Tyler Texas Pedestrian Accident Lawyer

Where Pedestrian Accidents Happen in Tyler

Loop 323, Broadway Avenue, and US-69 are the primary corridors where pedestrian collisions concentrate in Tyler. CRIS data for Smith County tracks where these crashes occur. Tyler's growth has pushed vehicle traffic onto corridors that were not designed with pedestrians in mind.

Loop 323 is the main commercial loop encircling Tyler. It carries multi-lane, high-speed traffic through a dense commercial zone. Pedestrian crossings at major intersections, including the Broadway Avenue interchange and the US-69 junction, have limited signal coverage and wide vehicle lanes that encourage driver inattention.

Broadway Avenue (FM 756) runs north-south through Tyler's retail core. Heavy turning movements from commercial driveways and inadequate pedestrian signal timing create frequent crossing hazards. The stretch between Loop 323 and downtown has documented pedestrian conflicts at multiple mid-block access points.

University Boulevard near the UT Tyler campus sees elevated pedestrian density from student foot traffic crossing multi-lane roads. Downtown Tyler, including South Broadway and West Ferguson Street, has older intersection infrastructure with shorter crossing intervals and lower driver attention to pedestrians.

US-69 south of Loop 323 is a truck and commercial vehicle corridor. Pedestrian infrastructure is limited, and drivers entering or exiting adjacent businesses often do not expect pedestrians along the shoulder.

Ask the attorney you are considering whether they know this area. An attorney familiar with Smith County's crash data and these specific corridors can place a Tyler Police Department crash report into proper geographic context.

Texas Pedestrian Right-of-Way Law: What the Transportation Code Requires

Texas law sets specific rules for when drivers must yield to pedestrians. These rules determine who had the right of way, which is central to establishing driver negligence.

Tex. Transp. Code Section 552.003 requires a driver to yield to a pedestrian in a marked crosswalk or in an unmarked crosswalk at an intersection. This applies whether or not a traffic signal is present. Section 552.005 addresses pedestrians crossing outside a crosswalk. A pedestrian crossing mid-block must yield to vehicles, but the driver's obligations do not disappear. Section 552.006 imposes a residual duty of care: a driver must exercise due care to avoid striking a pedestrian regardless of where the crossing occurs.

That last provision is significant. Even if you were jaywalking, the driver may still be liable if they failed to watch for pedestrians, were speeding, were distracted, or were impaired. Section 552.006 does not let a driver off the hook simply because the pedestrian was outside a crosswalk.

Ask any attorney you are considering how they apply Section 552.006 in cases where the insurance company argues the pedestrian was at fault for crossing outside a marked crosswalk. That is a common defense. An attorney who handles pedestrian cases regularly has a developed response to it.

Government Entity Liability for Defective Crosswalks

Not every pedestrian accident is caused by driver negligence alone. If a crosswalk signal was broken, a sidewalk was deteriorated, or a crossing was designed without adequate sight distances, a government entity may share liability.

Tex. Civ. Prac. & Rem. Code Section 101.021 allows injured persons to sue Texas government entities for premises defects, including failed pedestrian infrastructure. However, Section 101.101 requires written notice of the claim within 6 months of the date of injury. This is not the lawsuit deadline. It is a pre-suit notice requirement. Missing it can bar a claim against the government entirely, even if the 2-year statute of limitations has not run.

The City of Tyler and TxDOT are separate entities with separate notice requirements. A defect on a city-maintained street goes to Tyler's risk management office. A defect on a state highway goes to TxDOT. Getting the respondent wrong, or missing the 6-month window, can extinguish a valid government liability claim.

If the intersection where you were hit has a history of pedestrian incidents, TxDOT's CRIS database and the city's public works records may document prior complaints or maintenance failures. That history is evidence.

Proportionate Responsibility in Pedestrian Cases

Texas uses a proportionate responsibility system under CPRC Chapter 33. If your percentage of fault exceeds 50%, you recover nothing. At 50% or below, your damages are reduced by your percentage.

Insurance adjusters in pedestrian cases almost always argue shared fault on the pedestrian's part. Common fault arguments: crossing outside a crosswalk, crossing against a signal, walking on the roadway when a sidewalk was available, wearing dark clothing at night, or being distracted by a phone. These arguments exist to push the pedestrian's fault percentage above 50% or reduce the payout.

CPRC Section 33.004 allows defendants to designate responsible third parties. A driver could point to a property owner whose landscaping blocked sightlines, a municipality whose signal failed, or a business whose delivery vehicle created an obstruction. The pedestrian then has 60 days to add that party as a defendant.

Fault allocation also affects UM/UIM recovery. If you are assigned 20% fault and your damages are $200,000, your UM/UIM payout is reduced to $160,000. Insurance companies know this. Their fault assignments are not neutral.

Ask any attorney you are considering whether they use accident reconstructionists to challenge the adjuster's fault narrative. Morris & Dewett works with reconstructionists on contested pedestrian cases to establish the fault percentages before the insurer builds their version of the story.

Injuries Pedestrians Commonly Sustain

A pedestrian struck by a vehicle at 35 mph absorbs an impact that a belted vehicle occupant does not. The injury patterns are predictable and severe.

TBI is the most common catastrophic injury in pedestrian accidents. A closed-head TBI can produce symptoms that emerge days after the initial impact, including cognitive slowing, headaches, and behavioral changes. A penetrating TBI requires immediate surgical intervention.

Spinal cord injuries in pedestrian cases typically involve the cervical or lumbar spine. The mechanism of injury, vehicle front impact, secondary ground impact, is different from motor vehicle accidents and produces different fracture patterns. Smith County's Level I trauma center is UT Health Tyler, formerly East Texas Medical Center, which handles acute pedestrian trauma. The treating physicians there document the injury mechanism and severity in ways that matter to your case.

Orthopedic injuries are nearly universal in pedestrian cases: pelvic fractures, femur fractures, and tibial fractures from direct vehicle contact. These require surgical repair and extended rehabilitation. Internal organ damage, particularly abdominal trauma from hood or bumper contact, often requires emergency surgery and produces complications weeks later.

Road rash and degloving injuries from secondary ground impact are painful, infection-prone, and commonly require skin grafting. These are not "minor" injuries. They produce long treatment timelines and permanent scarring.

Injury severity at the moment of impact is not always the complete picture. Some TBIs and internal injuries do not manifest immediately. For this reason, the decision to reach MMI before settling a case is not just advisable, it is financially important. Ask any attorney you consult whether they recommend waiting for MMI before accepting any settlement offer.

UM/UIM Coverage When the Driver Is Uninsured or Flees

Texas requires drivers to carry minimum auto insurance of 30/60/25 under Tex. Transp. Code Section 601.072: $30,000 bodily injury per person, $60,000 per accident, and $25,000 property damage. Many drivers carry only these minimums. Some carry nothing.

As a pedestrian, you can access UM/UIM coverage under your own auto policy even though you were on foot. The policy definition of "insured person" typically includes you and household members as pedestrians. Check your declarations page and your policy's definition section.

Hit-and-run accidents qualify for uninsured motorist coverage under Tex. Ins. Code Chapter 1952 when the driver is unidentified. Most Texas policies require that you report the accident to police and that there be physical contact between the vehicle and you (or your property). File the Tyler Police Department report immediately. A delayed or missing police report gives the insurer a basis to contest UM coverage.

Texas law allows stacking of UM/UIM coverage across multiple vehicles on the same policy unless the insured has signed a written waiver. If your household has two vehicles insured on the same policy and you did not sign a stacking waiver, you may be able to access double the per-vehicle coverage limit.

Ask any attorney you consult to review your UM/UIM policy language, including the stacking provision and the definition of "insured person," before you report the accident to your own insurer.

What Evidence Matters in a Tyler Pedestrian Case?

Surveillance footage and EDR data can disappear within hours of a pedestrian accident. The window to preserve them is measured in hours, not days.

Surveillance footage is the most important early evidence. The Loop 323 corridor and Broadway Avenue have traffic cameras and commercial security cameras at most major intersections and shopping centers. Footage on commercial systems typically overwrites in 24 to 72 hours. A preservation demand letter to the relevant businesses or the City of Tyler's traffic engineering department must go out within hours of the accident, not days.

The EDR in the at-fault vehicle records pre-impact speed, braking activation, steering angle, and throttle position in the seconds before impact. This data directly contradicts claims that the driver was traveling at the speed limit or that they applied the brakes in time. Physical access to the vehicle, through a litigation hold letter, must occur before it is repaired or transferred.

Tyler Police Department crash reports document the officer's diagram, point of impact, driver and witness statements, and any citations issued. Request the full report, not just the summary. The officer's diagram of the collision point and the narrative section can contain admissions by the driver that are useful at deposition.

TxDOT's crash history for the specific intersection is public record through the CRIS database. If other pedestrians have been hit at the same location, that data supports a claim that the intersection design was inadequate. Prior incidents can also establish notice to the government entity for a Section 101.101 claim.

Witness statements from nearby businesses, bystanders, or other drivers degrade quickly. Contact witnesses before they forget details or become unavailable. If the driver was intoxicated, Tex. Alc. Bev. Code Section 2.02 allows dram shop liability claims against the establishment that served them. Receipts, security footage, and credit card records from that establishment are part of the evidence set in those cases.

Texas Statute of Limitations for Pedestrian Accident Claims

The general statute of limitations for personal injury in Texas is 2 years from the date of injury under CPRC Section 16.003(a). For wrongful death, the 2-year period runs from the date of death under Section 16.003(b).

The government entity exception changes the calculus. If the City of Tyler or TxDOT is a potential defendant, the 6-month written notice requirement under Tex. Civ. Prac. & Rem. Code Section 101.101 runs from the date of injury, not the date you discover the government's role. Six months is a short window, and missing it does not just limit the government claim. It can eliminate it entirely.

Minors have additional protections under CPRC Section 16.001. The statute of limitations is tolled until the minor turns 18, at which point the 2-year period begins. A 10-year-old injured in a crosswalk has until age 20 to file. The government entity notice requirement, however, is not necessarily tolled in the same way. Consult an attorney promptly even for minor victims if a government entity may be involved.

Do not let the insurance company's investigation timeline set your schedule. Insurers have no obligation to resolve a claim within any particular time. Their process has no bearing on the 2-year legal deadline or the 6-month government notice requirement.

What Damages Are Available in a Texas Pedestrian Accident Claim?

Texas allows recovery of economic damages, noneconomic damages, and in limited cases, exemplary damages.

Economic damages include medical expenses, lost wages, lost earning capacity, and future medical costs. Texas limits medical expense recovery to amounts actually paid or incurred under CPRC Section 41.0105. This is the Haygood rule, from Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012). If your insurer negotiated a reduced rate with the hospital, you recover the reduced amount, not the original billed amount. Keep all billing records and explanation of benefits documents from every provider. These documents establish the paid amounts that are recoverable.

Noneconomic damages cover pain and suffering, mental anguish, disfigurement, and physical impairment. Texas does not cap noneconomic damages in personal injury cases outside of medical malpractice. There is no $500,000 ceiling on noneconomic recovery in a pedestrian accident claim.

Wrongful death claims are available to surviving spouses, children, and parents under CPRC Chapter 71. These claims recover the beneficiary's own losses: loss of financial support, loss of companionship and consortium, and mental anguish. The survival action under Section 71.021 recovers the decedent's own pre-death damages and is filed separately.

Exemplary (punitive) damages are available under CPRC Section 41.008 on clear and convincing evidence of fraud, malice, or gross negligence. An intoxicated hit-and-run driver who fled the scene may qualify. The cap is the greater of two times economic damages plus noneconomic up to $750,000, or $200,000.

Cases are filed in Smith County District Court (7th Judicial District) or in the Smith County Court at Law, depending on the amount in controversy. View Morris & Dewett's case results.

Working With a Tyler Pedestrian Accident Attorney

Morris & Dewett handles personal injury cases on a contingency fee basis. There is no fee if there is no recovery. The initial consultation is free.

When you meet with any attorney, bring the crash report number, your insurance policy declarations page, medical records and billing statements from initial treatment, and photos of the scene if you took them. If you do not have all of these, bring what you have. Missing documents can be requested later.

Do not provide a recorded statement to the at-fault driver's insurer before speaking with an attorney. Recorded statements are used to establish a version of events that is favorable to the insurer. Adjusters ask open-ended questions designed to extract statements that support comparative fault arguments. You are not required to give a recorded statement to the other driver's insurer.

Do not accept an early settlement offer before reaching MMI. Pedestrian injury cases commonly involve TBIs, spinal injuries, and orthopedic damage that require months of treatment and specialist evaluation before full damages are known. Accepting a settlement before MMI closes the case. You cannot return later for additional compensation.

Five common mistakes affect case value after a pedestrian accident. The first is delaying medical treatment and creating gaps in the record. The second is giving a recorded statement to the at-fault insurer. The third is signing a medical release that gives the insurer unrestricted access to your prior history. The fourth is posting about the accident on social media. The fifth is waiting to consult an attorney until after the insurance offer arrives. Each is avoidable if it has not happened yet.

Morris & Dewett is licensed in Texas and handles pedestrian cases in Smith County and across East Texas. Learn more about Tyler Texas injury representation.

Frequently Asked Questions

How long do I have to file a pedestrian accident lawsuit in Texas?

The statute of limitations for pedestrian personal injury in Texas is 2 years from the date of injury under CPRC Section 16.003(a). For wrongful death, the 2-year period runs from the date of death. If a government entity such as the City of Tyler or TxDOT may be liable, a separate 6-month written notice of claim under Tex. Civ. Prac. & Rem. Code Section 101.101 must be filed from the date of injury. Missing the 6-month government notice window can bar that portion of the claim even if the 2-year lawsuit deadline has not passed.

What if the driver who hit me fled the scene?

A hit-and-run driver is treated as an uninsured motorist under Tex. Ins. Code Chapter 1952. You can file a UM claim under your own auto insurance policy even though you were on foot. Most Texas policies require that you report the accident to police and that there was physical contact between the vehicle and you. File a Tyler Police Department report immediately after any hit-and-run. A delayed or missing report gives the insurer grounds to dispute UM coverage. Your attorney can also request traffic camera footage and witness information before it is lost.

Can I still recover if I was crossing outside a crosswalk?

Yes. Texas Transportation Code Section 552.006 imposes a duty of care on drivers to avoid striking pedestrians regardless of where the crossing occurs. Even if you were mid-block or crossing against a signal, the driver may still be liable if they were speeding, distracted, or impaired. However, your percentage of fault may be higher under CPRC Chapter 33, which reduces your recovery proportionally. If your fault is assigned above 50%, you recover nothing. This is why fault allocation disputes in pedestrian cases require careful handling. The location of the crossing is one factor, not the whole story.

Does my UM/UIM policy cover me as a pedestrian?

Yes, in most cases. Texas auto insurance policies define "insured person" to include the named insured and household members, whether they are occupying a vehicle or not. As a pedestrian hit by an uninsured or underinsured driver, you can access UM/UIM coverage under your own policy. Check the definition section and declarations page of your policy to confirm. If your household has multiple vehicles on the same policy and you did not sign a stacking waiver, you may be able to stack coverage across vehicles for a higher total limit.

What is the 6-month notice rule for government entity claims?

Tex. Civ. Prac. & Rem. Code Section 101.101 requires written notice to a Texas government entity within 6 months of the date of injury as a precondition to filing suit. The notice must describe the damage or injury, the time and place of the incident, and the incident itself. This clock begins at the date of injury, not the date you discover the government's potential liability. If the City of Tyler or TxDOT is responsible for a defective crosswalk, broken signal, or missing pedestrian infrastructure that contributed to your accident, the 6-month window applies. Missing it can eliminate the government entity claim entirely.

What does it cost to hire a Tyler pedestrian accident attorney?

Morris & Dewett handles pedestrian injury cases on a contingency fee basis. There is no upfront cost and no attorney fee if there is no recovery. At the initial consultation, the attorney will review your case, explain the fee structure, and answer questions about the likely process and timeline. You do not need to pay anything to get legal advice about your situation.

Can I sue a bar or restaurant if the driver who hit me was drunk?

Yes, under certain conditions. Tex. Alc. Bev. Code Section 2.02 allows a third party injured by a drunk driver to bring a dram shop claim against an establishment that provided alcohol to a person who was visibly intoxicated at the time of service. The claim requires proving that the establishment served the driver when they were already visibly intoxicated, and that intoxication was a proximate cause of the accident. Evidence in these cases includes surveillance footage, credit card receipts, employee statements, and the driver's BAC at the time of the accident. This is a separate cause of action from the negligence claim against the driver.

What is the Haygood rule and how does it affect my medical expense recovery?

The Haygood rule comes from Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012), interpreting CPRC Section 41.0105. It limits recovery of medical expenses to the amounts actually paid or incurred, not the full billed amounts. If your health insurer negotiated a reduced rate with the hospital, you recover the negotiated amount, not the original billed charge. This matters because hospital charges are often two to three times the amount actually paid. Keep all explanation of benefits documents from every provider. Your attorney will use the paid amounts, not the billed amounts, to calculate your medical expense damages.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.