Texas Pedestrian Accident Law: Crosswalk Right-of-Way (Transp. Code Ch. 552) & Lisa Torry Smith Act
Governing Texas Statutes & Controlling Appellate Precedent
Tex. Transp. Code §§ 552.001–552.011 (Pedestrians' Rights and Duties) Tex. Transp. Code § 545.428 (Lisa Torry Smith Act — Crosswalk Bodily Injury Offense) Tex. Transp. Code § 552.008 (Driver's Duty to Exercise Due Care to Avoid Colliding With Any Pedestrian) Tex. Civ. Prac. & Rem. Code § 33.001 (51% Comparative Fault Bar)
Leading Texas Supreme Court & Appellate Decisions:
- Moughon v. Wolf, 576 S.W.2d 603 (Tex. 1978) (Negligence Per Se Standard)
Overview of Texas Law & Liability Framework
Texas pedestrian injury claims turn on the statutory interplay between crosswalk right-of-way rules in Texas Transportation Code Chapter 552, the heightened criminal and civil duties imposed by the Lisa Torry Smith Act (§ 545.428), and the universal duty of drivers under § 552.008 to exercise due care.
Key Texas Statutory Rules & Liability Standards
- Lisa Torry Smith Act (Tex. Transp. Code § 545.428): Enacted in 2021, this Texas statute makes it a criminal offense (Class A misdemeanor for bodily injury; state jail felony for serious bodily injury) for a driver to act with criminal negligence and strike a pedestrian, cyclist, or scooter rider lawfully in a crosswalk—establishing a powerful negligence per se foundation in civil suits.
- Marked & Unmarked Crosswalk Right-of-Way (§ 552.003): At an intersection with no operating traffic control signal, a driver must stop and yield the right-of-way to a pedestrian crossing in a marked OR unmarked crosswalk if the pedestrian is on the half of the roadway in which the vehicle is traveling or is approaching so closely from the opposite half as to be in danger.
- Jaywalking Does NOT Automatically Bar Recovery (§ 552.005 & § 552.008): While Tex. Transp. Code § 552.005(a) requires a pedestrian crossing outside a marked or unmarked crosswalk to yield to vehicles, § 552.008 independently mandates that every driver 'shall exercise due care to avoid colliding with a pedestrian on a roadway' and give warning by sounding the horn when necessary. Thus, jaywalking is evaluated as comparative fault under CPRC Chapter 33 rather than an automatic bar.
- PIP & UM/UIM Apply to Pedestrians: A Texas resident struck as a pedestrian by a motor vehicle is covered under their own household Texas Personal Auto Policy's Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist (UM/UIM) coverages even though they were on foot.
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Urban pedestrian litigation in Houston, Dallas, Austin, and San Antonio frequently involves intersection signal-timing records (phasing and Leading Pedestrian Interval logs obtained via the Texas Public Information Act, Tex. Gov't Code Ch. 552) and night-time headlight illumination reconstruction.
Compensatory & Exemplary Damages Available Under Texas Law
Trauma resuscitation and inpatient hospital bills (§ 41.0105), traumatic brain injury and orthopedic rehabilitation, net lost earning capacity (§ 18.091), pain, mental anguish, physical impairment, and wrongful death damages under CPRC Ch. 71.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
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