Texas Law States: How Crosswalk Pedestrian Accidents Are Handled
In Texas, a driver who causes bodily injury to a pedestrian in a marked or unmarked crosswalk can face criminal charges under the Lisa Torry Smith Act, a state jail felony if the injury is serious, in addition to any civil claim for compensation. Tennessee does not have a comparable crosswalk-specific criminal statute, handling these crashes through its ordinary right-of-way and due-care rules instead. Both frameworks still leave room for a full civil recovery when a driver’s negligence causes the crash.
Texas adds a criminal layer. Under Texas Transportation Code § 545.428, a driver who operates a vehicle with criminal negligence in a crosswalk and causes bodily injury commits a Class A misdemeanor, or a state jail felony if the injury is serious. The statute provides an affirmative defense if the pedestrian was violating crosswalk law at the time.
Tennessee keeps it civil. Under Tenn. Code Ann. § 55-8-134, drivers must yield to pedestrians already in a crosswalk, and § 55-8-136 requires due care to avoid colliding with any pedestrian, but violations are addressed through civil liability rather than a dedicated criminal crosswalk statute.
TL;DR
A pedestrian accident in a crosswalk can trigger criminal charges against the driver in one state but not the other, though a civil claim for compensation runs on its own separate track regardless of what happens criminally. Texas treats crosswalk collisions as a potential crime as well as a civil matter, while Tennessee handles them purely through civil right-of-way and due-care rules.
Pedestrian accidents in a crosswalk carry different consequences depending on where the crash happens. In Texas, a driver who causes bodily injury to a pedestrian in a crosswalk can face criminal charges under the Lisa Torry Smith Act, a state jail felony if the injury is serious, separate from any civil claim. Tennessee has no equivalent crosswalk-specific criminal statute, relying instead on its pedestrian right-of-way and due-care rules. This post covers how that criminal-versus-civil distinction actually affects your claim and what jaywalking does to fault. For a broader look at fault and liability across all crash types, see our motor vehicle accidents guide.
Why a Criminal Charge Doesn’t Decide Your Pedestrian Accident Claim
Whether a driver gets criminally charged after hitting a pedestrian in a Texas crosswalk depends heavily on the local district attorney’s charging decisions, and prosecutors have handled Lisa Torry Smith Act cases very differently from county to county. That means the outcome of any criminal case, or the decision not to pursue one at all, doesn’t determine whether you have a valid civil claim.
Your civil claim for medical bills, lost wages, and pain and suffering proceeds on its own track under ordinary negligence principles, regardless of what a prosecutor decides. The Texas Legislature’s bill analysis for the Lisa Torry Smith Act makes clear that the criminal offense exists alongside, not in place of, a driver’s civil liability. In both Texas and Tennessee, being partly at fault, such as crossing outside a marked crosswalk, reduces your recovery under modified comparative fault rather than eliminating your claim outright, as long as your share of fault doesn’t exceed the state’s bar.
What to Do After a Pedestrian Accident
- Call 911 and get an official police report, since it documents the crosswalk markings, signal status, and driver’s account.
- Photograph the crosswalk, any traffic signals, and the vehicle’s position before anything is moved, if it’s safe to do so.
- Get witness contact information, since eyewitness accounts often matter more in pedestrian cases than in typical vehicle collisions.
- Seek medical care promptly, even if injuries seem minor at first.
- Don’t assume the absence of criminal charges means you don’t have a valid civil claim.
- Keep copies of any citation or police report update, since these can take weeks to finalize and may affect your claim.
- Contact an attorney early, since your civil case moves on a separate timeline from any criminal investigation.
Acting quickly matters because crosswalk signal timing, traffic camera footage, and witness memories are easiest to document right after the crash, before any criminal case even begins. Waiting to see whether charges get filed can mean losing access to evidence your civil claim needs.
What This Means for Your Pedestrian Accident Claim
A pedestrian accident claim doesn’t rise or fall on whether a driver faces criminal charges. Texas layers a criminal statute on top of civil liability for crosswalk crashes, while Tennessee addresses them purely through civil right-of-way rules, but in both states your compensation claim runs independently and on its own timeline. If you’re still working through fault and liability questions more broadly, our motor vehicle accidents guide covers how Texas and Tennessee approach car accident claims overall.
This content is for informational purposes only and does not constitute legal advice. Contact Culpepper Law Group for guidance specific to your situation.
Take This Step: Get Help From a Houston or Memphis Pedestrian Accident Lawyer
Recovering from a pedestrian accident is hard enough without wondering whether a criminal case will ever move forward. As a personal injury lawyer team, Culpepper Law Group offers a free consultation to review your accident and pursue your civil claim regardless of what happens criminally. Our Stafford, Texas office serves the greater Houston area, and our Memphis, Tennessee office handles claims across that region. You pay nothing unless we win your case. Reach out today so we can start protecting your claim.
Frequently Asked Questions
1. Does the driver have to be criminally charged for me to file a civil claim?
No, your civil claim for compensation doesn’t depend on whether prosecutors file criminal charges.
2. How much does it cost to hire a pedestrian accident lawyer in Texas or Tennessee?
Culpepper Law Group works on contingency, so there’s no upfront cost, and you pay nothing unless we recover compensation for you.
3. Does jaywalking outside a crosswalk automatically mean I can’t recover damages?
No, it can reduce your recovery under modified comparative fault, but it doesn’t automatically bar your claim unless your share of fault is too high.
4. What if the crosswalk didn’t have a traffic signal?
Both marked and unmarked crosswalks at intersections carry legal protections for pedestrians in Texas and Tennessee, even without a signal.
5. Can I still recover if the driver claims they didn’t see me?
A driver’s failure to see a pedestrian doesn’t excuse the duty to exercise due care, and it’s often evidence of negligence rather than a defense.
Key Takeaways
- Whether a driver faces criminal charges doesn’t determine whether you have a valid civil claim for a pedestrian accident.
- Texas allows criminal charges under the Lisa Torry Smith Act for causing bodily injury to a pedestrian in a crosswalk, up to a state jail felony for serious injury.
- Tennessee handles crosswalk collisions through its civil right-of-way statute, Tenn. Code Ann. § 55-8-134, and due-care requirement under § 55-8-136.
- Jaywalking outside a crosswalk can reduce your recovery under modified comparative fault but doesn’t automatically eliminate your claim.
- Documentation gathered right after the crash matters more than the outcome of any separate criminal case.
