Pedestrian Accidents in Brownsville: Who Is at Fault?

Your Injury Claim · Liz Valdez Garza · 2026-10-27

Walking to work, to school or to the store should be safe. But when a vehicle strikes a pedestrian, the person on foot has no protection at all. Pedestrian accidents often cause broken bones, head injuries and life-changing harm.

Drivers' duties to pedestrians in Texas

Texas law requires drivers to:

  • Yield to pedestrians in crosswalks, marked or unmarked, when the pedestrian is in the driver's half of the road or approaching closely from the other half
  • Follow traffic signals and pedestrian signals
  • Exercise care to avoid hitting pedestrians, especially children and anyone who appears confused or impaired
  • Yield to pedestrians on sidewalks when entering or leaving driveways and alleys

Pedestrians have duties too

Pedestrians must follow traffic and pedestrian signals and generally must yield to vehicles when crossing outside a crosswalk. If a pedestrian walked into traffic mid-block, an insurer may argue they share the blame.

That doesn't automatically end a claim. Texas uses proportionate responsibility: an injured pedestrian can still recover as long as they are not more than 50% at fault, with their recovery reduced by their share.

Common causes of pedestrian accidents

  • Drivers turning without looking for people in the crosswalk
  • Speeding through school zones and neighborhoods
  • Distracted driving and texting
  • Backing out of driveways and parking spaces
  • Poor lighting and drivers who don't adjust at night
  • Drunk driving

Whose insurance pays?

Usually the driver's liability insurance. If the driver is uninsured or underinsured, the pedestrian's own auto policy — including UM/UIM coverage and PIP — may apply even though they weren't in a car. Coverage under a household member's policy may also be available.

After a pedestrian accident

  1. Call 911 and get medical care.
  2. Get the driver's information and the police report number.
  3. Collect witness names — pedestrian cases often turn on what witnesses saw.
  4. Look for cameras nearby: businesses, homes, buses.
  5. Talk to an attorney before dealing with insurance.

If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.

Frequently Asked Questions

Can my own car insurance help if I was hit while walking?

Often, yes. PIP and uninsured/underinsured motorist coverage on your own policy may apply even when you were a pedestrian.

What if I wasn't in a crosswalk?

You may still have a claim. Texas allows recovery as long as you are not more than 50% at fault, though your share of fault reduces the recovery.

Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662