What Happens When a Driver Hits a Pedestrian in a Crosswalk and Flees?

A pedestrian lying injured in a marked crosswalk in Houston while a car drives away, with the walk signal illuminated to indicate it was safe to cross.

A Houston man recently lost his life after being hit by a silver-colored Toyota Camry on Lockwood Drive's 5000 block in Houston. The incident occurred approximately 3:55 a.m. while the pedestrian was using a designated crosswalk. Officials from the Houston Police Department have launched an investigation into the collision. The Harris County Institute of Forensic Sciences will confirm the deceased individual's name, city officials stated

According to witness accounts, the motorist circled back briefly following a U-turn near Rand Street before departing without providing assistance to the victim. Emergency responders with Houston's Fire Department reached the location and pronounced the man deceased, according to statements from the HPD Vehicular Crimes Division provided through city communications.

What duties does a driver have after hitting a pedestrian?

In every state, drivers have a legal duty to stop after a crash that results in injury, death, or property damage. That duty exists even if the driver believes the pedestrian caused the collision or appears only mildly injured. The law places special emphasis on collisions with pedestrians because they are unprotected and far more likely to suffer serious harm.

Once a driver strikes a pedestrian, they are typically required to:

  • Stop immediately and remain at or near the scene until they have fulfilled their legal obligations.
  • Provide their name, contact details, and insurance information to the injured person and responding officers.
  • Take reasonable steps to secure medical help, usually by calling 911 and staying until emergency responders arrive.

“Rendering aid” doesn't mean the driver must perform medical procedures, but they must not abandon an injured person without trying to get help. Leaving temporarily to summon emergency services in a truly isolated area is treated very differently from fleeing to avoid responsibility, especially if the driver returns promptly and cooperates.

The digital paper trail: Why we act fast

Houston is blanketed in cameras, but they don't record forever. In hit-and-run pedestrian cases, we look for:

  • METRO bus footage: If a city bus was nearby, its cameras may have captured the fleeing vehicle.
  • TxDOT & city traffic cameras: Identifying the Toyota’s path of travel via intersection cameras.
  • Commercial security footage: Nearby gas stations and warehouses on Lockwood often have high-resolution feeds that can catch a partial license plate.
  • Doorbell cameras: In residential areas, Ring and Nest cams are often the "star witness" in identifying a silver Camry or similar vehicle.

What criminal consequences can hit-and-run drivers face?

When a driver leaves the scene after hitting a pedestrian in a crosswalk, they can face separate criminal charges for the act of fleeing, apart from any charges related to causing the crash. In many states, a hit-and-run that causes injury is a serious misdemeanor or felony, and a hit-and-run involving death is almost always charged as a felony.

Potential penalties can include substantial fines, probation, court-ordered classes, and years in prison for cases involving serious injury or death. Drivers may also face related charges such as DUI, reckless driving, or vehicular homicide if they were speeding, impaired, or driving in an extremely dangerous manner. A felony hit-and-run conviction can affect immigration status, professional licenses, and employment prospects because it creates a permanent criminal record.

What civil liability does a fleeing driver face?

Even if criminal charges are never filed or don't result in a conviction, the driver can be sued in civil court by the injured pedestrian or the family of someone who is killed. Civil cases focus on compensation rather than punishment and use a lower burden of proof, so they often proceed independently of criminal proceedings.

To recover compensation, the pedestrian or family generally must show that the driver was negligent. Which means the driver failed to use reasonable care, such as by:

  • Failing to yield to a pedestrian lawfully in a crosswalk.
  • Speeding, driving distracted, or ignoring traffic signals.
  • Driving while impaired by alcohol or drugs.

Available damages can include medical bills, future treatment, lost income, reduced earning capacity, and pain and suffering. In fatal cases, wrongful death claims may seek funeral costs, loss of financial support, and loss of companionship for surviving family members.

What happens if the driver is never identified?

Sadly, many hit-and-run drivers are never found, leaving families grieving without a clear person to hold accountable. Even then, there are often other paths to financial recovery, though they vary depending on the pedestrian’s insurance and state law.

In many cases, injured pedestrians or the families of those killed can pursue compensation through:

  • Uninsured motorist (UM) coverage on their own auto policy, which can apply even when the at‑fault driver is unknown, if policy terms are met.
  • Personal injury protection (PIP) or medical payments coverage to help with immediate medical expenses regardless of fault.
  • State crime‑victim compensation funds that may help with medical bills, counseling, or funeral expenses, subject to strict limits and eligibility rules.

Because these options often involve short deadlines and complex rules, speaking with an experienced injury lawyer early is usually important to avoid missing coverage or filing windows. On the emotional side, families in unresolved cases often face added trauma from the lack of closure and may turn to counseling or advocacy for safer streets and stronger hit‑and‑run enforcement as part of their healing process.

Did you know? Your own car insurance protects you on foot

In Texas, if you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your personal auto policy, it typically "follows" you. This means if you are struck by a hit-and-run driver while walking in a Houston crosswalk, you can file a claim against your own insurance company to cover your medical bills and pain and suffering. At Smith & Hassler, we help clients navigate these "first-party" claims to ensure their own insurers treat them fairly.

Frequently asked questions: Houston pedestrian laws

Does a pedestrian always have the right of way in a Houston crosswalk?

According to Texas Transportation Code § 552.003, if there is no traffic signal, a driver must yield the right of way to a pedestrian in a crosswalk when the pedestrian is on the half of the roadway the vehicle is traveling on. However, the law also states a pedestrian cannot suddenly leave a curb and walk into the path of a vehicle that is so close it is impossible for the driver to yield.

What if I was hit just outside the white lines of the crosswalk?

Insurance companies will try to use this to deny your claim, but "implied" crosswalks exist at most intersections. Even if you weren't perfectly between the lines, a driver still has a universal duty to exercise "due care" to avoid hitting a pedestrian.

What is the "Hit-and-Run" reward program in Houston?

Houstonians can often report information anonymously through Crime Stoppers of Houston. If your tip leads to a felony arrest, you may be eligible for a cash reward. Legally, an arrest also provides a "deposition" point to hold the driver accountable in a civil case.

What should pedestrians and drivers do after a crosswalk crash?

If you're hit by a car, immediate safety and medical care come first. If you're able, move out of traffic, call 911, and try to observe details about the vehicle, such as make, model, color, partial license plate, and the direction of travel. Taking photos of the crosswalk, signals, and surroundings, and asking witnesses to share contact information or video footage from phones, dashcams, or doorbell cameras can help preserve key evidence.

In the hours and days that follow, get thorough medical evaluations, follow treatment plans, and obtain a copy of the police report. Avoid giving recorded statements to any insurance company before seeking legal advice, because insurance companies may use those statements to reduce your compensation. Keeping organized records of medical bills, lost work, and communications makes it easier to document losses later.

Since 1989, Smith & Hassler has stood by the people of Houston. We don't just wait for the police to find the driver; we launch our own investigation to get the answers your family deserves. We provide the relentless legal representation required to secure the maximum compensation you deserve. Don’t wait for the insurance company to decide what your case is worth. Get help from an experienced Houston pedestrian accident lawyer.

We offer a free, no‑obligation consultation and handle cases on a contingency fee basis, which means you pay nothing unless we win your case. Contact us today to schedule your free consultation.

“The attorney who helped me was very knowledgeable, quick to respond to my e-mails, answered all of my questions in detail, and just made the whole process so easy and convenient for me. He worked very hard through my entire case to ensure that I would be taken care of, and I am very thankful for his help.” – J.B., ⭐⭐⭐⭐⭐

Houston Secures $29 Million to Fix One of Its Deadliest Streets

 

A line of cars driving down Bissonnet Street in Houston, TX.

Bissonnet Corridor to Undergo Safety Overhaul After Years of Tragedy

Houston has taken a significant step toward addressing one of its most dangerous roadways. City leaders recently approved nearly $29 million in federal funding to overhaul a seven-mile stretch of Bissonnet Street, a corridor that has recorded more fatal crashes than any other city-owned street in Houston.

For any Houston car accident lawyer who regularly handles serious injury and wrongful death cases, Bissonnet has long stood out as a clear example of how dangerous road design and congestion can turn everyday travel into a life-altering risk.

The funding comes from the U.S. Department of Transportation’s Safe Streets and Roads for All program, with the City of Houston contributing an additional $7 million to meet local match requirements. The project, known as the Bissonnet Corridor Safe Streets and Roads Project, runs from South Dairy Ashford Road to Hillcroft Avenue and is scheduled for completion in 2028.

For people who live, work, or commute through southwest Houston, this investment reflects a long-overdue acknowledgment of how dangerous the corridor has become.

Why Has Bissonnet Street Been So Dangerous?

Bissonnet is a heavily traveled east-west artery serving drivers, Metro bus riders, cyclists, and pedestrians. Over the years, traffic volume has increased while infrastructure lagged behind. The result has been congestion, limited visibility, poorly protected pedestrian crossings, and frequent interactions between vehicles and vulnerable road users.

According to Houston Public Works, no other city-owned street has seen more fatal crashes. That statistic is not abstract. It represents lives lost, families permanently changed, and a pattern of preventable harm. In fact, recent accidents include:

  • A crash earlier this month at Bissonnet St. and Alder Dr. reportedly left one person injured.
  • A pedestrian died in a fatal hit-and-run crash on Bissonnet near Rice Village in December, 2025.

Residents in the Alief area have raised concerns for years, noting that congestion alone does not explain the danger. Speeding, poor lighting, inadequate sidewalks, and unsafe crossings have created conditions in which serious crashes are more likely to occur.

What Will the $29 Million Project Change?

While the full project is expected to cost more than the grant alone, Houston will contribute $7 million in matching funds to help fund the work. The city has already completed a design concept report after extensive community feedback in 2024. Planned improvements include:

  • Widened sidewalks for pedestrian safety
  • Dedicated pedestrian islands at key intersections
  • Improved street lighting to enhance visibility
  • Traffic-calming features to reduce speed and reckless driving

These upgrades are designed not only to reduce collisions but to make Bissonnet a livable, accessible road for all users—whether they drive, walk, bike, or ride METRO.

Infrastructure Improvements Matter, But They Are Not a Cure-All

While projects like this can save lives, they do not erase responsibility when crashes happen. Even on improved roads, drivers are still required to obey traffic laws, watch for pedestrians, and operate their vehicles responsibly. Commercial drivers, delivery services, and rideshare operators must still be held to professional standards.

Houston’s traffic fatality numbers did not reach crisis levels because of infrastructure alone. They are also the result of:

When those choices lead to injury or death, the consequences extend far beyond the roadway.

What Does This Mean for Injured Houstonians?

For people injured on dangerous streets like Bissonnet, safety improvements come too late. Medical bills, lost income, and long-term physical limitations do not disappear just because funding is approved or construction is underway.

Serious crashes often raise difficult questions about fault, roadway design, driver behavior, and whether a collision could have been prevented. Those questions matter when injured people are left facing insurance companies that are quick to minimize harm or shift blame.

Houston’s roads are among the most dangerous in the nation. That reality makes accountability essential. Infrastructure investments can reduce future risk, but justice for injured Texans still depends on holding negligent drivers and responsible parties accountable when preventable crashes occur.

Our Houston Car Accident Lawyers Are Here To Help

The Bissonnet Corridor project is a meaningful investment in public safety, and it reflects long-overdue recognition that Houston’s traffic crisis demands real action. Residents have waited years to see one of the city’s deadliest streets treated with the seriousness it deserves.

But infrastructure improvements take time. For Houstonians who have already been injured on roads like Bissonnet, the consequences are immediate. Medical bills do not pause. Lost income does not wait for construction to finish. Accountability does not happen on its own.

That's where Smith & Hassler steps in. For more than 30 years, our law firm has fought for injured Texans and recovered over $1 billion by holding negligent drivers and responsible parties accountable.

This includes recoveries of over $3 million for a client injured in a motorcycle accident and $1.3 million for clients who were injured in an 18-wheeler collision. When safety failures cause serious harm, being passionate, professional, and prepared to win makes the difference.

If you or someone you love was hurt in a crash on Bissonnet or another dangerous Houston roadway, contact us for a free consultation. Our lawyers work on a contingency fee basis and are ready to help you pursue the justice you deserve.

"Smith and Hassler represented us in an injury case. They secured a settlement for us that was bigger than we ever thought possible." – N.G., ⭐⭐⭐⭐⭐

Houston Records Third-Highest Pedestrian Deaths in the Nation

A person wearing jeans and dark shoes walks across a bright white striped pedestrian crosswalk.

What's causing so many pedestrian crashes in Houston?

Houston had the third-highest number of pedestrian fatalities among cities nationwide in 2023, according to the most recent National Highway Traffic Safety Administration (NHTSA) data.

“We’ve known for a long time that Houston has a serious crash problem,” Robin Holzer, director of LINK Houston, a transportation advocacy group, said in an interview with Click 2 Houston about the recent pedestrian accident statistics.

Pedestrian accidents are on the rise

In recent years, the number of pedestrian fatalities in Houston and the surrounding area has continued to climb higher nearly every year. In 2023, there were 98 pedestrian deaths in Houston, making it the third-deadliest city for pedestrians that year. Only Los Angeles (145 deaths) and Phoenix (109 deaths) had more pedestrian fatalities in 2023, according to the most recent NHTSA pedestrian accident data.

And when you take into account the surrounding communities near Houston, the death toll is even more alarming. In Harris County, which includes Houston, there were 169 pedestrian deaths in 2023. That figure is less than the year before (177 pedestrian deaths in Harris County in 2022) but significantly higher compared to previous years, including 2019, when there were 119 pedestrian fatalities in Harris County, Texas, according to NHTSA data.

Pedestrian accident hotspots in Houston

While pedestrian accidents can happen anywhere at any time, certain streets and intersections in Houston have more incidents than others. A recent Washington Post study identified some of these pedestrian accident hot spots in Houston as part of a nationwide study of the country's deadliest roads.

Based on accident data from 2010 to 2023, there were 36 pedestrian deaths on a 3.5-mile-long stretch of Westheimer Road in Houston. Farm to Market Road (FMR) 1960 in Houston also made it onto the national list of the most dangerous roads for pedestrians from 2021 to 2023.

Common causes of pedestrian crashes

Pedestrian accidents in Houston are caused by a wide range of factors. Some of the most common reasons include:

  • Speeding drivers who don’t slow down for pedestrians crossing the street.
  • Distracted drivers, especially texting drivers, who don’t see pedestrians because they aren't focused on the road.
  • Aggressive drivers who don’t share the road with people crossing the street or walking alongside a road.
  • Drunk drivers under the influence of alcohol who cause pedestrian accidents.
  • Drowsy drivers who fall asleep at the wheel and hit pedestrians.

Keeping Houston pedestrians safe

There are measures that can be taken to reduce pedestrian crashes in Houston. For instance, the Texas Department of Transportation (TxDOT) outlined some of those suggested changes in the Click 2 Houston article, including:

  • Updating and enhancing pedestrian crosswalks, especially on Westheimer Road and I-610 in Houston.
  • Placing reflective stripping on roads where pedestrians can often be found.
  • Redesigning roads with pedestrians and vehicles in mind.
  • Encouraging Houston drivers to slow down.

Other ways to prevent pedestrian accidents include:

  • Installing better street lighting, especially at crosswalks.
  • Making sure crosswalks are clearly visible to drivers.
  • Enforcing existing traffic laws, especially if drivers run a red light or don’t stop at a crosswalk, resulting in a pedestrian accident.

Let Smith & Hassler fight for the compensation you deserve

Pedestrians often sustain severe injuries when drivers make mistakes on the road in Houston. All it takes is one distracted or speeding driver to cause a catastrophic pedestrian injury. Worst of all, many drivers deny doing anything wrong, and their insurance companies often agree with them in an attempt to avoid paying injured pedestrians the money they deserve.

Our Houston pedestrian accident attorneys at Smith & Hassler know the games insurance companies often play and how to effectively respond in such situations. We won’t waste a minute getting to work on gathering evidence in support of your pedestrian injury claim or lawsuit. That’s why we consistently obtain meaningful settlements and verdicts for our clients. We do the work that needs to be done to do the job right.

Get the Houston law firm that knows how to get results. Contact us and schedule a free consultation with a Houston pedestrian accident lawyer who puts your best interests first. We’re here to help you demand the justice and financial compensation you deserve.

“I can tell you without hesitation that Smith and Hassler is the best law firm to work with in the city of Houston. Were anyone in my family to need a PI attorney, I would send them to S&H immediately.” Greg G., ⭐⭐⭐⭐⭐

$9 Billion TxDOT Project Set to Redefine Houston’s Highway System

Aerial view of downtown Houston, Texas, with highways curving through the city and tall skyscrapers in the background under a partly cloudy sky.

What Houston Drivers Need to Know About the I-45 and I-69 Rebuild

Houston drivers are used to roadwork, but what’s coming next will be unlike anything the city has ever seen. The Texas Department of Transportation (TxDOT) has launched a $9 billion reconstruction of the I-45 and I-69 corridors, a decade-long project that will reshape how millions of people move through downtown.

According to KHOU 11, the project is one of the largest in state history — a complete rebuild designed to straighten roadways, reduce congestion, and improve flooding and air-quality conditions near the city’s core. For those who commute daily through the downtown corridor, the changes will be dramatic.

“This project is massive,” TxDOT spokesperson Danny Perez told KHOU. “It will completely transform the downtown roadway system and go all the way up to Beltway 8.”

At Smith & Hassler, our Houston car accident lawyers have seen firsthand what happens when construction zones and heavy traffic collide. While the long-term goal is to make travel safer, the years ahead will likely bring new hazards, from confusing detours to dangerous bottlenecks that put motorists, cyclists, and pedestrians at greater risk.

A Project Decades in the Making

For decades, I-45 has sliced straight through the middle of downtown Houston. Under the new plan, TxDOT will reroute the freeway east of downtown, running it parallel to I-69 near the George R. Brown Convention Center. Engineers say the redesign will smooth out sharp curves and outdated overpasses that slow traffic and contribute to crashes.

TxDOT says the initiative also targets chronic flooding and air-quality concerns that have plagued the downtown corridor for years. Anyone who’s sat through a summer storm on the Pierce Elevated knows how quickly water can accumulate, stranding drivers and damaging vehicles.

It’s an ambitious undertaking meant to future-proof Houston’s infrastructure after decades of explosive growth. But progress of this scale doesn’t come without challenges.

The Reality for Drivers Right Now

Construction has already begun, and KHOU reports that the project will take more than ten years to finish. That means Houston drivers can expect lane closures, rerouted exits, and extended delays for years to come.

Perez acknowledged the public’s frustration but urged patience. “People want to see traffic improved. They want to see congestion improved, so we’re trying to address that,” he said.

The reality, however, is that major construction zones are among the most dangerous places on Texas highways. Narrow lanes, sudden merges, and distracted drivers create a perfect storm for serious collisions. In recent years, thousands of crashes statewide have occurred in work zones, many involving large trucks or speeding motorists who failed to adjust to changing conditions.

When Congestion Meets Construction

Houston’s highways already rank among the most congested in the nation. Adding long-term construction to that mix means more stop-and-go traffic, unpredictable lane shifts, and frustrated drivers trying to beat the clock.

For commercial trucks, which account for a significant share of Houston’s daily traffic, construction detours can increase both fatigue and crash risk. Big rigs need more time and space to stop, and even minor lane misjudgments can lead to devastating consequences.

As construction expands through the I-45/I-69 corridor, drivers should expect more:

  • Rear-end and sideswipe crashes from sudden braking or last-second lane changes
  • Pedestrian and cyclist dangers near rerouted downtown streets and reduced shoulders
  • Truck rollover or jackknife accidents in narrowed merge zones
  • Aggressive driving and road rage incidents as congestion worsens

Every one of these risks is amplified when companies pressure truckers to stay on schedule despite the delays.

Why Infrastructure Doesn’t Always Equal Safety

Supporters of the I-45 overhaul say the redesign will make downtown traffic safer by reducing curves, expanding drainage, and improving visibility. Those changes may help, but only if drivers remain alert and follow the rules of the road during the years-long transition.

At Smith & Hassler, we’ve represented victims who assumed construction areas were being properly managed, only to discover that missing signage, poorly marked lanes, or negligent contractors played a role in their crash. In other cases, trucking companies ignored detour restrictions or allowed fatigued drivers to navigate high-risk zones at night.

The takeaway: improved infrastructure doesn’t automatically guarantee safer roads. Safety depends on every party, from engineers and contractors to trucking carriers and individual motorists, doing their part to minimize danger.

What This Means for Houston Families

For Houston residents, this massive project will reshape daily life far beyond the construction barricades. Commuters from The Woodlands to Pearland will face longer travel times. Downtown businesses will adapt to detours and limited access points. Families heading to Astros games or events at Discovery Green may need to plan entirely new routes.

The sheer scope of the project also means more workers, more heavy equipment, and more commercial traffic converging in one area — all while regular commuters navigate the same space. It’s a recipe for confusion and, too often, preventable accidents.

If you’re driving through or near downtown during this reconstruction, it’s crucial to:

  • Slow down and pay attention to posted signs and lane shifts.
  • Avoid distractions — even a brief glance at your phone can lead to disaster.
  • Give trucks and work vehicles extra space to merge or turn.
  • Report unsafe conditions or missing barriers to TxDOT or local law enforcement.

These precautions may sound simple, but in crowded work zones, they can mean the difference between getting home safely and suffering a serious injury.

Standing Up for Those Hurt in Work-Zone and Highway Crashes

As Houston transforms its highway system, Smith & Hassler remains focused on protecting those caught in the chaos. Our attorneys have handled cases involving 18-wheeler collisions, highway construction accidents, and catastrophic injuries caused by negligent drivers and contractors.

We know that behind every crash statistic is a person whose life changed in seconds, and we work tirelessly to hold those responsible accountable. Whether the cause is unsafe lane design, contractor negligence, or a reckless truck driver ignoring a work-zone speed limit, our team investigates every angle to build a strong case for justice.

If you or someone you love was injured in a Houston car or truck accident during road construction, don’t go down that road alone. The attorneys at Smith & Hassler are ready to fight for your recovery and help you move forward. Contact us today for a free consultation.

"Mr. Daragh Carter, Ms. Melissa Jimenez, and the team are very professional throughout my case. They addressed my questions/concerns quickly, followed up timely, and paid attention to detail. Their unwavering dedication made the difficult time far more manageable. I’m truly grateful for all the things they have done!" - Yang X., ⭐⭐⭐⭐⭐

TxDOT Launches “Be Safe. Drive Smart.” Campaign for Pedestrian Safety Month

Close-up view of a crosswalk with cars and sunlight in the background at sunset.

Texas Drivers Need To Be on High Alert

October has become a deadly trendline on Texas roadways. With shorter daylight hours, limited visibility, and more people walking outside to enjoy cooler weather, pedestrian fatalities consistently spike — and Houston is no exception.

That’s why the Texas Department of Transportation (TxDOT) has launched its latest statewide campaign: “Be Safe. Drive Smart.” The initiative coincides with National Pedestrian Safety Month and seeks to reduce the rising number of pedestrian deaths and serious injuries. But while safety reminders are being issued to everyone, it’s clear where the real responsibility lies.

Drivers, especially in a city like Houston with fast-moving traffic and busy intersections, must do more to prevent these crashes. Failing to pay attention, speeding through crosswalks, or driving distracted aren’t just traffic violations. They can result in a pedestrian accident that costs someone their life.

October Is the Most Dangerous Month for Pedestrians

According to TxDOT, 89 pedestrians were killed and 143 were seriously injured on Texas roads in October 2024 alone. That’s more than double the average seen in some other months. Overall, pedestrian-involved crashes in Texas are up 25% from 2020 through 2024, a disturbing trend that shows no signs of slowing down.

The problem is particularly significant in large metro areas like Houston, where the combination of high traffic volume, dimly lit roadways, and aggressive driving creates a dangerous environment for anyone on foot. Many of these crashes occur at night and in areas where drivers simply aren’t looking for pedestrians.

But that’s the point — they should be.

TxDOT’s Message to Drivers: Watch for People, Save Lives

At the center of the new “Be Safe. Drive Smart.” campaign is the story of U.S. Air Force Major Brenna Cole-Pickrel, a 31-year-old security expert who was killed while jogging in a San Antonio crosswalk. Her death in October 2024 is one of hundreds that demonstrate the devastating consequences of driver inattention.

Her mother, Linda Cole, told TxDOT: “It hurts to know that it could have been prevented.”

And that’s exactly the campaign’s goal: prevention through driver awareness and accountability.

The pedestrian safety awareness campaign includes television ads, billboards, radio spots, digital media, and even walking street teams with safety messages in high-risk pedestrian areas. But the underlying message is clear: Drivers are the ones who need to change their behavior.

Houston Drivers Need to Be Responsible

At Smith & Hassler, we’ve seen far too many pedestrian accident cases caused by drivers who were in a rush, distracted, or simply not looking. These aren’t rare occurrences. They’re happening every day, and too often, the victims never get the chance to tell their story.

Here’s what we often see behind these tragic crashes:

  • Left turns across crosswalks: Drivers focus on clearing traffic and fail to see someone already crossing with the signal.
  • Speeding through intersections: In Houston, where many drivers try to beat the light, pedestrian right-of-way is often ignored.
  • Failing to stop at crosswalks: Many drivers don’t come to a full stop at crosswalks without signals or assume pedestrians will yield to them.
  • Distracted driving: Phones, navigation systems, or other in-car distractions pull focus from the road, especially during low-visibility hours.
  • Large vehicle blind spots: SUVs and pickups — which are increasingly common in Texas — have larger front blind zones that can obscure pedestrians at close range.

The Legal Stakes for Drivers in Pedestrian Crashes

Texas law is clear: Drivers must yield to pedestrians in crosswalks and exercise caution when pedestrians are present. Failing to do so can lead to citations, criminal charges, and civil lawsuits.

When a driver hits a pedestrian — whether due to distraction, speeding, or failing to yield — they can be held fully responsible for the injuries and financial losses that follow. This includes medical bills, lost income, pain and suffering, and in tragic cases, wrongful death.

At Smith & Hassler, our Houston pedestrian accident lawyers hold negligent drivers accountable. We don’t buy into excuses about “not seeing” someone or “being in a hurry.” If a driver causes harm because they weren’t paying attention, they should be held responsible — period.

Houston Pedestrian Accidents Are Preventable

TxDOT’s campaign is a reminder that change doesn’t start with billboards or slogans. It starts behind the wheel.

In a city as large and fast-paced as Houston, it’s not enough to be a “good driver.” Drivers need to be focused, patient, and attentive, especially in areas where people are walking. And that means:

  • Slowing down near crosswalks and intersections
  • Yielding to pedestrians, whether or not there’s a signal
  • Watching for people near stopped vehicles or transit stops
  • Putting phones away completely while driving
  • Adjusting for low-light conditions, especially in the evening

These may sound like basic rules, but too many people break them every day. And when they do, the results are often life-changing for everyone involved.

We Help Injured Pedestrians Fight For Justice

Our law firm has a proven track record of achieving successful outcomes in pedestrian accident cases. We know the law. We know the tactics insurance companies use. And we know how to demand accountability when someone’s life is turned upside down by a reckless driver.

Don’t let a driver’s mistake define your future. We’re here to help you fight back and move forward.

If you were injured in a pedestrian accident in Houston, Smith & Hassler can help you pursue accountability and demand the compensation you deserve. Contact us today to schedule your free consultation.

"Mr. Carter made my life easy! I had no clue what to do after my car wreck, and he made the process easy. I would definitely recommend to anyone who asks!" - Kristen F., ⭐⭐⭐⭐⭐

Houston Approves Ordinance Banning Pedestrians From Narrow Medians

Busy highway in Houston with vehicles traveling toward the downtown skyline under a partly cloudy sky.

Pedestrian accident victims still have legal rights

Houston leaders have taken a step they say is about preventing pedestrian accidents and keeping people alive on some of the city’s fastest, most dangerous roads. In an 11–2 vote, the City Council approved a new ordinance that makes it illegal to sit, stand, or walk on median strips six feet wide or less. The rule also applies to the space between divided roadways where no median exists. Council Members Tiffany Thomas and Letitia Plummer voted no.

“This is 100% about public safety,” Council Member Mary Nan Huffman said. “We’ve seen too many close calls — people with children, pets, even wheelchairs standing in areas that were never meant for foot traffic.”

While the ordinance seeks to reduce risk on dangerous roads, it also raises important questions about pedestrian safety, driver accountability, and what legal options are available when someone is hit by a car. For injured pedestrians and their families, knowing your rights is just as important as understanding the rules.

What exactly changes under the new rule

The ordinance creates Section 45-111 of the Houston Code of Ordinances. It prohibits anyone from being on narrow median strips that are six feet wide or less. It also covers the painted or paved separation between divided lanes when no physical median is present. The restriction applies to sitting, standing, and walking. Violations are Class C misdemeanors, which carry a fine of up to $500.

Supporters say these narrow strips were never designed for people to use as waiting zones or resting spots. That risk is amplified on high-speed corridors such as Westheimer, where drivers expect continuous flow and sight lines are limited. A person standing on a sliver of concrete inches from traffic has little room to recover if a driver drifts, a truck’s mirror extends, or a chain reaction crash pushes vehicles toward the edge of the lane.

“We’ve had constituents tell us they’ve seen people with children, pets, even individuals in wheelchairs trying to balance on medians just a few feet wide,” Huffman said. “They were installed to keep drivers on both sides of the roads safe. We don’t want humans standing on them.”

The ordinance includes common-sense carveouts, such as:

  • Pedestrians who are crossing the road directly
  • Emergency situations
  • Authorized city work with proper permits
  • Other legally permitted activities

How is enforcement expected to work?

Once in effect, the ordinance allows Houston Police Department officers to issue warnings or citations. Officers will likely start with education, not tickets. “HPD officers have discretion,” said Hoffman. “We expect they’ll start by educating people about the new rules before issuing any fines.”

Like other Class C misdemeanors, violations are ticket-eligible with a maximum $500 fine. The city didn't outline a quota, a grace period, or specific hotspots, but officials indicated outreach will come first.

Some residents and advocates worry that enforcement could fall hardest on people who are unhoused or rely on roadside solicitation. Sponsors of the measure say the intent is safety, not criminalization.

What dangers do pedestrians face on Houston roads?

Houston is built around fast, wide roads that carry a large volume of traffic. That design leaves people on foot exposed. Crashes tend to be more severe on multilane corridors where drivers speed up and sight lines are tight. Here are the hazards that put pedestrians at risk and why they matter:

  • High speeds on arterials reduce reaction time and make injuries more severe.
  • Wide multilane crossings force long walks while drivers turn from several lanes.
  • Short walk signals do not give kids, seniors, or people using mobility devices enough time to cross.
  • Right turns on red lead drivers to watch for cars and miss people in the crosswalk.
  • Left-turn gaps tempt quick moves that cut through occupied crosswalks.
  • Distracted driving involves looking at phones or screens instead of the road.
  • Impaired or drowsy driving slows reaction time and clouds judgment.
  • Poor lighting at night makes it harder to see dark clothing and unmarked crossings.
  • Missing or broken sidewalks push people to the roadway edge.
  • Narrow or absent refuge islands leave no safe place to pause on multilane roads.
  • Driveway and curb-cut clutter creates frequent in-and-out vehicle movements across sidewalks.
  • Large trucks and SUVs strike higher on the body, causing more severe head and chest injuries.
  • Work zones close sidewalks and force confusing detours into traffic.

Why this matters for injured pedestrians in Houston

Houston’s decision to restrict access to narrow medians highlights just how unsafe some of the city’s busiest roads have become for people on foot. But ordinances alone won’t stop drivers from making reckless choices. Every day, pedestrians are hit by cars while crossing legally, walking near intersections, or simply trying to navigate broken or incomplete sidewalks.

When a driver fails to yield, speeds through a crosswalk, or turns without looking, the consequences can be life-altering. And while the new ordinance may reduce risk in certain spots, it doesn’t protect pedestrians from negligent drivers who break the rules.

If you or someone you love has been injured in a pedestrian crash, the law gives you the right to take legal action. Smith & Hassler stands up for injured pedestrians across Houston and fights to hold careless drivers—and their insurance companies—accountable.

Call a Houston pedestrian accident lawyer if you've been injured

If a driver hit and injured you or someone you love while walking, put a proven team in your corner. At Smith & Hassler, we know how to build strong pedestrian accident cases in Houston and across Texas. We move quickly to secure video evidence, gather witness statements, and collaborate with doctors and other experts to document the full impact the injury has on your life. Our attorneys deal with the insurance company so you can focus on healing.

When you book a free consultation, we'll listen to what happened, review any reports and medical records you have, and answer your questions. However, you need to act fast. The longer you wait to seek legal advice, the bigger advantage you give to the insurance company.

Contact us today to schedule a free consultation. We offer legal representation on a contingency fee basis, which means you pay nothing unless we recover compensation on your behalf. Smith & Hassler proudly serves clients in Houston and throughout Texas. Don't wait, get our law firm in your corner and let us fight for the justice and accountability you deserve.

“I can tell you without hesitation that Smith and Hassler is the best law firm to work with in the city of Houston. Were anyone in my family to need a PI attorney, I would send them to S&H immediately.” – G.G., ⭐⭐⭐⭐⭐

Proposed Truck Speed Limit Rule Dropped Amid Deregulatory Push

Blurred view of a semi-truck and several cars traveling at high speed on a multi-lane highway.

We’ve seen firsthand the devastation caused when 80,000-pound trucks travel too fast

For nearly a decade, federal regulators have been debating whether to require large trucks to be equipped with electronic devices that limit their maximum speed. The idea seemed simple enough: limit the speed of big rigs, and you reduce the severity of truck accidents, save lives, and cut costs.

But in late July, the plan hit a dead end. The U.S. Department of Transportation, through the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), withdrew the proposal.

The reason? It would have wrested control from the states over speed limits, and there wasn’t enough hard data to justify the change.

This wasn’t just a matter of policy fine print. It was a clash over who gets to decide how fast trucks should travel on America’s highways, with deeper implications for how the federal government regulates transportation.

How did the speed limiter proposal begin?

The first version of the rule was introduced in 2016, backed by both the FMCSA and NHTSA. It targeted commercial vehicles weighing over 26,000 pounds, proposing that they be fitted with speed limiters set at either 60, 65, or 68 miles per hour.

The thinking was straightforward: lower speeds mean fewer high-impact crashes, which often have devastating consequences when an 80,000-pound truck is involved.

The plan was revived in 2022 with updated language, which reignited old debates. Supporters argued that mandatory speed limiters would protect drivers, reduce highway fatalities, and even help the environment through better fuel efficiency.

The agencies had numbers to support their claims. Their estimates suggested that a nationwide 65 mph cap could prevent 63 to 214 deaths each year. They also projected economic benefits for trucking companies, ranging from $209 million to $1.56 billion annually, in the form of savings from lower fuel use, reduced tire wear, and fewer crash-related expenses.

Why were the rules withdrawn?

The July 24 notice in the Federal Register made it clear that the proposals directly conflicted with the issue of state sovereignty. Under U.S. law, states have the authority to set speed limits on their own roads. Many states permit trucks to travel faster than 68 mph, particularly on rural interstate highways.

The proposed rules would have overridden those decisions. According to the notice, that created a “significant” conflict between federal and state authority. In effect, the speed limiter mandate would have stripped states of their ability to set what they consider to be safe speed limits for their roads.

The move also aligned with an executive order directing federal agencies to rescind regulations that are “unlawful or undermine the national interest.” In this case, DOT determined that imposing federal truck speed caps without sufficient legal footing and data would be both.

While the projected benefits looked promising on paper, the agencies admitted they didn’t have the full picture. They lacked enough reliable data to predict exactly how speed limiters would affect crash numbers or the overall economy. That uncertainty left the rule vulnerable. Without a clear, evidence-based case showing that the safety benefits outweighed the costs, DOT decided not to push it forward.

Another factor influencing the withdrawal was the rapid advancement of truck safety technology. Many newer commercial vehicles are already equipped with crash avoidance systems, such as automatic emergency braking and forward collision warning.

These systems can detect potential collisions and either alert the driver or automatically apply the brakes. FMCSA and NHTSA acknowledged that such features may already be preventing some of the crashes that speed limiters were intended to reduce.

What is the public and industry reaction to this decision?

Safety groups largely backed the idea, some even calling for lower limits. However, many trucking companies are concerned about lost efficiency, especially when hauling time-sensitive freight. Independent owner-operators argued that speed limiters could create dangerous speed differences between trucks and cars, potentially leading to more truck accidents rather than fewer.

The American Trucking Associations struck a more measured tone. COO Dan Horvath said the decision was “expected” and in line with the administration’s broader deregulatory approach. "We believe USDOT can successfully balance deregulatory actions while enforcing sensible regulations that are on the books, in line with its safety mission," said Horvath.

What does this mean for future transportation policy?

The end of the speed limiter proposal doesn’t mean the conversation is over. It’s a sign of how transportation policy is shifting under the current administration. That means a reduced appetite for sweeping federal mandates and a greater emphasis on state control and market-led safety solutions.

For now, states will continue to set their own truck speed limits, and safety gains may come more from technological innovation than from top-down regulation. But advocates for uniform national standards aren’t going away. They may propose new initiatives in the future, especially if more comprehensive crash data becomes available.

The tension between safety regulation and operational freedom isn’t new, and it won’t disappear anytime soon. The trucking industry operates in all 50 states, but the rules of the road are still shaped heavily by local control.

Truckers won’t see a federal rule limiting their top speed. However, the issues that sparked the proposal (e.g., highway safety, crash prevention, and fuel efficiency) remain on the table. As long as 80,000-pound trucks share the road with passenger vehicles, the conversation about how to keep everyone safe will continue to move forward.

Injured in a truck accident?
Let our Houston law firm fight for maximum compensation

At Smith & Hassler, our Houston truck accident lawyers are well-versed in the tactics employed by trucking companies and have been advocating for injured motorists for over 30 years. We know how to investigate complicated truck accidents, identify every liable party, and build a strong case for the full compensation you deserve.

When the stakes are high, you need a law firm with the skill, resources, and proven track record to go head-to-head with powerful trucking corporations. Our team proudly serves clients in Houston, Harris County, and throughout the state of Texas. When you schedule your free consultation, you’ll get straightforward answers and an honest assessment of your case.

There’s no obligation or pressure; just a confidential conversation with an attorney who understands what you’re going through and how to fight for your best interests. You can also rest easy knowing we work on a contingency fee basis, which means you pay nothing upfront and we only get paid if we win your case.

If you’ve been injured in a crash involving a large truck, contact us today to schedule your free case evaluation. Evidence can disappear quickly after a truck accident, so the sooner you reach out, the sooner we can start protecting your rights and pursuing the maximum compensation you’re entitled to.

"Smith and Hassler law firm has been more than amazing! They go above and beyond what their title is. They truly care about you as an individual and what you are going through, not just a paycheck to them." – J.S., ⭐⭐⭐⭐⭐

TxDOT Launches "Be Safe. Drive Smart." Campaign to Combat Speeding

Wrecked car on a wet highway at dusk with police officers and a patrol vehicle nearby, beneath an overhead sign reading “Be Safe. Drive Smart.” near a Houston road sign.

As Speed-Related Crashes Surge, Houston Drivers Are Urged to Slow Down

Speeding isn't just reckless. In Texas, it's often deadly. Last year alone, the Texas Department of Transportation (TxDOT) reported nearly 160,000 speed-related crashes across the state. These collisions caused 1,467 fatalities, making up almost 35% of all traffic deaths in Texas.

To address this alarming trend, TxDOT has launched its latest public awareness effort: the "Be Safe. Drive Smart." campaign. And for Houston drivers, the message couldn't be clearer: slow down before it's too late.

At Smith & Hassler, our Houston car accident lawyers understand the devastating impact of speed-related crashes. High-speed collisions often result in serious injuries, long-term consequences, and emotional trauma for victims and their families.

That's why campaigns like "Be Safe. Drive Smart." matter. As TxDOT works to raise awareness across Texas, drivers in Houston are being reminded that slowing down could save lives.

Speeding Can Be a Deadly Decision

“Speeding is not an accident; it’s a choice,” said TxDOT Executive Director Marc Williams, according to a recent report. “When you choose to drive even just a little over the speed limit, you’re not only risking your own life; you’re risking the lives of every person on the road with you, and that’s not being a good Texan.”

That's why TxDOT is doubling down on its efforts to raise awareness and change driver behavior. The "Be Safe. Drive Smart." campaign features country music star Parker McCollum in new public service announcements, encouraging Texans to slow down and look out for one another.

The campaign runs in tandem with Operation Slowdown, a speed enforcement initiative that takes place from July 18 to August 3. During this period, law enforcement officers across Texas are cracking down on speeding, especially in school zones, construction areas, and along high-speed highways.

How Speeding Causes Serious Injury and Death

The faster a car is moving, the harder it is to control and the more catastrophic the impact can be in a crash. Speeding drastically reduces a driver's reaction time, making it nearly impossible to stop in time to avoid a collision.

High-speed accidents are known to cause:

Speed doesn't just increase crash risk. It amplifies the severity of every injury.

TxDOT's Tips for Safer Driving in Houston

TxDOT is urging drivers to be more mindful behind the wheel and to make smarter choices. Here are key safety reminders from the department:

  • Match your speed to road conditions. Wet pavement, poor visibility, and heavy traffic all require slower speeds.
  • Allow extra time to stop. Give more following distance, especially in bad weather or around construction zones.
  • Look for reduced speed signs. Be alert in school zones and areas with active roadwork.
  • Know the consequences. Traffic fines are doubled in school or work zones when workers are present.

Hurt by a Reckless Driver in Houston? We're Ready to Help.

At Smith & Hassler, we have spent over 30 years helping crash victims across Texas fight for the justice and compensation they deserve. Don't just take our word for it — our client testimonials speak for themselves.

If you or someone you love was injured in a speeding-related crash, you don't have to navigate the aftermath alone. Our experienced Houston car accident lawyers know how to investigate high-speed collisions, build strong cases, and fight back against insurance companies that try to minimize claims.

We offer free consultations with no obligation, just honest answers and a clear strategy. And because we work on a contingency fee basis, you pay nothing unless we win your case. Contact us today to schedule your free case review.

"Mr. Carter, Abigail, and his team took care of me and made sure I knew what was going on with my case, and helped me understand the process until the very end. Thank you again." - Elisa M., ⭐⭐⭐⭐⭐

Houston Police Focus on Speeders and Drunk Drivers in New Push

Black SUV speeding down a city street at night with blurred lights in the background.

Increased Patrols May Prevent Crashes, But Accidents Still Happen

Houston, we have a problem, and it’s not just the heat or the traffic; it’s what’s happening in that traffic. In 2024, the city recorded the highest number of car accident deaths in Texas. Drivers, passengers, and pedestrians are dying at alarming rates, even as police hand out more and more citations. Something doesn’t add up.

We have hundreds of tickets, multiple highways, and dozens of officers swarming roadways for a few days at a time. It looks impressive on paper. But is it really making a difference? Is Houston missing the bigger picture?

In early 2025, Houston police launched a series of “traffic enforcement surges” across major highways such as I-45, U.S. 59, Texas 288, and the South Loop. These weren’t routine patrols. These were concentrated, high-visibility operations, with dozens of officers stopping drivers and writing tickets as fast as their pens could move.

The first two major surges netted over 470 citations in just three days. That’s a staggering number. City officials touted the efforts in press conferences and social media posts, promising more to come. The message was clear: dangerous driving won’t be tolerated. But these surges are short, one or two days, and then the show moves on. There’s no permanent presence or lasting deterrent.

Why are Houston’s roads so dangerous?

Part of the answer lies in the city’s size and sprawl. Houston is a massive metro area with limited public transit and a deeply car-dependent culture. People have to drive everywhere. That means more cars on the road, more miles driven, and more chances for something to go wrong. Additionally, highways cut through urban centers, bringing 70 mph traffic within feet of residential neighborhoods, schools, and businesses. Aggressive behavior, distracted driving, and impatience are all too common.

Why is Houston relying so heavily on enforcement?

There’s a long history of trying to change driver behavior through fear of punishment. You’ve seen it before: Click It or Ticket, Drive Sober or Get Pulled Over. The flashing red-and-blue lights in your rearview mirror are meant to make you think twice. To some extent, it works in the moment. When drivers know police are around, they slow down, signal, and put their phones away. But the effect is fleeting. Once the officers leave, the old habits creep back in.

Enforcement also plays well with the public, as it gives the impression of action. Residents complain about speeders in their neighborhoods, so the city responds with patrol cars and radar guns. But the truth is that enforcement alone treats the symptom, not the cause.

What’s missing from the equation?

You can’t talk about dangerous driving without talking about the environment in which people drive. Road design shapes behavior. Wide, straight highways with few obstacles invite speed. Poorly lit intersections create confusion, while a lack of pedestrian infrastructure increases the chances of a tragedy.

Houston’s roads were built for cars to move fast, not for people to move safely. That design philosophy shows up in the data. High-speed crashes, pedestrian fatalities, and rollover accidents all thrive in this kind of setting.

The most effective traffic safety strategies blend enforcement with design. Raised crosswalks, better signage, narrower lanes, and speed humps nudge drivers to slow down without anyone needing to issue a single ticket. But in Houston, we’ve seen very little of that. Despite the grim statistics, there’s been no major push to redesign high-risk roadways or rethink how our infrastructure influences behavior. That’s a missed opportunity and a deadly one.

Instead of asking how many tickets we can write, we should be asking how many lives we can save. That requires more than just patrol cars. A real solution would bring together city planners, transportation engineers, community leaders, and residents to redesign the most dangerous corridors. It would mean slowing traffic, not with threats, but with smarter design. It would mean investing in sidewalks, bike lanes, crosswalks, and lighting.

It would also mean using data. Where are crashes happening? When? Why? Too often, we’re reacting to tragedy instead of preventing it. That needs to change. Enforcement still matters, but it should be consistent, equitable, and data-informed—not just a surge when cameras are rolling.

What’s the real cost of doing nothing?

Behind every crash statistic is a human life. A teenager on their way to school, a father heading home from work, or a child crossing the street. These aren’t just numbers; they’re stories that ended too soon. If we keep relying on tickets and traffic stops alone, those stories will keep repeating.

It’s time to think bigger, smarter, and more human. Traffic safety isn’t just about catching bad drivers; it’s about building a city where fewer people make fatal mistakes in the first place.

Experienced lawyers serving injured victims across Texas for over 30 years

If you or someone you love was hurt in a car accident in Houston or anywhere in Texas, you have the right to justice and full compensation. The Houston car accident lawyers at Smith & Hassler have over 30 years of experience fighting for crash victims across Texas. We know what it takes to hold negligent drivers and insurance companies accountable. We build strong cases, demand maximum compensation, and don’t back down from insurance companies.

Our law firm offers free consultations where you'll get a clear explanation of your rights, a strategy tailored to your situation, and an honest estimate of what your case may be worth. We’ll answer your questions, review the facts, and let you know exactly what to expect. Since we work on a contingency fee basis, you pay absolutely nothing unless we win. That means no upfront fees or surprise bills.

To get started, contact us online or call our law offices in the greater Houston area to book a free consultation with our legal team. The sooner you act, the faster we can help you get the best possible outcome for your case.

"I'm so thankful that I chose Smith and Hassler to represent me in my auto collision case. I would recommend them to anyone who found themselves in a similar situation as myself." – D.O., ⭐⭐⭐⭐⭐

FMCSA Rule Changes Could Impact Truck Accident Investigations

Close-up view of the front side of a red semi-truck parked on a road, with other trucks visible in the background.

Why Preserving Evidence After a Truck Accident May Get More Difficult

The Federal Motor Carrier Safety Administration (FMCSA) has recently proposed a sweeping set of 18 rule changes that could significantly impact how the trucking industry operates – and how truck accidents are investigated. These changes affect nearly every aspect of commercial motor vehicle regulation, from how inspections are conducted to the reporting requirements for carriers.

For injury victims and their families, these updates matter. When a serious crash involves an 18-wheeler or other commercial truck, the investigation that follows can make or break how much money you receive for your accident-related expenses, which can add up fast after a serious truck accident.

What are the proposed FMCSA rule changes?

In May 2024, the FMCSA announced its initial request for public comment on 18 proposed changes to its current safety regulations. This May, the FMCSA published 18 proposed changes, which the public can comment on for 60 days, according to FreightWaves.

The proposed changes are part of the agency’s "Zero-Based Regulation" (ZBR) initiative, which aims to evaluate and streamline federal trucking rules. Some of the noteworthy proposals include:

  • Removal of self-reporting requirement since violations are automatically reported electronically between state agencies.
  • Expand military exemption for commercial driver’s license (CDL) training requirements.
  • Revising inspection, repair, and maintenance recordkeeping requirements
  • Modify what constitutes “medical treatment” after an accident. Specifically, X-rays and other imaging scans would not be considered medical treatment, as they’re used solely to diagnose whether an injury has occurred.
  • Stop requiring trucking companies to send federal truck inspection reports to state agencies.
  • Update requirements for maintaining driver qualification files.
  • Adjust the rules governing hours-of-service (HOS) exemptions.
  • Modify vehicle marking requirements.
  • Review the current definition of a “commercial motor vehicle.”

While the FMCSA describes these potential changes as administrative improvements, the ripple effects could be significant. Investigators, attorneys, and injury victims rely on existing FMCSA regulations to uncover violations that may have contributed to a crash. Any proposed changes could influence how commercial truck accidents are investigated in the future.

Why FMCSA regulations matter in truck accident cases

Truck accident investigations often involve more than just police reports and witness statements. In serious cases – especially those involving catastrophic or fatal truck crashes – the National Transportation Safety Board (NTSB) may conduct its own independent investigation.

In such cases, evidence related to the truck accident often serves as the cornerstone of any truck accident claim or lawsuit. Key evidence that could be influenced by the proposed FMCSA rule changes includes:

  • Driver logs and hours-of-service records – Used to determine whether the driver was operating under fatigue or in violation of rest requirements.
  • Vehicle maintenance and inspection records – Can reveal whether the trucking company failed to keep the truck in a safe operating condition.
  • Driver qualification files – May show that a driver had a history of violations or was not properly trained.
  • Drug and alcohol testing records – Required by federal law in many situations, and can reveal safety risks.
  • Electronic Logging Device (ELD) data – Used to verify driving time, speed, and other key metrics.

If these records become harder to obtain, less detailed, or no longer required due to regulatory changes, accident victims may face additional hurdles to proving negligence, which is key when building a case against a truck driver, trucking company, or another at-fault party.

How could these rule changes impact crash victims in Texas?

Texas consistently ranks among the states with the highest number of fatal truck accidents. In fact, it’s often the state with the highest number of truck accident fatalities in a single year, according to the National Safety Council (NSC).

Specifically, there were 26,312 commercial vehicle crashes in the Lone Star State in 2023, according to the Texas Department of Transportation (TxDOT). Many of these truck accidents occurred on major highways like I-10, I-45, and I-69. In Harris County alone, more than 5,000 commercial vehicle crashes were recorded last year.

As a result, any proposed changes to FMCSA regulations governing the commercial trucking industry could have a major impact on a wide range of truck injury cases. If trucking companies face fewer reporting requirements, for example, they may be able to withhold key evidence, such as maintenance logs or driver history, that could otherwise be used to prove liability.

It could also make it harder to demonstrate patterns of noncompliance. For instance, if the FMCSA loosens documentation requirements for inspections, a company with a long history of poor maintenance may not face accountability unless more stringent state-level regulations apply.

What Are the Most Common FMCSA Violations Associated With Truck Accidents?

Even before the proposed FMCSA rule changes, certain violations have consistently contributed to serious and fatal truck crashes across Texas and the United States. These infractions often point to systemic safety issues within trucking companies and may become more challenging to detect if reporting requirements are relaxed.

According to the Federal Motor Carrier Safety Administration (FMCSA), the most frequently cited violations during roadside inspections include:

  • Hours-of-Service (HOS) Violations: Truck drivers are subject to strict limits on driving hours to prevent fatigue-related accidents. Violations such as exceeding allowable driving hours or failing to maintain accurate logbooks are common. In 2021, "False Report of Driver’s Record of Duty Status" and "No Record of Duty Status (ELD Required)" were among the top five violations cited by FMCSA.
  • Vehicle Maintenance Failures: Proper maintenance is crucial for safe operation. Common issues include inoperative lamps, brake system defects, and tire problems. The FMCSA reported that "Inoperable Required Lamp" and "Clamp/roto-chamber type brake(s) out of adjustment" were among the most cited vehicle violations.
  • Improper Driver Qualifications: Operating a commercial motor vehicle (CMV) without the proper commercial driver's license (CDL) or endorsements is a serious violation. "Operating a CMV Without a CDL" was one of the top five violations in 2021.
  • Cargo Securement Issues: Failing to properly secure cargo can lead to load shifts, increasing the risk of rollovers or loss of control. While specific statistics on cargo securement violations are less prominent, they remain a critical safety concern.
  • Distracted or Impaired Driving: FMCSA regulations prohibit the use of hand-held mobile devices while operating a CMV and mandate drug and alcohol testing. Violations in these areas can significantly increase crash risks and are very common, according to the FMCSA.

What happens next with the FMCSA proposals?

The FMCSA's proposed rule changes are still in the early stages of development. The agency is collecting feedback from the public, safety advocates, and the trucking industry as part of the rulemaking process. After reviewing comments, the FMCSA may revise or withdraw some proposals before finalizing new regulations.

Still, these proposals offer insight into how federal oversight of the trucking industry could evolve in the coming years – and why legal representation is more important than ever after a serious truck accident.

Learn how a Houston truck accident lawyer can fight for you

Commercial truck accidents are not ordinary crashes. They often involve complex federal rules, high-stakes insurance policies, and powerful corporate defendants. If you're injured in a crash involving an 18-wheeler, a delivery truck, or a commercial fleet vehicle, it's critical to speak with a law firm that knows how to investigate and build strong cases under Texas and federal law.

At Smith & Hassler, our attorneys have been fighting for crash victims in Houston for over 30 years. We understand how FMCSA regulations apply to your case, and we know how to hold negligent trucking companies accountable. That’s why we consistently obtain settlements and verdicts for clients, including $1.38 million in one truck accident case.

Contact us for a free consultation to learn more about your legal options. We’re here to listen and to help you demand the justice and compensation you deserve.

“I was rear-ended by a tractor-trailer while waiting for traffic to clear up on a busy highway and woke up seven days later in a hospital with multiple fractures. Someone from my family had contacted Smith & Hassler while I lay unconscious. It was a very wise decision. To anyone who finds themselves in a similar situation, they are the go-to guys.” – Benji S., ⭐⭐⭐⭐⭐