Pedestrian & Bicycle Accident in Houston: Your Rights and Next Steps

Call 911 or ask someone nearby to call. Pedestrian and cyclist crashes almost always require emergency medical response. Even if you feel capable of walking or standing, you may have internal injuries, fractures, or a concussion masked by adrenaline. Stay at the scene and wait for paramedics.

Do not let the driver leave. Get their license plate number, name, phone number, insurance information, and driver's license number. If the driver attempts to leave, note their plate number and vehicle description and report it as a hit-and-run. Hit-and-run involving injury is a felony in Texas (Tex. Transp. Code § 550.021).

When police arrive, give a detailed statement. Describe where you were walking or cycling, whether you were in a crosswalk or bike lane, the direction you were traveling, the driver's behavior, and any signals you obeyed. Get the crash report number.

If you are physically able, photograph the scene: the intersection or road, crosswalk markings (or lack thereof), bike lane markings, the driver's vehicle (especially the point of impact), your bicycle (if applicable) and all damage to it, and any visible injuries. Photograph the road layout, speed limit signs, traffic signals, and sight lines.

Get witness information. Pedestrian and cyclist crashes often involve disputes about whether the pedestrian was in the crosswalk, whether the cyclist was in the bike lane, or whether the driver was speeding or distracted. Witnesses resolve these disputes. Look for dashcam footage from other vehicles and surveillance cameras from nearby businesses.

If you were on a bicycle, preserve the bike and your helmet as evidence. Damage patterns on the bike frame and helmet can help accident reconstructionists determine the speed and angle of impact. Do not repair or dispose of the bicycle until your claim is resolved.

Pedestrians and cyclists struck by vehicles suffer severe injuries because there is no vehicle structure to absorb the impact. Common pedestrian injuries include traumatic brain injuries (from striking the windshield, hood, or pavement), fractures to the legs, pelvis, and arms, spinal injuries, internal organ damage, and severe road rash. Cyclist injuries follow similar patterns, with the addition of handlebar injuries to the abdomen and wrist/hand fractures from braking impact.

Accept EMS transport to the hospital. Houston's Level I trauma centers — Memorial Hermann-TMC, Ben Taub Hospital, and Houston Methodist — are equipped for the polytrauma (multiple simultaneous injuries) common in pedestrian and cyclist crashes. Tell the ER team you were struck by a vehicle and describe every point of impact and symptom.

Follow all treatment recommendations. Pedestrian and cyclist injuries typically require extended recovery — surgery for fractures, weeks of hospitalization for TBI, months of physical therapy. Keep every record and bill. The severity of your injuries directly determines the value of your claim.

Texas drivers have a duty to yield to pedestrians in crosswalks (Tex. Transp. Code § 552.003), exercise due care to avoid striking pedestrians (§ 552.008), and give cyclists at least 3 feet of clearance when passing (§ 545.053). A driver who strikes a pedestrian in a crosswalk or a cyclist in a bike lane is almost certainly at fault.

Pedestrians also have duties under Texas law: to use crosswalks when available (§ 552.005), to obey pedestrian signals (§ 552.002), and not to suddenly enter the path of a vehicle that cannot stop in time (§ 552.003). Cyclists must follow the same traffic laws as motor vehicles (§ 551.101). If you violated any of these rules, the driver's insurance company will argue you share fault.

Texas proportionate responsibility applies (Tex. Civ. Prac. & Rem. Code § 33.001). Even if you were jaywalking, crossing against a signal, or riding outside the bike lane, you can still recover damages as long as your fault is 50% or less. Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.

As a pedestrian or cyclist, you file your injury claim against the driver's auto insurance. You do not need to have your own auto insurance to make a claim. The driver's liability coverage pays for your medical bills, lost wages, pain and suffering, and other damages. Texas minimum coverage is 30/60/25 (Tex. Transp. Code § 601.072).

If the driver who hit you has no insurance or insufficient coverage, you may have your own options. If you own a vehicle and carry UM/UIM coverage, that coverage may apply to you as a pedestrian or cyclist struck by a motor vehicle — check your policy language. Health insurance covers medical treatment. PIP (personal injury protection), if you carry it, may also apply.

For severe pedestrian and cyclist injuries — TBI, spinal cord damage, multiple fractures — the driver's minimum policy limits are almost always insufficient. Identifying all available insurance coverage is critical. An attorney can review all potentially applicable policies.

Houston is notorious for poor pedestrian and bicycle infrastructure: missing sidewalks, faded or nonexistent crosswalk markings, inadequate lighting at crossings, and wide arterial roads with high speed limits. If a road design defect or infrastructure failure contributed to your crash — no sidewalk forcing you into the road, missing crosswalk markings, broken pedestrian signals, inadequate lighting — the City of Houston, Harris County, or TxDOT may share liability.

Government liability claims are subject to the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.001 et seq.). You must provide written notice to the City of Houston within 90 days, and to state entities within 6 months. Damage caps apply to government claims. Infrastructure claims are complex but can add a significant source of recovery in pedestrian and cyclist cases.

Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003). Wrongful death claims also carry a 2-year deadline. Government infrastructure claims require written notice within 90 days (City of Houston) or 6 months (state entities).

Preserve evidence immediately. Photograph the scene on the day of the crash. Identify surveillance cameras. Preserve your bicycle and helmet. Get witness information. Evidence at pedestrian and cyclist crash scenes degrades quickly — crosswalk paint fades, temporary conditions change, and surveillance footage is overwritten.

Hit by a car while walking or cycling in Houston? Take our free 2-minute assessment at /assessment/. We will evaluate your situation — including fault analysis, available insurance coverage, potential government liability, and your projected recovery — and connect you with a Houston personal injury attorney experienced in pedestrian and bicycle accident cases.

Being hit by a car while walking or cycling is terrifying and life-altering. Houston's roads were designed for cars, not people, and pedestrians and cyclists pay the price every day. Texas law protects your right to share the road safely. Start with the assessment. It is free, confidential, and the first step toward the compensation you need to recover.