El Paso averages dozens of pedestrian fatalities and hundreds of injuries each year, concentrated downtown and along Alameda Avenue, Dyer Street, and Mesa Street. Crashes involving pedestrians often trigger high-dollar liability claims.
Liability rules
Texas Transportation Code requires drivers to yield to pedestrians in crosswalks and at unmarked intersections. Pedestrians are required to yield when crossing outside crosswalks. Fault depends on right-of-way and 51% comparative negligence applies.
Coverage that pays
- Your bodily injury liability pays the pedestrian's medical bills and damages up to your limit
- PIP can pay your own injuries (e.g., from swerving) and Texas PIP actually extends to certain pedestrians struck by the insured vehicle
- MedPay similarly extends
- Umbrella coverage is critical — pedestrian injury claims routinely exceed standard auto policy limits
Why higher limits matter
Pedestrian injury claims regularly exceed $500,000. State minimum 30/60/25 will not come close. We recommend 100/300/100 minimum plus a $1M umbrella for any Texas driver.
Frequently asked questions
Who is at fault if a pedestrian was jaywalking?
Comparative fault applies. The pedestrian's share reduces their recovery. If they're 51% or more at fault, no recovery from the driver.
Does PIP cover pedestrians?
Texas PIP can extend to pedestrians struck by the insured vehicle. Coverage limits depend on the policy.
What limits should I carry to protect against a pedestrian claim?
We recommend 100/300/100 minimum plus a $1M umbrella. Pedestrian injuries routinely exceed standard policy limits.
Will my insurer hire an attorney for me?
Yes — liability coverage includes defense costs in addition to policy limits.
Can I be sued personally above my coverage?
Yes. Any judgment above your policy limit is your personal responsibility. Umbrella coverage is the fix.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.