Hit by a car while walking or biking in Austin: your rights and finding a pedestrian accident lawyer

Last checked November 8, 2026

Austin counted 30 pedestrian deaths in 2025, down from 39.1 Texas drivers must stop for you in a crosswalk where no signal is working.2 You generally have 2 years to sue.3 If a broken city sidewalk, a city vehicle or city signal played a part, the city says your claim letter is due in 45 days.4

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Road map of Austin marking high-injury corridors on city streets, where a small share of the network carries most severe crashes
Far from a signal, 43% of Austin pedestrian crashes turn severe. Map data © OpenStreetMap contributors.

How dangerous is walking in Austin?

Better than it was, but still serious. Serious pedestrian injuries fell from 59 in 2024 to 50 in 2025, in early city numbers.5 One city analysis found that severe outcomes rise to 43% of pedestrian crashes when a signalized crossing is more than half a mile away, against 27% at a quarter to half mile.6

Speed matters most. A study the city cites gives a person hit at 20 mph a 5% chance of dying, rising to 45% at 30 mph and 85% at 40.7 City staff say speeding is the leading factor in one of every four fatal crashes.8 If you remember the car's speed, or a nearby camera that might show it, write that down today.

Who has the right of way at an Austin crosswalk?

  • With a Walk signal, drivers must stop and let you cross.9
  • At a crosswalk with no working signal, drivers must stop for you on their half of the road.2
  • Crossing outside a crosswalk, you must yield to cars, which can affect who gets blamed.10
  • Even if you made a mistake, a driver still has to use care to avoid hitting anyone.11

A copy of City Code 12-1-35 in city records adds to these. It calls people on foot vulnerable road users and says a driver must use due care to avoid hitting them.12 It also bars a driver from passing one and then turning right in front of that person unless safely clear.13 We read a copy kept in city records, so ask a lawyer to check the current text.

What rights do bike and scooter riders have in Austin?

The city says people on bicycles and scooters have the rights and duties of drivers.14 Texas law says the same about bikes, with some exceptions.15 A slower rider generally stays near the right side, with exceptions for turns, hazards and narrow lanes.16 Riding on the sidewalk is allowed if done in a reasonable and prudent way.17

Serious injuries to bicyclists fell from 27 to 21 in 2025, while e-scooter injuries rose from 5 to 7.1819 In an Austin Public Health study from 2018, nearly half of 190 injured scooter riders had head injuries.20 If a rider hits you, Austin says that rider must give reasonable help and a name and contact information.21 A company-owned scooter may also have a trip record, so note the brand and any number on it.

Passing room comes from that same code section. Cars and light trucks should leave at least three feet and large trucks at least six, when road conditions allow.2223

Whose road were you on in Austin?

It is worth finding out. The city says about 65% to 75% of Austin traffic deaths happen on state-owned roads.24 Its High Injury Network is 8% of the street network but nearly 60% of serious or fatal crashes.25 A crash on a city street where the sidewalk was missing or a signal was broken can point you to a government claim, and then the clock moves fast.

A city presentation refers to 1,500 miles of absent sidewalk.26 A missing sidewalk alone rarely makes a claim, but it explains why you were walking in the road, and an adjuster should hear that.

How do you file a claim if the City of Austin was involved?

The city says 45 days from the incident.4 Its charter says that failing to give notice excuses the city from liability.27 Write down what happened, when and where, your injury, and your address and daytime phone.28 Send it to [email protected] or to the Law Department - Claims, P.O. Box 1546, Austin.2930

Get the letter notarized, because a May 2026 city document says the charter calls for an affidavit even though the web page only asks for a letter.31 For a claim against the state or another agency, the usual notice is six months.32

What should you do first after being hit in Austin?

  1. Call 911 and say you are hurt. An officer who responds writes a CR-3 when required.33
  2. Go to the hospital. Dell Seton is a Level I trauma center.34
  3. Ask friends to go back to the spot for photos of the crossing, signal and any business cameras.
  4. Buy the report through LexisNexis BuyCrash when it is ready, or TxDOT for $6.3536
  5. Do not give a recorded statement before you understand how shared fault works in Texas.37

Questions

How long do I have to sue after being hit by a car in Austin?

You generally get 2 years to file.3 If the city was involved, send your claim letter within 45 days of the incident, the city says.4

Can I claim money if I crossed outside the crosswalk?

Possibly. You must yield there, but drivers still owe care, and you lose your claim only if you are more than 50% at fault.101137

Are e-scooters allowed on Austin sidewalks?

Yes, if ridden in a reasonable and prudent way, the city says.17

Who can I call about a broken sidewalk in Austin?

Austin 3-1-1 takes repair requests online, by app or by phone.38

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Austin

Hit while walking or biking

Texas

Sources

  1. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “pedestrian fatalities dropped from 39 to 30”
  2. Tex. Transp. Code § 552.003(a), checked 2026-11-08. “The operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian is: (A) on the half of the roadway in which the vehicle is traveling”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  5. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “| Pedestrian | 59 | 50 | ↓15.3% |”
  6. City of Austin, World Pedestrian Day is August 17, checked 2026-11-08. “pedestrian crash data shows serious injuries or fatalities rise to 43% when signalized crossings are over half a mile away, compared to 27% at a quarter-mile to half-mile distance”
  7. City of Austin, World Pedestrian Day is August 17, checked 2026-11-08. “a pedestrian hit by a vehicle traveling 20 mph has a 5% chance of being killed, and this increases to 45% at 30 mph and 85% at 40 mph”
  8. City of Austin, World Pedestrian Day is August 17, checked 2026-11-08. “is the primary contributing factor in one out of four fatal traffic crashes in Austin”
  9. Tex. Transp. Code § 552.002(b), checked 2026-11-08. “A pedestrian or sidewalk user facing a "Walk" signal may proceed across a roadway in the direction of the signal, and the operator of a vehicle shall stop and yield the right-of-way to the pedestrian or sidewalk user.”
  10. Tex. Transp. Code § 552.005(a), checked 2026-11-08. “A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place: (1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection”
  11. Tex. Transp. Code § 552.008, checked 2026-11-08. “the operator of a vehicle shall: (1) exercise due care to avoid colliding with a pedestrian on a roadway;”
  12. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “a person operating a motorcycle, moped, motor-driven cycle, or motor assisted scooter”
  13. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “subsequently make a right-hand turn in front of the vulnerable road user”
  14. City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-08. “have the rights and are subject to all of the duties and regulations applicable to drivers of motor vehicles”
  15. Tex. Transp. Code § 551.101(a), checked 2026-11-08. “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle”
  16. Tex. Transp. Code § 551.103(a), checked 2026-11-08. “a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:”
  17. City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-08. “Riding a bicycle or micromobility device on a sidewalk is allowed, in a reasonable and prudent manner.”
  18. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “| Bicyclist | 27 | 21 | ↓22.2% |”
  19. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “| E-Scooter Rider | 5 | 7 | ↑40% |”
  20. Austin Public Health, e-scooter injury study memo, checked 2026-11-08. “Of the 190 injured riders, nearly half (48%) had injuries (e.g., fractures, lacerations, abrasions) to the head.”
  21. City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-08. “Riders who cause injury to a person or damage to property to provide reasonable assistance and give their name and contact information.”
  22. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “three feet if the operator’s vehicle is a passenger car or light truck”
  23. City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “six feet if the operator’s vehicle is a truck, other than a light truck, or a commercial motor vehicle”
  24. City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Approximately 65%-75% of Austin’s traffic fatalities occur on roads owned by the state.”
  25. City of Austin, Vision Zero, checked 2026-11-08. “It includes just 8% of the city's street network but contains nearly 60% of all serious injury or fatal crashes”
  26. City of Austin, Sidewalks and Urban Trails Updates, checked 2026-11-08. “How to address 1,500 miles of absent sidewalk”
  27. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
  28. City of Austin, File a Claim, checked 2026-11-08. “Date, time and location of the incident Description of what occurred Type of damage(s) or injury”
  29. City of Austin, File a Claim, checked 2026-11-08. “Email [email protected]”
  30. City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
  31. City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
  32. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  33. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Complete a TXDOT Crash Report (CR-3) when required”
  34. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  35. City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
  36. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy.”
  37. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  38. City of Austin, Request sidewalk or street repair, checked 2026-11-08. “You can contact Austin 3-1-1 online, with the app, or by phone to request repairs.”

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