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Pedestrian accidents in McKinney, Texas can change your life in seconds. One moment you are walking along US-380 near Adriatica Village, crossing a busy intersection on Virginia Parkway, or strolling through the historic downtown square, and the next you are on the ground with serious injuries caused by a driver who failed to pay attention. If that happened to you or someone you love, you need to know your rights, and you need to know them now. The attorneys at Chandler Ross Injury Attorneys, located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205, represent injured pedestrians throughout the McKinney and North Texas area. Call us at (940) 800-2500 for a free consultation.
Table of Contents
- Why McKinney Pedestrian Accidents Are So Dangerous and So Common
- Texas Laws That Protect Pedestrians and Define Driver Duties
- What Compensation Can a McKinney Pedestrian Accident Victim Recover?
- How Texas Comparative Fault Rules Affect Your Pedestrian Accident Claim
- The Filing Deadline for McKinney Pedestrian Accident Claims in Texas
- What to Do After a Pedestrian Accident in McKinney, Texas
- FAQs About McKinney Pedestrian Accident Lawyers
Why McKinney Pedestrian Accidents Are So Dangerous and So Common
McKinney is one of the fastest-growing cities in the entire country. More people means more cars, more development, and more foot traffic on roads that were not always designed with pedestrians in mind. Busy corridors like US-75 (Central Expressway), US-380 (University Drive), and Eldorado Parkway see thousands of vehicles daily, and pedestrians who cross or walk near these roads face real danger.
Pedestrians are involved in only one percent of traffic crashes in Texas, yet they account for 19 percent of all roadway fatalities. That gap tells you everything about how exposed a person on foot really is. In 2024, there were 6,095 crashes involving pedestrians across the state, resulting in 772 deaths and another 1,455 serious injuries.
McKinney’s rapid growth brings more vehicles to intersections near Stonebridge Ranch, the Shops at Watters Creek corridor, and the neighborhoods along Custer Road. Drivers distracted by phones, speeding through yellow lights, or failing to check crosswalks put every person on foot at risk. When a two-ton vehicle strikes a person with no protection, the results are almost always catastrophic, including broken bones, traumatic brain injuries, spinal damage, and worse.
The top factors contributing to traffic crashes in Texas involving pedestrians include drivers failing to yield the right-of-way to pedestrians and pedestrians failing to yield to vehicles. In most of the cases we see, a driver was at fault. If a driver’s negligence caused your injuries, Texas law gives you the right to pursue compensation. The personal injury lawyers at Chandler Ross Injury Attorneys are ready to fight for you.
Texas Laws That Protect Pedestrians and Define Driver Duties
Texas law places clear legal duties on drivers when it comes to pedestrians. Understanding these laws is the foundation of any pedestrian accident claim, because your ability to recover compensation depends on proving that a driver violated one of these duties.
Under Texas Transportation Code Section 552.003, a driver must stop and yield the right-of-way to a pedestrian crossing in a crosswalk when no traffic control signal is in place and the pedestrian is on the driver’s half of the roadway or approaching closely enough to be in danger. That same statute also prohibits a driver approaching from the rear of a stopped vehicle at a crosswalk from passing that stopped vehicle, which is a common cause of pedestrian accidents at McKinney intersections.
Texas Transportation Code Section 552.008 goes further. It requires every driver to exercise due care to avoid colliding with a pedestrian on any roadway, to sound the horn when necessary, and to take proper precautions when a child or obviously confused person is present. This is a broad, affirmative duty that applies everywhere, not just at crosswalks.
Texas Transportation Code Section 545.428 addresses crosswalk collisions directly. Under that statute, a driver who operates a vehicle in a crosswalk area and causes bodily injury to a pedestrian through criminal negligence commits a Class A misdemeanor. If the pedestrian suffers serious bodily injury, the offense becomes a state jail felony. A criminal charge against the driver is strong evidence of fault in your civil injury claim.
Texas Transportation Code Section 552.001 also governs traffic signals as they apply to pedestrians. A pedestrian facing a green signal may cross within a marked or unmarked crosswalk, while a pedestrian facing a steady red or yellow signal may not enter the roadway. These rules cut both ways, and knowing them helps build or defend a claim.
What Compensation Can a McKinney Pedestrian Accident Victim Recover?
Texas law allows injured pedestrians to pursue compensation for every harm caused by a negligent driver. The damages available fall into two main categories: economic damages and non-economic damages.
Economic damages cover your out-of-pocket losses. These include all past and future medical bills, from emergency room treatment and surgery to physical therapy and long-term care. They also include lost wages from work you missed while recovering, and lost earning capacity if your injuries prevent you from returning to your previous job or working at the same level as before.
Non-economic damages compensate you for harms that do not come with a receipt. Physical pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement all qualify. Pedestrian accident injuries are often severe enough that these non-economic losses are substantial. A person who suffers a traumatic brain injury or permanent disability after being struck near the McKinney National Airport corridor or on a busy stretch of Virginia Parkway may face a lifetime of challenges that go far beyond medical bills.
Texas also follows a modified comparative fault rule under the Texas Civil Practice and Remedies Code. Under this rule, your compensation is reduced by your percentage of fault. However, if you are found to be 51 percent or more responsible for the accident, you cannot recover anything. Insurance companies routinely try to shift blame onto injured pedestrians, arguing that you were jaywalking or not paying attention. That is exactly why having an experienced attorney on your side matters. At Chandler Ross Injury Attorneys, we push back on those tactics and fight to protect your full recovery.
If a pedestrian accident results in death, the surviving family members may have a wrongful death claim under Texas Civil Practice and Remedies Code Section 16.003(b). Spouses, children, and parents of the deceased can seek compensation for their own losses, including grief, loss of companionship, and financial support.
How Texas Comparative Fault Rules Affect Your Pedestrian Accident Claim
Texas uses a modified comparative fault system, and insurance companies use it aggressively against pedestrian accident victims. The basic idea is that if you share some blame for the accident, your compensation is reduced by your share of the fault. But if your share reaches 51 percent or more, you receive nothing at all.
Here is a real-world example. Say you were crossing US-380 near the Collin County area and a driver ran a red light and hit you. The driver was clearly negligent. But the insurance company claims you stepped off the curb a second early, making you 20 percent at fault. Under Texas law, your total damages would be reduced by 20 percent. If your damages totaled $200,000, you would recover $160,000.
Now consider what happens if the insurance adjuster pushes that number to 51 percent. Suddenly you recover nothing. This is not a hypothetical, it is a strategy that insurers use every day. They look for any reason to argue the pedestrian shares the blame, whether it is the color of your clothing, your phone use, or the exact location where you were crossing.
Texas Transportation Code Section 545.428 provides an affirmative defense for drivers if the pedestrian was violating a traffic law at the time of the crash. This is another reason why the facts of your case matter so much. Gathering surveillance footage, witness statements, and the official Texas Peace Officer’s Crash Report (CR-3 form) as quickly as possible is critical. Statistics and crash data are generated from data provided by TxDOT’s Crash Records Information System (CRIS), and that same system captures the details of your crash in a way that can support your claim.
The attorneys at Chandler Ross Injury Attorneys know how to counter fault-shifting arguments. We investigate your accident thoroughly and build a case that accurately reflects what happened. Call us at (940) 800-2500 to talk through your situation.
The Filing Deadline for McKinney Pedestrian Accident Claims in Texas
Texas law sets a firm deadline for filing a pedestrian accident lawsuit, and missing it almost always means losing your right to any compensation, no matter how strong your case is.
The statute of limitations for most personal injury claims in Texas is two years from the date of the accident or injury. This rule comes from Texas Civil Practice and Remedies Code Section 16.003, which requires an injured person to bring suit no later than two years after the day the cause of action accrues.
The clock starts on the day of the accident. It does not pause while you are recovering in the hospital. It does not pause while you are negotiating with an insurance adjuster. It keeps running whether you are aware of it or not. Two years can pass quickly, especially when you are focused on medical treatment and recovery.
There are limited exceptions. Texas tolls the statute of limitations for individuals under 18 years old and people who are mentally incapacitated or of unsound mind when the cause of action accrues. For most personal injury cases involving a minor, the two-year limitations period does not begin until the child’s 18th birthday.
There is also an important separate deadline if a government entity is involved. If a city vehicle, a county truck, or a municipal bus struck you, the Texas Tort Claims Act requires you to provide formal written notice to the government entity within six months of the incident. Missing that notice deadline can bar your claim entirely, even if the two-year statute has not yet run.
Do not wait to get legal help. The sooner you contact Chandler Ross Injury Attorneys, the more time we have to gather evidence, identify witnesses, and build the strongest possible case for you. Call (940) 800-2500 today.
What to Do After a Pedestrian Accident in McKinney, Texas
The steps you take immediately after a pedestrian accident have a direct impact on your health and on the strength of your legal claim. Here is what to do.
Call 911 right away. Even if you feel okay in the moment, adrenaline can mask serious injuries. A police officer will respond and complete a Texas Peace Officer’s Crash Report (CR-3 form), which is the official document that records how the accident happened, who was involved, and what witnesses said. Information in that report represents reportable data collected from Texas Peace Officer’s Crash Reports (CR-3) received and processed by the Texas Department of Transportation. That report becomes a key piece of evidence in your claim.
Get medical attention immediately, even if you are transported by ambulance or go on your own afterward. Traumatic brain injuries, internal bleeding, and spinal injuries often do not produce obvious symptoms right away. A medical record created the day of the accident documents your injuries and connects them to the crash. Gaps in treatment give insurance companies ammunition to argue your injuries were not serious or were caused by something else.
If you are physically able, document the scene. Take photos of the vehicle that struck you, the crosswalk or road where the accident happened, any traffic signals, and your visible injuries. Collect names and contact information for any witnesses. Look around for businesses or traffic cameras near the intersection, such as those you might find along the busy commercial strips near Stonebridge Ranch Blvd or the Town Center area.
Do not give a recorded statement to the driver’s insurance company before speaking with an attorney. Adjusters are trained to ask questions in ways that get you to say things that reduce your claim. Contact Chandler Ross Injury Attorneys at (940) 800-2500 before you talk to anyone from the insurance company. Our firm serves clients throughout McKinney, Collin County, and the surrounding North Texas region. The initial consultation is free, and we handle pedestrian accident cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
FAQs About McKinney Pedestrian Accident Lawyers
Do I have a case if I was hit by a car while crossing outside a crosswalk in McKinney?
Possibly, yes. Texas law does require pedestrians to use crosswalks in certain areas, and crossing outside a crosswalk can affect your percentage of fault under the state’s comparative fault rules. However, drivers still owe a duty of care to all pedestrians under Texas Transportation Code Section 552.008, which requires every driver to exercise due care to avoid colliding with a pedestrian on any roadway. If the driver was speeding, distracted, or impaired, you may still recover compensation even if your own fault is assigned a percentage. The key is that your fault must be less than 51 percent. An attorney can review the specific facts of your accident and give you an honest assessment of your claim.
How long does a McKinney pedestrian accident lawsuit take to resolve?
The timeline varies significantly depending on the severity of your injuries, whether liability is disputed, and how the insurance company responds. Some claims settle within a few months when liability is clear and injuries are well-documented. Others, particularly those involving catastrophic injuries like traumatic brain damage or permanent disability, may take a year or more to resolve, especially if a lawsuit is filed and the case proceeds through discovery and trial preparation. Reaching maximum medical improvement before settling is important, because once you settle, you cannot go back and ask for more money if your condition worsens. Your attorney can help you understand the realistic timeline for your specific situation.
What if the driver who hit me does not have insurance?
This is a real problem in Texas, and it does not leave you without options. If the at-fault driver is uninsured, your own auto insurance policy may include uninsured motorist (UM) coverage, which can pay for your injuries even though you were on foot when the accident happened. Pedestrians can make UM claims under their own policies in Texas. If the driver fled the scene, the same UM coverage may apply. You should also check whether any other party, such as a property owner or a government entity responsible for a dangerous road condition, contributed to the accident. An attorney can help you identify every available source of recovery.
Can I still recover compensation if I was partially at fault for the pedestrian accident?
Yes, as long as your share of the fault is less than 51 percent. Texas follows a modified comparative fault rule under the Texas Civil Practice and Remedies Code. Your total compensation is reduced by whatever percentage of fault is assigned to you. For example, if you are found 25 percent at fault and your damages total $100,000, you would recover $75,000. Insurance companies often try to inflate a pedestrian’s percentage of fault to reduce or eliminate what they have to pay. Having an attorney who can challenge those fault assignments with evidence, witness testimony, and expert analysis makes a real difference in the outcome of your case.
What does it cost to hire Chandler Ross Injury Attorneys for a pedestrian accident case?
Chandler Ross Injury Attorneys handles pedestrian accident cases on a contingency fee basis. That means you pay no attorney’s fees upfront and no fees at all unless we recover compensation for you. Your first consultation is free. We believe that every injured person in McKinney and across North Texas deserves access to quality legal representation, regardless of their financial situation. If you were hurt in a pedestrian accident, call us at (940) 800-2500 or visit our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205 to get started. The responsible attorney for this content is located at our principal office in Denton, Texas.
