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Austin Pedestrian Accident Lawyer
Fighting for Austin Pedestrian accident victims
Austin Pedestrian Accident Attorney
Austin publishes a map of the exact streets where drivers hit people, yet almost nobody hurt on those streets knows it exists. An Austin pedestrian accident lawyer who turns the city’s own safety data into claim evidence walks into negotiations with ammunition most insurers never see coming.
You were the only person in the crash without airbags, a seatbelt, or three thousand pounds of steel. While you are still hospitalized, the driver’s insurer is already working your file, requesting a recorded statement while you are medicated and drafting a jaywalking theory before anyone measures the scene.
What happens next should not depend on whether an adjuster can talk you into blaming yourself for walking. Start with a free consultation. Call Goldberg & Loren at (512) 254-4424, day or night, before you give any insurer a statement.
Legally reviewed by Matthew Kotzen
A former insurance-defense trial attorney, Matthew Kotzen spent the early part of his career representing insurance companies before switching sides to fight for injured people. He earned his J.D. from the Walter F. George School of Law at Mercer University and has represented thousands of injury victims. He is a Lifetime Member of Best Attorneys of America, was named to the Top 100 Civil Plaintiff Attorneys by The National Trial Lawyers, and is admitted to the State Bar of Texas.
“I spent years building cases for insurance companies. Now I use that same playbook to make sure they pay what they actually owe.”
Goldberg & Loren Fights for Maximum Compensation
Pay Nothing, Unless We Win
Texas Injury Law at a Glance
| Deadline to file a lawsuit | Two years from the date of the injury. Tex. Civ. Prac. & Rem. Code § 16.003 |
| Fault rule | Modified comparative responsibility ("51% bar"): you recover only if you are 50% or less at fault, and your award is reduced by your share. §§ 33.001, 33.012 |
| Reporting the crash | Notify police immediately when there is injury, death, or a vehicle that cannot be driven away safely. Tex. Transp. Code § 550.026 |
Why Austin Pedestrian Accident Lawyers Know the High Injury Network by Heart
Through its Vision Zero program, Austin identified a High-Injury Network, the small slice of streets where serious crashes concentrate. Roughly 8% of the city’s street network carries close to 60% of its serious injury and fatal crashes, so if a driver hit you, odds are it happened on a street the city already flagged as dangerous. That flag reframes the crash as predictable rather than freakish.
Goldberg & Loren folds that public record into the demand package, attaching the corridor’s listing and citing the safety studies the city completed before your crash. A driver who travels that corridor daily cannot credibly claim the crossing surprised him when the record shows it surprised nobody.
Thirty People on Foot Died in Austin Traffic in 2025
The city’s crash database recorded 30 pedestrian deaths in Austin in 2025, out of 99 total traffic deaths, so nearly a third of everyone killed in Austin traffic was simply walking. These are the stakes behind every crosswalk dispute, and why we refuse to treat pedestrian cases as fender benders.
Where an Austin Pedestrian Accident Attorney Sees the Same Streets Again and Again
The problem spots come out fast: the I-35 frontage roads, East Riverside, North Lamar around Rundberg, South Congress after dark. Long arterials, wide lanes, high speeds, and crossings spaced so far apart that the road itself dares people to cross mid-block.
Each corridor has its own lighting, camera coverage, and crash history, so we investigate the street as thoroughly as the driver, returning at the same hour for night crashes to photograph what the driver’s windshield actually framed and log which streetlights were dark.
Corridors like East Riverside and North Lamar share a geometry problem: apartments on one side, bus stops and groceries on the other, and a quarter mile between safe crossings.
A person who crosses where the bus dropped them is responding rationally to a badly designed street. Impact speed then decides survival: a person struck at 20 mph usually lives, and the odds collapse through 40, which is why event data recorders and video timing matter so much.
The Right of Way Rules an Austin Pedestrian Accident Lawyer Uses To Prove Fault
Texas gives pedestrians more legal protection than most drivers, and frankly most insurers, would ever admit. Transportation Code Chapter 552 spells out who yields where, and the answers routinely contradict the version of events the adjuster opens with.
Austin’s traffic signals run on programmed cycles, and we request the timing records for your crash date, then sync them against video and witness accounts. A driver who insists the light was his loses that argument to a document.
Crosswalk Rights at Marked and Unmarked Intersections
Here is the rule that surprises everyone: a crosswalk exists at an intersection whether or not paint marks it, and drivers must yield to pedestrians crossing with the signal or within an unmarked crosswalk. The absence of white stripes does not strip your right of way, and although insurers lean on the missing paint, the statute is the answer.
The Due Care Duty That Survives Even a Mid-Block Crossing
Even where a pedestrian crosses outside any crosswalk, Texas law still requires drivers to exercise due care to avoid hitting people, to sound the horn when needed, and to take special precautions around children and obviously confused or incapacitated individuals. A mid-block crossing complicates a claim, but it does not erase the driver’s running duty to avoid you.
Austin also tightened enforcement so that drivers cited for failure to yield in injury crashes must appear in court rather than quietly mailing a fine. That mandatory appearance creates records and admissions your civil claim can use, so we track the citation through municipal court.
How Austin’s Left Turn Data Strengthens Turning Crash Claims
After Austin installed protected left turns at dozens of signals, opposite-direction left-turn injury and fatal crashes dropped 72% at the studied intersections. That finding matters in a turning case. It confirms what reconstruction has said for years: that left-turn crashes flow from driver decisions the system can prevent.
A driver who turned across your path made a choice the data says was avoidable. Before committing to the turn, he had to check the crosswalk at the far side of his arc, and a pedestrian in that crosswalk with the walk signal held the right of way. A break in traffic is not permission to accelerate through people.
How an Austin Pedestrian Accident Attorney Beats the Jaywalking Defense
The insurer’s favorite word in these cases is jaywalking, deployed fast to shift blame and shrink the payout. But Texas bars recovery only when your fault exceeds 50%, and a properly investigated pedestrian case rarely lands there.
Suppose a jury puts 20% on you for crossing mid-block and 80% on a speeding driver. You still recover 80% of your damages, which on a serious injury claim is life-changing money, so we answer the adjuster’s opening allocation with speed reconstruction, crossing spacing, and phone records. Every point of fault moved off of you is a point of your damages recovered.
Evidence wins that fight. Businesses, buses, doorbells, and dashcams capture more crossings than anyone realizes, phone records show whether the driver’s eyes were down, and vehicle data shows speed and braking.
Because the recordings that save pedestrian cases get overwritten on short cycles, we send preservation letters to the transit agency, nearby apartment complexes, and the driver’s insurer in the first week.
What an Austin Pedestrian Accident Lawyer Values in a Serious Injury Claim
An unprotected body absorbing a vehicle strike produces injuries that stack, and a claim that only counts the first hospital stay misses most of the loss. We price these cases on the full arc, and a complete demand accounts for every category on this list.
- Emergency care, surgeries, and every projected future procedure
- Rehabilitation, mobility equipment, and home modifications
- Lost wages and the careers a permanent injury forecloses
- Pain, disfigurement, and physical impairment
- The out-of-pocket costs that follow a body that no longer works the same
Every line gets documentation behind it, so the insurer’s cheapest path forward is paying what the claim is worth. The trauma team at Dell Seton or St. David’s is only the first chapter: orthopedic hardware, brain injury therapy, and months of rehab follow, and many pedestrian victims never return to the work they did before.
A life care planner projects each future need year by year, and because the work you did at home gets underclaimed constantly, we ask clients to log every task someone else now performs so an economist can convert it into a lifetime figure.
Fatal Crashes, Hit and Run Drivers, and the Families Left Behind in Austin
Some of the people searching this page lost someone, or got hurt by a driver who never stopped, and both situations still have legal paths. Families of pedestrians killed by negligent drivers can pursue wrongful death claims, and hit-and-run victims have more options than the empty police report suggests.
In the first days after a fatal crash, relatives can protect the case by keeping anything returned by the hospital exactly as received and by not letting any involved vehicle be repaired or released before an attorney inspects it.
When the Driver Fled and Where Compensation Still Comes From
A fleeing driver does not end the claim. Uninsured motorist coverage on your own auto policy typically covers you as a pedestrian, a detail most people have never had reason to learn.
Crime victim compensation programs can help with certain losses, and investigations sometimes find the driver through cameras and paint transfer. We pursue every door at once, giving your carrier written notice immediately, because your own insurer will defend the claim the way the missing driver’s carrier would have.
After the Hit and the Hospital, Call an Austin Pedestrian Accident Lawyer
With the right team the claim becomes the easy part. Austin’s own crash data, enforcement records, and street design history become pressure an insurer can feel. We investigate fast, answer the blame-shifting with evidence, and demand the full value of what the crash took. The consultation is free, the phone is answered 24/7, and you pay nothing unless we win. Reach us through our contact page or call (512) 254-4424 now.
Austin Pedestrian Accident Lawyer Questions People Ask Us
Pedestrian crashes raise questions that car-on-car wrecks rarely do. Here are direct answers, and if yours is not covered, that is what the free consultation is for.
Yes, though it can affect the fault analysis. Texas follows modified comparative responsibility, so you can still recover as long as your share of fault is 50% or less, and your award is reduced by your percentage. Drivers owe pedestrians care at unmarked intersections and mid-block too, not just painted crosswalks.
A fleeing driver does not end your claim. Uninsured motorist coverage on your own auto policy typically covers you as a pedestrian, and investigations sometimes identify the driver through nearby cameras and paint transfer evidence. We pursue every available path at once rather than waiting on one lead.
Medical bills, future treatment, lost wages, and pain and suffering are all recoverable, and pedestrian injuries tend to be more severe than occupant injuries because there is no vehicle frame absorbing the impact. A thorough demand accounts for long-term care needs, not just the bills you have today.
Reporting a crash and filing a lawsuit are two very different deadlines, and the reporting one is far shorter. Under Texas law, if anyone is injured or killed, or a vehicle is too damaged to be driven away safely, the drivers involved must notify police immediately, by the quickest means available, not days later (Tex. Transp. Code § 550.026). You also have to stop at the scene, give your name, address, and insurance information, and help anyone who is hurt (§§ 550.021–550.023). Leaving the scene of an injury crash is a serious crime in Texas, not a paperwork issue.
You may have heard that you have “ten days to file a crash report.” That ten-day deadline actually belongs to the investigating police officer, who must send the official crash report to TxDOT within ten days when a wreck causes injury, death, or at least $1,000 in property damage (§ 550.062). Your job is to report the crash to police right away, then notify your own insurance company promptly.
If your crash happened inside Austin city limits, the Austin Police Department handles it, and you can get your official crash report from APD Headquarters at 715 E. 8th Street, Austin, TX 78701 (512-974-2000) or order it online through TxDOT. If you are not sure how to get your report or what it says about fault, call us at (512) 254-4424 and we will walk you through it.
Legal Sources & References
The Texas laws described on this page are cited to the official statutes published by the Texas Legislature and were last reviewed on July 31, 2026.
- Statute of limitations (2 years), Tex. Civ. Prac. & Rem. Code § 16.003
- Comparative responsibility & reduction, Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
- Duty to report a crash, Tex. Transp. Code §§ 550.021–550.026, 550.062
- Texas crash data, Texas Department of Transportation (TxDOT)
- Crash reports in Austin, Austin Police Department
- Where Austin injury suits are filed, Travis County District Courts
Goldberg & Loren — Lakeway Office
211 Ranch Rd 620 S, Suite #230
Lakeway, TX 78734
(512) 254-4424
Serving Austin & Travis County
Getting hit while you're simply crossing the street changes everything in an instant. My job is to carry the legal fight so my clients can put their energy where it belongs — on healing.
Matt Kozem
Attorney