Average Payout for a Pedestrian Hit by a Car in Texas
Houston lawyers who fight for maximum compensation
When a driver hits a pedestrian, the injuries are almost always severe, and the medical bills that follow can be overwhelming. Many victims start searching for what their case might be worth, but the truth is that no two pedestrian accidents are alike. The value of a claim depends on the extent of the injuries, the insurance coverage involved, and how well your lawyer proves the full cost of what happened to you.
For more than 30 years, Smith & Hassler has fought for injured Texans across Houston and the surrounding communities. Our attorneys know how to build high-value pedestrian accident cases that hold negligent drivers accountable and force insurance companies to pay what the law requires.
If you were hit by a car in Houston or anywhere in Texas, contact our Houston pedestrian accident lawyers today for a free consultation. We’ll review your case, explain your options, and fight for the maximum payout you deserve. No fees unless we win.
FAQs about Average Pedestrian Accident Settlements in Texas
- What are examples of average pedestrian accident settlements in Texas?
- What factors determine the amount of compensation?
- How does insurance attempt to reduce pedestrian payouts?
- What Texas laws protect injured pedestrians?
- How much is a pedestrian accident claim worth for severe injuries or wrongful death?
- Does comparative fault affect how much compensation I can receive in Texas?
- What kinds of damages can I claim after being hit by a car?
- Do pedestrian accident settlements include future medical expenses and lost income?
- Can I still recover compensation if the driver who hit me was uninsured or fled the scene?
- How long does it take to settle a pedestrian accident claim in Texas?
- What evidence helps increase the value of a pedestrian injury case?
- Are pedestrian settlements higher in Houston than in other Texas cities?
- How do pain and suffering damages get calculated in pedestrian accident cases?
What are examples of average pedestrian accident settlements in Texas?
Pedestrian accident settlements in Texas can range widely, from tens of thousands of dollars for minor injuries to hundreds of thousands or even millions for life-changing harm. The average payout depends on the severity of the injuries and the long-term impact they have on your life.
Common examples include:
- Soft-tissue or minor fractures: Settlements often range from $25,000 to $75,000.
- Serious fractures or surgeries: Cases involving multiple broken bones or hospital stays may settle between $100,000 and $250,000.
- Spinal cord or brain injuries: These catastrophic cases can reach several hundred thousand dollars or more, especially if long-term care or disability is involved.
- Wrongful death claims: Families of pedestrians killed by negligent drivers may recover compensation that reaches or exceeds seven figures, depending on lost income and emotional loss.
These numbers are only starting points. The real value of your case depends on how your lawyer documents your medical care, pain, lost wages, and future needs.
What factors determine the amount of compensation?
Every pedestrian accident case is built on proof. The stronger the evidence, the greater the potential settlement. Several key factors influence payout amounts:
- Severity of injuries: More serious and permanent injuries lead to higher settlements.
- Length of recovery: Extended medical treatment or ongoing therapy increases total costs.
- Lost income: Time off work and reduced future earning capacity add measurable value.
- Pain and suffering: Non-economic damages for physical and emotional distress are often significant.
- Insurance coverage: The driver’s policy limits, plus any additional coverage, affect how much can be collected.
- Legal representation: Skilled lawyers who prepare cases for trial often secure larger settlements because insurers take the claim seriously.
Smith & Hassler’s attorneys gather medical records, expert opinions, and financial analyses to show exactly how an injury affects every part of your life, not just today, but for years to come.
How does insurance attempt to reduce pedestrian payouts?
Insurance adjusters are trained to save their company money. After a pedestrian accident, they often contact victims quickly, hoping to settle before the full cost of treatment is known. They may claim your injuries are exaggerated, that you were outside the crosswalk, or that another factor caused the crash.
These tactics are designed to reduce payouts. Adjusters may also delay the process, push for recorded statements, or request unnecessary documentation to frustrate victims into accepting less than they deserve. Without legal representation, it is easy to fall into these traps.
Smith & Hassler knows how to counter these strategies. Our attorneys handle all communication with insurers, gather the proof they ignore, and negotiate aggressively until we reach a fair settlement. If an insurer refuses to pay, we are fully prepared to take the case to court.
What Texas laws protect injured pedestrians?
Texas law requires drivers to yield to pedestrians in crosswalks and at intersections. When a driver fails to do so, they are liable for any resulting injuries. Even if a pedestrian was outside a marked crosswalk, Texas follows a modified comparative fault rule, meaning you can still recover compensation as long as you were less than 51 percent responsible for the crash.
Because pedestrian injuries are often catastrophic, multiple types of insurance coverage may apply, including the driver’s liability policy, underinsured motorist coverage, or even commercial insurance if the vehicle was owned by a business. A lawyer who understands these laws can identify every available source of recovery and maximize the final payout.
How much is a pedestrian accident claim worth for severe injuries or wrongful death?
The value of a pedestrian accident claim depends on the severity of injuries and how deeply they affect a victim’s life. In Houston and throughout Texas, settlements for severe or fatal pedestrian crashes are often significant because the damages extend beyond immediate medical costs. The following factors can influence how much compensation is awarded in serious or wrongful death cases.
- Extent of injury: Catastrophic injuries such as traumatic brain injuries, paralysis, or amputations often result in multi-million-dollar claims.
- Long-term care needs: Cases involving lifelong treatment or rehabilitation add measurable value to a settlement.
- Economic losses: Lost earning capacity, future income, and funeral expenses in wrongful death cases can substantially raise total compensation.
- Emotional harm: The impact on surviving family members, including loss of companionship or mental anguish, is considered under Texas law.
Every case is unique, and insurers rarely reveal the full potential value upfront. A lawyer can work with economic and medical experts to calculate the total cost of your losses and negotiate for the full amount you are entitled to recover.
Does comparative fault affect how much compensation I can receive in Texas?
Yes. Under Texas’s modified comparative fault rule, you can still recover compensation if you are less than 51 percent responsible for the accident. Insurance companies often try to use this rule to blame pedestrians for “not watching where they were walking" after crashes on busy streets like Westheimer Road, FM 1960, or Bissonnet Street. If they succeed, your payout can be reduced based on your percentage of fault. A lawyer can push back by gathering traffic footage, witness statements, and police reports to prove the driver was fully responsible.
What kinds of damages can I claim after being hit by a car?
When a pedestrian is struck by a vehicle, the injuries can affect every part of that person’s life, physically, financially, and emotionally. Texas law allows injured pedestrians to recover both economic and non-economic damages that reflect the full extent of their suffering. The following categories of compensation are commonly pursued in these cases.
- Medical expenses: Includes emergency care, surgeries, hospital stays, medications, and long-term therapy.
- Lost wages: Compensation for missed work and reduced earning potential during recovery.
- Pain and suffering: Covers the physical pain and emotional distress caused by the accident.
- Permanent disability or disfigurement: Applies to lasting injuries that change appearance or physical ability.
- Loss of enjoyment of life: Reflects how the injury affects daily activities, relationships, and independence.
Calculating these damages requires a full understanding of your medical condition and future prognosis. An experienced lawyer can identify all available compensation sources and ensure nothing is left out of your claim.
Do pedestrian accident settlements include future medical expenses and lost income?
Yes. Serious pedestrian injuries, such as broken bones, spinal injuries, or TBIs, often require months or years of treatment, which means your settlement should cover both current and future costs. Houston hospitals like Memorial Hermann and Baylor St. Luke’s frequently provide long-term rehabilitation for crash victims. Insurance companies rarely account for those ongoing expenses without legal pressure. An attorney can work with medical experts and economists to project the lifetime cost of care and make sure your claim covers everything you’ll need to recover.
Can I still recover compensation if the driver who hit me was uninsured or fled the scene?
Yes. Even if the at-fault driver has no insurance or fled after the crash, you may still have options for recovery through your own uninsured or underinsured motorist (UM/UIM) coverage. These cases are common after nighttime hit-and-runs on roads like the Katy Freeway, Allen Parkway, or near the Galleria area. Unfortunately, even your own insurer may dispute or delay these claims to avoid paying. A lawyer can identify every available policy, file the UM/UIM claim on your behalf, and ensure that no insurer escapes responsibility.
How long does it take to settle a pedestrian accident claim in Texas?
Most pedestrian accident claims take anywhere from several months to a year to resolve, depending on the complexity of the case and the severity of the injuries. Crashes involving catastrophic harm or disputed liability, such as those near downtown intersections or Beltway 8, often require more time for investigation and negotiation. Insurance companies sometimes drag out claims hoping victims will settle for less out of frustration. An attorney can keep the case moving, meet deadlines, and push for a faster and fairer resolution.
What evidence helps increase the value of a pedestrian injury case?
Strong evidence is the backbone of a successful pedestrian injury claim. The right documentation not only proves fault but also establishes the full financial and emotional toll of the accident. Gathering the following evidence as early as possible can make a major difference in your settlement outcome.
- Police and crash reports: Official details from HPD or Harris County deputies about the driver’s fault or citations issued.
- Surveillance or traffic camera footage: Many Houston intersections, including those along Westheimer, Kirby, and Bellaire, have cameras that may have captured the crash.
- Medical documentation: Records and expert testimony that link your injuries directly to the accident.
- Witness statements: Independent accounts from bystanders can confirm you had the right-of-way or that the driver was speeding or distracted.
- Expert analysis: Accident reconstruction specialists can demonstrate how the crash occurred and prove negligence.
Without professional legal help, valuable evidence can be overlooked or destroyed. A lawyer ensures all important information is preserved, organized, and used strategically to maximize the strength and value of your claim.
Are pedestrian settlements higher in Houston than in other Texas cities?
Yes, Houston often sees higher pedestrian accident settlements compared to smaller Texas cities because of its population density, heavy traffic, and higher average injury severity. Major roadways like I-45, Westheimer Road, and the Katy Freeway are among the most dangerous in the state for pedestrians. The cost of living and medical treatment in the Houston metro area also influences settlement amounts.
- More severe crashes: Speeding and distracted driving are more common on Houston’s high-speed corridors, often leading to catastrophic injuries.
- Higher medical costs: Urban hospitals and rehabilitation centers typically charge more than rural facilities.
- More complex claims: Multiple liable parties, including commercial drivers and city contractors, can increase potential compensation.
- Aggressive insurance defense: Big insurers in major metro areas use experienced legal teams to reduce payouts.
Because settlements depend heavily on evidence, location, and local traffic conditions, hiring a Houston-based attorney familiar with city crash patterns and courts can make a measurable difference in the outcome of your case.
How do pain and suffering damages get calculated in pedestrian accident cases?
Pain and suffering damages compensate for physical pain, emotional distress, and how your injuries affect your daily life. In Texas, there is no fixed formula, but the amount depends on factors like the severity of your injuries, the length of recovery, and the impact on your ability to work or enjoy life. For example, someone struck in a downtown Houston crosswalk who now struggles with mobility or PTSD may receive significantly more than someone with minor injuries. A lawyer can document how the accident changed your life and present strong evidence to justify maximum non-economic compensation.
Why Smith & Hassler is the right choice
Smith & Hassler has recovered more than $1 billion for injured Texans, including pedestrians hit by careless drivers in Houston, Pasadena, Sugar Land, Katy, and throughout Southeast Texas. We understand how insurance companies think, and we know how to make them pay.
Our law firm handles every case on a contingency fee basis. That means you pay nothing upfront and no attorney’s fee unless we win your case. We prepare every claim for trial, which often results in faster and stronger settlements for our clients.
If you were hit by a car in Houston or anywhere in Texas, contact Smith & Hassler for a free consultation. We will evaluate your case, explain your legal options, and fight to recover the full compensation you deserve.