# Consequences of Hitting a Pedestrian in Texas | Attorney Brian White ![Consequences for Hitting a Pedestrian in Texas](https://attorneybrianwhite.com/wp-content/uploads/2017/08/Consequences-for-Hitting-a-Pedestrian-in-Texas-300x207.jpg) [Texas](https://www.texas.gov/) is not one of the safest states for pedestrians. In 2016, a total of [678 pedestrians died](https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2016/01.pdf) in the Lone Star State. This is an increase of 21.5% from 2015. Motorists, pedestrians, and third parties have been at fault for these accidents in the past. In the event that a motorist strikes a pedestrian and causes injury or death, the driver may face civil and/or criminal consequences depending on liability. Speak to an attorney if you find yourself in this situation in [Harris County](https://www.harriscountytx.gov/). ## Criminal Penalties The circumstances of the [pedestrian accident](https://attorneybrianwhite.com/houston-tx/pedestrian-accident-lawyer/) will decide whether the driver is guilty of criminal acts. Some pedestrian collisions stem from pure negligence, while others result from gross negligence or intent to harm. If the driver broke the law in any way that contributed to the crash, he or she could end up in the criminal courts. Examples include driving while intoxicated, engaging in a hit-and-run, or reckless driving. The courts will consider these behaviors criminal if they resulted in the injury or death of another person. Criminal penalties for hitting a pedestrian can range from community service to jail time depending on the severity of the wrongdoing and its effects on the injured party. Drivers may face hefty fines and permanent criminal records. Some drivers could end up with “vehicular manslaughter” convictions and several years in prison. The state brings criminal charges against a driver, not the injured party or surviving family. It is up to the state to prosecute a driver after striking a pedestrian if the state believes the driver is guilty of some crime relating to the accident. The driver may receive notice of a civil case filed against him or her at the same time as an ongoing criminal investigation. The state of Texas allows both types of cases to exist simultaneously. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Civil Repercussions The injured pedestrian or surviving family members after a [wrongful death](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/) may bring civil charges against the driver through the county courts. A civil claim serves to reimburse the injured party for his/her losses, while a criminal case aims to punish the offender for wrongdoing. As a defendant in a civil claim, a driver may have to pay substantial attorney’s fees and other out-of-pocket expenses. The driver or his/her insurance company, if found at fault, will then have to compensate the plaintiff in the amount the court deems appropriate. An at-fault driver in a civil lawsuit may have to pay for the injured pedestrian’s medical bills, missed work, pain and suffering, emotional distress, and lifelong care if necessary. A defendant may also have to pay “treble damages” for bad behavior – additional amounts meant to punish the defendant for egregious acts that contributed to the plaintiff’s harms. There is a damage cap that limits the amount of recovery to a maximum of $200,000 for exemplary damages, including punitive damage awards. If the driver cannot afford to pay out the compensation award, he or she may have to declare bankruptcy. This can have lasting effects on the individual’s finances and credit score. Anyone involved in a pedestrian collision in Texas should retain an experienced attorney for legal counsel. ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Pedestrian Accidents Blog Posts: [![Person in Wheelchair Struck, Killed While Crossing Holmes Road in Houston](https://attorneybrianwhite.com/wp-content/uploads/2020/09/Person-in-Wheelchair-Struck-Killed-While-Crossing-Holmes-Road-in-Houston--300x200.jpg)](https://attorneybrianwhite.com/blog/person-in-wheelchair-struck-and-killed-while-crossing-holmes-road-in-houston/) [Person in Wheelchair Struck and Killed While Crossing Holmes Road in Houston](https://attorneybrianwhite.com/blog/person-in-wheelchair-struck-and-killed-while-crossing-holmes-road-in-houston/) Just before 6:00 a.m., a person in a wheelchair crossing a street in southeast Houston died after being struck by a [Pastor Fatally Struck on Sherman Highway While Helping Stranded Motorist](https://attorneybrianwhite.com/blog/pastor-fatally-struck-on-sherman-highway-while-helping-stranded-motorist/) In a tragic accident on July 18, 2020, Houston-area pastor John Powell was struck and killed by a semi-truck as he [![Pedestrians in Texas – Walking the Streets Safely](https://attorneybrianwhite.com/wp-content/uploads/2022/11/Pedestrians-in-Texas-–-Walking-the-Streets-Safely-300x200.jpg)](https://attorneybrianwhite.com/blog/pedestrians-in-texas-walking-the-streets-safely/) [Pedestrians in Texas: Walking the Streets Safely](https://attorneybrianwhite.com/blog/pedestrians-in-texas-walking-the-streets-safely/) Houston, Texas is home to nearly 2.3 million people. With such a large population, the streets are consistently [![Pedestrian Laws in Texas You Need to Know](https://attorneybrianwhite.com/wp-content/uploads/2018/12/Pedestrian-Laws-in-Texas-You-Need-to-Know-300x200.jpg)](https://attorneybrianwhite.com/blog/pedestrian-laws-in-texas/) [Pedestrian Laws in Texas](https://attorneybrianwhite.com/blog/pedestrian-laws-in-texas/) The 2017 Houston-Galveston Area Council’s Mobility Report showed an increase in crashes involving bicyclists and --- Source: https://attorneybrianwhite.com/blog/consequences-of-hitting-a-pedestrian-in-texas/