hours.

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Can I Sue if a Driver Ran a Stop Sign and Hit Me as a Pedestrian in Austin?

Running a stop sign is a clear traffic violation under Texas Transportation Code Section 544.010. When a driver blows through a stop sign and hits a pedestrian, that violation establishes negligence per se — meaning the driver’s breach of duty is presumed from the statutory violation itself. You still need to prove causation (the violation caused your injuries) and damages, but the negligence element is significantly easier to establish.

In my experience, stop sign cases often come down to witness accounts and physical evidence. Skid marks — or the absence of them — tell you whether the driver even attempted to brake. Security cameras at nearby businesses, dashcam footage from other vehicles, and the investigating officer’s report are all worth tracking down immediately after the accident.

One thing I always tell clients: even when fault seems obvious, insurance companies will look for ways to reduce their payout. They may argue you were jaywalking, that you failed to look before crossing, or that you were wearing dark clothing at night. In Texas, if you’re found 25% at fault and the driver 75%, your damages award is reduced by 25%. If they can push your share above 50%, you recover nothing. Don’t assume a stop sign violation automatically means a full payout without a fight.

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Can I Sue if a Street Racing Driver Hit Me as a Pedestrian in Austin?

Yes — and in these cases, you may have grounds for both a civil lawsuit and the potential to seek punitive damages, which are not available in ordinary negligence cases. Texas Civil Practice and Remedies Code Section 41.003 allows punitive damages when a defendant acted with malice, fraud, or gross negligence. Street racing meets that bar. It’s not a moment of inattention — it’s a conscious decision to drive at dangerous speeds on public roads, placing everyone nearby at risk.

Street racing in Austin has been a persistent problem on certain corridors, including stretches of MoPac, 183, and some surface streets in the early morning hours. If a driver who hit you was engaged in a race, that criminal conduct dramatically changes the civil case. Texas law allows you to pursue actual damages — medical bills, lost wages, pain and suffering — plus exemplary damages meant to punish the conduct and deter similar behavior in the future.

Proving street racing requires evidence beyond the crash itself. You’re looking for witnesses who saw the vehicles before impact, traffic camera footage showing speeds, social media posts, and the police report noting criminal charges. If the driver faces criminal prosecution for racing, those proceedings can generate evidence useful to your civil case — though the two tracks move on separate timelines.

There may also be liability for anyone who organized, promoted, or facilitated the race. That’s a more complex theory, but in cases where organized racing events are involved, it’s worth investigating.

FindLaw provides a solid overview of how punitive damages work in personal injury cases if you want to understand the general framework before speaking with an attorney.

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Who Is Liable When a Driver Runs a Red Light and Hits a Pedestrian in Austin?

Primary liability falls on the driver who ran the red light. Under Texas Transportation Code Section 544.007, a driver must stop at a red signal and remain stopped until the light changes. Failing to do so while a pedestrian is lawfully crossing creates clear negligence per se liability for the driver.

But “who is liable” is worth examining more carefully, because in some situations, additional parties may share responsibility. If the driver was in a company vehicle and on company business, the employer may be liable under respondeat superior. If a defective traffic light contributed to the accident — a signal malfunction that has gone unreported and unrepaired — the City of Austin or TxDOT could potentially face liability under Texas Tort Claims Act provisions that apply to governmental entities, though those claims have specific notice requirements and damage caps.

If the driver was intoxicated when they ran the red light, that opens the door to dram shop liability under the Texas Alcoholic Beverage Code. If a bar or restaurant overserved the driver, they may share in the liability. These third-party claims require their own investigation, but they can matter enormously when the driver’s personal insurance coverage is insufficient to cover your actual losses.

Red-light cases in pedestrian accidents are among the most severe we see. A pedestrian crossing on a green light has no reason to be watching for cross-traffic. The injuries tend to be catastrophic. The National Highway Traffic Safety Administration has consistently found that red-light running is a leading cause of urban intersection fatalities — and Austin intersections are no exception.

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What Damages Can You Recover After a Pedestrian Accident in Texas?

Texas law allows injured pedestrians to recover two broad categories of damages: economic and non-economic.

Economic damages are the calculable losses — medical bills (current and future), lost wages, reduced earning capacity, rehabilitation costs, and expenses for home care or modifications if your injuries are permanent. These need to be documented carefully. I always advise clients to keep every medical receipt and a log of time missed from work, starting from day one.

Non-economic damages cover pain and suffering, mental anguish, physical impairment, and loss of enjoyment of life. These are harder to quantify, which is precisely why insurance companies push back hard on them. Juries, however, take them seriously when the evidence is presented well.

Texas does not cap non-economic damages in personal injury cases outside of medical malpractice. That means your full pain and suffering claim is on the table. The American Bar Association offers resources on how damages are evaluated in personal injury cases if you want a broader framework.

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Steps to Take After You’re Hit as a Pedestrian

Call 911 immediately. Get a police report — it’s the foundation of your claim. Accept medical treatment at the scene even if you feel okay. Adrenaline masks pain, and injuries like internal bleeding or traumatic brain injury may not present symptoms right away. The Mayo Clinic has documented how concussion and soft tissue injury symptoms can be delayed by hours or days.

Document everything at the scene if you’re physically able: photographs of the vehicle, the driver’s license and insurance, the road conditions, any visible injuries, and the positions of the vehicles and any traffic signals. Get names and contact information from witnesses.

Don’t give a recorded statement to the driver’s insurance company before speaking with an attorney. Adjusters are trained to ask questions in ways that elicit answers useful to the insurer, not to you. Anything you say can be used to reduce your claim.

Contact Kelley Wolff Injury Attorneys | Austin Accident Lawyers as soon as possible. Evidence disappears quickly. Witnesses’ memories fade. Camera footage gets overwritten. The earlier we get involved, the better position you’re in.

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Talk to an Austin Pedestrian Accident Attorney

If you were hit by a driver in a crosswalk, at an intersection, or anywhere else on foot in Austin, you have legal options — and the clock is running. Texas law gives you two years to file, but the practical window to gather strong evidence is much shorter.

Our team at Kelley Wolff Injury Attorneys | Austin Accident Lawyers handles pedestrian accident claims on a contingency basis — you pay nothing unless we recover for you. We’ve built our practice on taking these cases seriously, doing the investigative work that makes the difference between a lowball settlement and full compensation, and being straight with clients about what their case is actually worth.

Get in touch today to schedule a free consultation. You can also call us directly at (512)-470-6068, or visit our Austin office at 17800 Hamilton Pool Rd Ste. 203, Austin, TX 78738, United States. We serve clients throughout Travis County and across Texas.