EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
If you or someone you love was struck by a vehicle while walking, the first thing you need to understand is that Texas is one of the most dangerous states in the country for pedestrians — and McAllen sits in a state where those numbers keep climbing. At Dashner Law Firm | McAllen Injury & Accident Attorney, we work with pedestrian accident victims across the Rio Grande Valley and throughout Texas. I’ve seen firsthand how serious these injuries are, how quickly insurance companies move to limit payouts, and how much difference legal representation makes to the final outcome. This guide covers the data, the law, and the practical steps you should take right now.
Texas Leads the Nation in Pedestrian Fatalities — What That Means for McAllen Residents
The short answer to which state has the most pedestrian accidents: Texas. According to data tracked by the CDC, Texas consistently ranks among the top two or three states in total pedestrian fatalities and serious injuries, with only California occasionally posting comparable numbers. But California has roughly 3.5 times the population. On a per-mile-traveled and per-capita basis, Texas roads are genuinely more dangerous for people on foot.
Why? Several factors combine. Texas has sprawling metro areas with wide, high-speed arterials that were designed around vehicles. Sidewalk infrastructure is inconsistent, especially in communities that grew quickly over the past two decades. Summers push people to walk after dark to avoid the heat, reducing visibility. And Texas has one of the highest rates of distracted and impaired driving in the country.
McAllen reflects all of these patterns. The city’s main corridors — including Expressway 83, 10th Street, and Nolana Avenue — carry heavy traffic and have pedestrian crossing conditions that are far from ideal. The area also draws heavy cross-border foot traffic, which increases the number of pedestrians in circulation at any given time. When I speak with clients from this area, they often describe being struck near strip malls, crossing major roads between bus stops, or walking along streets that have no curb or sidewalk at all. Those are not freak occurrences. They are predictable outcomes of specific road design choices.
How Many Car Accidents Involve Pedestrians in Texas?
The Texas Department of Transportation (TxDOT) publishes annual crash statistics, and the numbers for recent years are sobering. In 2024, the most recent full-year data available as of early 2026, Texas recorded more than 5,700 pedestrian-involved crashes statewide. Of those, roughly 800 resulted in fatalities and several thousand involved serious incapacitating injuries.
To put that in context: Texas pedestrian accident attorneys handle a case type that generates hundreds of new victims every single month across the state. These are not rare events. They happen every day, on familiar roads, often in broad daylight.
In the Rio Grande Valley region, Hidalgo County — which includes McAllen — records pedestrian crash numbers that are disproportionately high relative to its population. Contributing factors include a high rate of pedestrian commuting, lower vehicle ownership rates in some neighborhoods, and roads that were engineered for traffic volume rather than pedestrian safety.
If you were hit by a car while walking and you’re trying to figure out whether what happened to you “counts” as a legal case, the data tells you something important: you are not alone, and these crashes are almost always preventable. That preventability is exactly what makes them legally actionable.
What Percentage of Pedestrian Accidents Happen at Intersections in Texas?
Roughly 70 to 75 percent of pedestrian crashes in Texas occur at or near intersections, according to TxDOT crash data. That statistic surprises many people who assume most pedestrian accidents happen when someone darts out mid-block. The reality is that intersections — even marked, signalized ones — are the most common site of pedestrian injuries and deaths.
There are a few reasons for this. Turning vehicles are a major culprit. A driver making a right turn on red is watching for oncoming traffic, not for pedestrians in the crosswalk. Left-turning drivers focus on gaps in opposing traffic. In both cases, a pedestrian who has a legal right-of-way can be in the driver’s blind spot or simply outside their field of attention.
In McAllen specifically, intersections along Nolana, Business 83, and the major north-south arterials have a high pedestrian traffic volume, but signal timing that is often calibrated for vehicle flow rather than pedestrian crossing time. Older adults and people with mobility limitations frequently cannot complete a crosswalk crossing within the allotted signal phase. That is a known infrastructure problem that city engineers and traffic planners have documented.
From a legal standpoint, this matters. When a pedestrian is struck in a marked crosswalk or on a green pedestrian signal, the legal presumption of fault shifts heavily toward the driver. Texas Transportation Code § 552.003 requires drivers to yield to pedestrians in crosswalks. Violations of that statute support a negligence claim. If you were injured at an intersection and you had the signal or were in a marked crosswalk, document that immediately — traffic camera footage, surveillance from nearby businesses, and witness accounts are all critical early evidence.
Are Pedestrian Accidents on the Rise in Texas?
Yes. The trend line is going in the wrong direction. According to Pew Research Center analysis of federal traffic data, pedestrian fatalities across the U.S. have been climbing steadily for over a decade, even as overall vehicle crash fatalities fluctuated. Texas has tracked that national trend and, in some years, exceeded it.
Several things drive the increase. Larger vehicles are one factor. Pickup trucks and SUVs now make up the majority of vehicles sold in Texas. When these vehicles strike a pedestrian, the impact geometry is fundamentally different from a sedan — the hood height is closer to an adult’s torso than to their legs, which dramatically increases the likelihood of fatal injury. Research from Johns Hopkins Medicine and other trauma institutions has documented the correlation between large vehicle prevalence and pedestrian fatality rates.
Smartphone distraction has also changed the equation for both drivers and pedestrians. Drivers are visually distracted for longer intervals than at any previous point in recorded crash data. Pedestrians are also less attentive at crossings than they were ten years ago.
The practical takeaway for someone injured in 2026: this is an environment where negligence claims are increasingly well-supported by systemic evidence. It is not just about one careless driver. It is about a documented, ongoing safety crisis that places legal and moral accountability squarely on drivers who fail to exercise reasonable attention.
How Many People Are Killed in Pedestrian Accidents Each Year?
Nationally, the CDC reported approximately 7,500 pedestrian fatalities in the most recent full reporting year. That works out to roughly one pedestrian killed every 70 minutes in the United States. Texas accounts for a substantial share of that total — typically somewhere between 700 and 850 deaths per year depending on the calendar year, making it the second-deadliest state for pedestrians in absolute numbers.
Injuries that don’t result in death are far more numerous. For every pedestrian killed in Texas, roughly six to eight more suffer serious injuries: broken bones, traumatic brain injuries, spinal cord damage, internal organ injuries, and severe soft tissue trauma. The NIH has published extensive research on the long-term health consequences of pedestrian accident trauma, and the picture is not encouraging. Many victims face years of rehabilitation, permanent functional limitations, and significant loss of earning capacity.
These are not just statistics. They describe real outcomes I’ve seen in my practice. A client struck at a crosswalk on Nolana Loop doesn’t just have a broken leg — they often face months off work, home modification costs, ongoing pain management, and psychological consequences including PTSD and anxiety about crossing streets. A pedestrian accident claim needs to capture all of those losses, not just the emergency room bill.
If you’ve lost a family member to a pedestrian accident, Texas also provides a legal path through a wrongful death claim, which allows surviving family members to seek compensation for their own losses, including grief and loss of companionship, in addition to the deceased’s medical expenses and lost income.
How to Prevent Pedestrian Accidents in Texas?
Prevention matters on two levels: what individual pedestrians can do, and what drivers and local government must do. Both are worth covering.
For pedestrians in McAllen and across Texas, the highest-risk moments are nighttime crossings on multi-lane arterials, intersections with turning vehicles, and any situation where you are crossing mid-block. Wearing reflective or brightly colored clothing after dark is one of the most effective individual-level risk reductions available. Assuming that drivers see you — especially turning drivers — is a dangerous assumption. Make eye contact when possible before stepping into a crosswalk. Put the phone down before you cross, not halfway through.
For drivers, the legal obligation in Texas is clear. Texas Transportation Code § 552.003 requires yielding to pedestrians in crosswalks. Texas law also prohibits texting while driving under Transportation Code § 545.4251. Both of these statutes create legal liability when violated and result in pedestrian injuries. Drivers in Texas are also required to exercise due care to avoid colliding with a pedestrian — that’s a broad standard that applies even outside of marked crosswalks.
At the policy level, cities have tools that work. High-visibility crosswalk markings, pedestrian-activated crossing signals, pedestrian refuge islands on wide roads, reduced speed limits in high-pedestrian areas, and improved lighting all have demonstrated track records of reducing crash rates. Advocacy organizations and researchers have documented these interventions extensively. FindLaw’s legal resources and Justia both track state-level pedestrian safety legislation and can be useful references for understanding the legal framework.
If a poorly designed intersection or inadequate pedestrian infrastructure contributed to your injury, that fact can be legally relevant. Claims against government entities in Texas have specific procedural requirements — including notice deadlines that are shorter than standard civil case limitations — so this is an area where early legal consultation matters a great deal. Our Texas personal injury attorneys understand these procedural rules and can assess whether a premises liability or governmental negligence claim applies to your situation.
What Compensation Can a Pedestrian Accident Victim Recover in Texas?
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code § 33.001. As long as you are not more than 50 percent at fault for the accident, you can recover compensation. Your award is reduced by your percentage of fault. So if a jury finds you 20 percent at fault and awards $200,000, you collect $160,000.
Recoverable damages in a Texas pedestrian accident case include medical expenses — past and future — lost wages, reduced earning capacity, pain and suffering, emotional distress, and disfigurement. In cases involving particularly reckless conduct, such as a drunk driver or a driver with a history of traffic violations, exemplary damages may also be available.
One area that often gets undervalued without legal help is future medical costs. A traumatic brain injury from a pedestrian accident can require years of cognitive rehabilitation, medication management, and psychiatric support. Projecting those costs accurately requires working with medical experts and economic analysts. Insurance companies routinely offer early settlements that do not come close to covering long-term needs. Accepting that settlement closes the door on future claims.
Hit-and-run pedestrian accidents present a separate set of challenges. Texas requires drivers to stop and render aid under Transportation Code § 550.021. When they don’t, injured pedestrians may have a path to compensation through their own uninsured motorist coverage. A Texas pedestrian hit-and-run attorney can help you identify every available insurance source and build the strongest possible case even without an identified defendant.
Working With a Pedestrian Accident Lawyer in McAllen
The two-year statute of limitations under Texas Civil Practice and Remedies Code § 16.003 means you have time to act thoughtfully — but not indefinitely. Evidence deteriorates. Traffic camera footage gets overwritten. Witnesses become harder to locate. Starting the legal process early gives your attorney the best chance of building a complete record.
A qualified pedestrian accident compensation lawyer will conduct an independent investigation, gather physical evidence, obtain and preserve surveillance footage, interview witnesses, work with accident reconstruction experts if needed, and handle all communications with insurance adjusters so you can focus on recovery. That last point matters more than people realize. Insurers are experienced at gathering statements from injured people that reduce the value of their claims. You should not be navigating that alone.
See what our McAllen clients say about working with our team. The results speak to the difference that focused, experienced representation makes in these cases.
Geoffrey Dashner has handled serious personal injury cases including pedestrian accidents across Texas, and our team brings both courtroom experience and local knowledge to every case we take. We understand the roads in this region, the local courts, and the insurance companies that operate here. That combination is not incidental — it directly affects how efficiently we can build and resolve a case.
We also handle related practice areas that sometimes intersect with pedestrian cases. If you were hit by a rideshare driver, our Texas rideshare accident attorneys handle those complex insurance structures. If the driver was intoxicated, our Texas DWI accident attorneys know how to use that fact fully in civil litigation. And if a commercial truck was involved, our Texas truck accident attorneys can address the additional layers of federal regulation and carrier liability that apply.
Take the Next Step in McAllen
If you were injured as a pedestrian in Texas, do not wait to get legal advice. The information in this article is a starting point, but your specific situation — the road conditions, the driver’s behavior, your injuries, the available insurance coverage — determines what your case is worth and what legal theories apply.
Dashner Law Firm | McAllen Injury & Accident Attorney offers free consultations for pedestrian accident victims. There are no upfront fees — we work on a contingency basis, which means we only get paid if you recover compensation.
Contact us to schedule your free consultation. Call our McAllen team today at (956) 303-6170. You can also visit our office at 813 N Main St #608, McAllen, TX 78501. For additional legal resources on pedestrian accident law, the American Bar Association and Cornell Law School’s Legal Information Institute are reliable starting points for understanding your rights.
You were following the rules. You have the right to expect the same from drivers. When a driver fails that obligation and you pay for it with your health, the law gives you a path to hold them accountable. Let us help you take it.
