Hit by a car as a pedestrian in McAllen: your rights and finding a pedestrian accident lawyer

Last checked November 8, 2026

In McAllen, 11% of people on foot in crashes were killed or seriously hurt from 2018 to 2023, and serious walking crashes happen more often away from intersections.12 Texas drivers must use care to avoid hitting anyone on the road, even a walker who makes a mistake.3 You generally have 2 years to sue.4

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Road map of McAllen highlighting N 10th Street at Fern and Tamarack avenues, where every serious crash in a city study involved a vulnerable road user
McAllen: serious walking crashes happen more away from corners. Map data © OpenStreetMap contributors.

How common are pedestrian accidents in McAllen?

Walking crashes are rare compared with car crashes, but they do far more harm. Across McAllen streets from 2018 to 2023, 380 people on foot were in crashes, and 43 were killed or seriously hurt.1 That is 11%. For people in cars the share was 1%.5 For people on bicycles, 9 of 125 were killed or seriously hurt, or 7%.6

Those numbers come from the city's own Vision Zero plan, so they are a strong starting point if an insurer says your crash was a fluke.

Where are people hit by cars in McAllen?

Often away from the corner. The plan found that fatal and serious crashes involving people walking happen at a higher rate outside of intersections.2 One common pattern is a person crossing mid-block who is struck by a driver in the roadway.7 McAllen's blocks can be long, and many people cross where they need to, near a bus stop or a store.

Principal arterials, the wide multi-lane roads, were much more dangerous for people walking.8 The 10th Street intersections at Fern Ave, Tamarack Ave and Hwy 83 had 73 crashes, and all 4 fatal or serious ones involved a person outside a car.9 Nolana Ave at N 10th St and Pecan Blvd at N 21st St are also near the top of the city's priority list.10

Night makes it worse. The plan says nighttime is overrepresented in serious crashes, especially for people walking.11 If the street lights were out where you were hit, note the pole number or take a photo, because lighting may matter.

Who has the right of way when you cross a street in McAllen?

Where you crossedThe Texas rule
With a Walk signalDrivers must stop and let you cross12
In a crosswalk with no working signalDrivers must stop if you are on their half of the road13
Outside a crosswalkYou must yield to cars, which can affect blame14
AnywhereDrivers must still use care to avoid hitting you3

So crossing mid-block does not end your claim. It may reduce it. A claim fails only if you are found more than 50 percent at fault.15 If a driver turned left into you in the crosswalk, a pattern the city plan also lists,16 the driver should have been looking for you.

What if I was hit on a bike or e-bike in McAllen?

A person on a bike has the same rights and duties as a car driver, except where the law says otherwise.17 A slower rider has to stay near the right side, with exceptions for turns, passing, hazards and narrow lanes.18

The city plan lists a driver turning right into a bicyclist going straight as a common serious crash.19 If that is what happened, tell the officer the bike was going straight and ask that the report say so.

What should you do after being hit by a car in McAllen?

  1. Call 911 and stay put if you can. Ask the officer to write down where you were and which way you were going.
  2. Get care. South Texas Health System McAllen is an ACS-verified Level I Trauma Center.20 DHR Health in Edinburg also runs a Level 1 center.21
  3. Take photos of the crosswalk, signals, street lights and any bus stop.
  4. Get the report. Call (956) 681-2080, then buy it through TxDOT for $6, or $8 certified.222324
  5. Look at your own auto policy, even though you were on foot. Uninsured motorist coverage is included in Texas unless it was rejected in writing.25

Can I claim against the City of McAllen after a walking crash?

Maybe, if a Metro McAllen bus or a city vehicle hit you. Metro McAllen is a city department.26 The notice deadline under state law is six months, and a city rule can set less.27 We could not confirm a shorter McAllen rule, so ask the city before you count on six months. Risk Management is at 1300 Houston Ave., City Hall, 1st Floor, (956) 681-1410.28

McAllen's claim form is online.29 A Spanish version, Aviso de Reclamo, has a Lesiones Personales option.30 It asks you to describe, in your own words, where, when and how you were hurt.31 Write it carefully and keep a copy.

When should you call a pedestrian accident lawyer in McAllen?

  • You went to the hospital, or you have a head, spine or leg injury.
  • The driver or insurer says you walked out suddenly.
  • The report leaves out witnesses, or gets the place wrong.
  • A bus, a city vehicle or a commercial truck was involved.
  • The driver left. Hit-and-run rules are different, and you should move fast.

Questions

Can a pedestrian sue if hit by a car in McAllen?

Yes, if the driver was careless. You must be 50 percent or less at fault to recover.15

What if I was not in a crosswalk?

You must yield to cars there,14 but drivers must still use care to avoid you.3

How many people on foot are hurt in McAllen?

From 2018 to 2023, 43 of 380 pedestrians in crashes were killed or seriously hurt.1

How long do I have to file?

Generally 2 years to sue.4 A child's clock usually waits until 18.32

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McAllen

Hit while walking or biking

Texas

Sources

  1. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Pedestrian 380 43 11%”
  2. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “FSI crashes involving people walking occur at a higher rate outside of intersections.”
  3. 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;”
  4. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  5. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Motor Vehicle 38,327 218 1%”
  6. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Bicycle 125 9 7%”
  7. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “crossed the street away from an intersection and was struck by the driver of a vehicle in the roadway”
  8. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Principal arterial roads were dangerous for all modes but were much more dangerous for non-motor vehicle crashes, particularly for people walking and motorcyclists.”
  9. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “The 10th Street intersections had 73 total crashes and 4 FSI crashes, all of which included a”
  10. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “I1 Pecan Blvd & N 21st St 6 2 4 12 I2 Nolana Ave & N 10th St 5 3 4 12 I3 Hwy 83 & 16th St 6 2 4 12 I4 Cedar Ave & N Bicentennial Blvd 5 3 4 12”
  11. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “nighttime conditions are overrepresented in FSI crashes, particularly for pedestrian and freight crashes”
  12. 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.”
  13. 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”
  14. 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”
  15. 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”
  16. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “crossing the street at the intersection in the crosswalk and was struck by the driver of a vehicle turning left.”
  17. 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”
  18. 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:”
  19. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “vehicle turning right struck a bicyclist traveling straight through the intersection.”
  20. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  21. DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
  22. McAllen Police Department, FAQ, checked 2026-11-08. “inquiry on the status of your report at (956) 681-2080”
  23. McAllen Police Department, Police Records, checked 2026-11-08. “Our crash reports are uploaded to this system.”
  24. McAllen Police Department, FAQ, checked 2026-11-08. “All accident reports are $6.00 dollars and certified copies of accident reports are $8.00 dollars.”
  25. Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”
  26. City of McAllen, Risk Management, checked 2026-11-08. “McAllen Public Utility Metro McAllen Municipal Court”
  27. 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”
  28. City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
  29. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Property Damage Personal Injury”
  30. City of McAllen Risk Management, Aviso de Reclamo, checked 2026-11-08. “Daños a la Propiedad .. Lesiones Personales”
  31. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “describe in your own words where , when , and how the damage or injury occurred”
  32. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”

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