What Happens if I Hit Someone Walking in a School Zone?

 Posted on October 24, 2026 in Criminal Defense

Hitting a pedestrian in a Texas school zone doesn’t automatically result in criminal charges. Whether you’re charged depends on what caused the accident and what you did afterward.

A driver who was paying attention and following the law may face no charges at all. A negligent driver who was using a phone, driving carelessly near a crosswalk, or caught leaving the scene, however, can mean a misdemeanor or felony.

If you’ve been in an accident with a pedestrian in a school zone in 2026, a Dallas, TX criminal defense attorney can explain what charges you may be facing and how to respond.

Is Hitting Someone in a School Zone a Crime in Texas?

A pedestrian accident isn’t automatically a crime in Texas, even in a school zone. Prosecutors need to show that the driver did something wrong, like driving with criminal negligence or breaking a specific traffic law. "Criminal negligence" means failing to recognize a substantial and unjustifiable risk when that failure is a gross departure from how an ordinary person would act. It requires more than ordinary carelessness.

School zones come with stricter rules, which can affect how the case is assessed. Speed limits are lower and there is often pedestrian traffic in the form of children and crossing guards. Police and prosecutors will likely look at whether you were attending to these factors when deciding whether to file charges.

For example, a driver going through a posted school zone who hits a child that runs unexpectedly out from between parked cars may not be found negligent. A driver who was texting when they hit the child may be considered criminally negligent.

What Charges Can a School Zone Accident Lead To in Texas?

Charges made often depend on what conclusions can be drawn about your driving based on the evidence. Some of the most common possibilities include the following.

Injuring Someone in a Crosswalk

Texas Transportation Code Section 545.428 makes it a Class A misdemeanor to injure a pedestrian or cyclist in a crosswalk through criminal negligence. If the person suffers serious bodily injury, it becomes a state jail felony.

Using a Phone in a School Crossing Zone

Texas law bans using a handheld phone while driving in a school crossing zone unless your vehicle is stopped. While unlawful phone use is typically a traffic offense, if it happened right before an accident, prosecutors may use it as evidence that you were driving carelessly. Unlawful electronic messaging while driving can also become a Class A misdemeanor if it causes serious bodily injury or death.

Leaving the Scene

A driver in an accident that injures someone must stop, check whether anyone needs help, and stay at the scene. Leaving can be charged as a felony. If the person suffers serious bodily injury, it’s a third-degree felony. If they die, it’s a second-degree felony.

Causing a Death

If a pedestrian dies, a driver may be charged with criminally negligent homicide under Texas Penal Code Section 19.05. This is a state jail felony. More serious charges, like manslaughter, may apply if prosecutors believe the driver acted recklessly.

Which charges can be proven depends on the driver's conduct, the required level of criminal negligence or recklessness, and whether that conduct caused the injury or death. An accident being preventable does not, by itself, establish criminal guilt.

Call a Tarrant County, TX Car Accident Defense Attorney Today

Getting legal help soon after an accident can give your lawyer the chance to help you avoid saying or doing anything that would be detrimental to your case. The other person may also choose to bring a civil suit against you, making strong legal help even more valuable.

Our Dallas, TX criminal defense lawyer has more than 25 years of legal experience. She’s a former prosecutor for the Dallas County District Attorney’s Office and understands how prosecutors approach these kinds of cases.

Call the Law Office of Michelle Poblenz at 469-845-3031 to schedule your initial consultation.