Your kids have planned their costumes for weeks, and on October 31 they’ll be out the door the minute it gets dark. That excitement is what makes Halloween one of the riskiest nights of the year for anyone on foot. Small children in dark costumes cross between parked cars while drivers hunt for house numbers and party traffic builds.
When a car hits a pedestrian, the injuries are rarely minor. Families can spend months dealing with hospital visits, insurance adjusters, and arguments over who was at fault. Texas law gives pedestrians real protections at crosswalks, but those protections only help if you know how they work.
At Trujillo Gonzalez PC, we represent people hurt in pedestrian accidents, car accidents, motorcycle accidents, and more, across Dallas and North Texas. We see the same preventable patterns every fall, and most of them come down to visibility, speed, and impaired driving.
Our Dallas pedestrian accident lawyers share these Halloween safety tips to plan a safe trick-or-treating night for your family, and keep our number handy in case something goes wrong.
Why Halloween Is So Dangerous for Pedestrians
Halloween puts more children on neighborhood streets after dark than any other night of the year. According to a safety advisory from the U.S. Department of Transportation, pedestrians made up 28 percent of Halloween night crash deaths in 2012. On an average day, pedestrians accounted for 14 percent.
Impaired driving adds to the danger. The National Highway Traffic Safety Administration (NHTSA) reports that 176 people died in crashes involving a drunk driver on Halloween night between 2019 and 2024, and pedestrians were among those killed. NHTSA defines Halloween night as 6 p.m. on October 31 through 5:59 a.m. on November 1.
Texas follows the same pattern. The Texas Department of Transportation (TxDOT) reports that 773 people were killed while walking on Texas roads in 2024. Pedestrian crashes typically peak in October, and in October 2024 alone, 89 pedestrians died and 143 more were seriously injured statewide.
Most of these crashes happen at night. A child in a black cape or a dark animal costume can be nearly invisible to a driver until it’s too late to stop.
Halloween Safety Tips for Kids and Parents
The most useful Halloween safety tips for kids are simple. Most of them come down to two things: Being seen and being predictable.
Make Costumes Easy to See
Dark costumes blend into the road at night. Add reflective tape to the front and back of costumes and treat bags, and give each child a flashlight or glow stick.
NHTSA recommends face paint instead of masks when possible, since masks can block a child’s view of oncoming cars. Costumes should also be short enough that kids won’t trip stepping off a curb.
Plan Your Route Before Dark
Pick well-lit, familiar streets with sidewalks, and map out the houses you’ll visit before you leave. NHTSA advises that children under 12 trick-or-treat with an adult and that older kids stay in groups.
Many Dallas families also choose trunk-or-treat events at schools and churches. These events keep younger kids off busy streets entirely.
Go over the following rules with your kids before they head out:
- Cross only at corners and crosswalks, never between parked cars.
- Look left, right, and left again before stepping into the street.
- Make eye contact with a driver before crossing in front of the car.
- Walk on the sidewalk, or face traffic on the left edge of the road if there isn’t one.
- Keep phones and earbuds put away while walking.
Practicing these rules on a normal evening makes safe trick-or-treating easier for kids to remember on a busy Halloween night.
Watch for Cars Backing Out
Driveways are an easy danger to overlook. A driver backing out often can’t see a small child behind the vehicle, so teach kids to wait at the end of a driveway until the car has passed.
Pedestrian Safety Tips for Drivers on Halloween Night
Pedestrian safety on Halloween depends just as much on drivers. If you’ll be driving through Dallas neighborhoods on October 31, slow down well below the posted limit from dusk until late evening. Take extra care entering and leaving driveways and alleys, where kids often appear without warning.
Put your phone away before you start the car, and never pass a vehicle stopped at a crosswalk. That driver may be stopping for a child you can’t see. TxDOT also warns that large sport utility vehicles (SUVs) and pickups have big front blind spots, so drivers of those vehicles need to scan even more carefully.
If you’re heading to a Halloween party, plan your sober ride before you leave home. A designated driver, a rideshare, or a sober friend keeps you and everyone walking that night out of harm’s way.
What Texas Law Says About Pedestrians and Drivers
Texas pedestrian safety rules are found in Chapter 552 of the Texas Transportation Code. Many of these rules deal with the right-of-way, which is the legal priority to go first. Under Section 552.003, a driver must stop and yield to a pedestrian in a crosswalk when no traffic signal is operating. A driver also may not pass another vehicle stopped at a crosswalk for a pedestrian.
Pedestrians have duties too. Section 552.005 requires a pedestrian crossing outside a marked crosswalk or an intersection to yield to vehicles. Section 552.006 generally requires people walking where there’s no sidewalk to use the left side of the road, facing traffic.
The rule that matters most on Halloween is Section 552.008. It requires drivers to use due care to avoid hitting pedestrians and to take proper precaution when they see a child on the roadway. Due care means the caution a reasonable driver would use in the same situation.
For example, a driver speeding down a street full of trick-or-treaters may fall short of that standard even if the child crossed mid-block. These details often decide who pays for a family’s medical expenses after a crash.
What to Do After a Pedestrian Accident on Halloween
When a pedestrian is hit by a car, the hours that follow shape both the person’s recovery and any future claim.
Steps to Take Right Away
If your child or another family member is a pedestrian hit by a car on Halloween, take a few steps as soon as it’s safe:
- Call 911 and get medical care, even if injuries seem minor.
- Get the driver’s name, insurance information, and license plate number.
- Photograph the scene, including street lighting, crosswalks, and your child’s costume.
- Collect names and phone numbers from witnesses and neighbors with doorbell cameras.
- Avoid giving a recorded statement to the driver’s insurance company before you speak with a lawyer.
Doorbell and security camera footage can be overwritten or deleted quickly, so ask for it right away.
Deadlines and Shared Fault in Texas
Texas generally gives injured people two years from the date of the injury to file a personal injury lawsuit under Section 16.003 of the Civil Practice and Remedies Code. This deadline is called the statute of limitations, and missing it can end your right to recover compensation.
Insurance companies often argue that a pedestrian, even a child, was partly to blame. Under the state’s modified comparative fault rule in Section 33.001, you can still recover if you are 50 percent or less responsible, though Section 33.012 reduces your award by your share of fault. If a jury finds an injured person 20 percent at fault on a $100,000 claim, the recovery drops to $80,000.
Frequently Asked Questions
Here are answers to a few questions parents ask us every October.
What are the most important Halloween safety tips for kids?
Make your child visible with reflective tape and a flashlight, and choose face paint over a mask. Kids should cross only at corners and crosswalks, and children under 12 should go out with an adult.
Do drivers in Texas have to stop for trick-or-treaters in crosswalks?
Yes. Texas Transportation Code Section 552.003 requires drivers to stop and yield to pedestrians in a crosswalk when no traffic signal is operating.
Can my child still recover compensation if they ran into the street?
Possibly. Even a child pedestrian hit by a car can recover unless found more than 50 percent at fault, and drivers must take extra precautions when they see a child on the road.
How long do I have to file a claim after a pedestrian accident in Dallas?
Texas generally allows two years from the date of injury to file a personal injury lawsuit. Calling us early gives our team time to collect camera footage and witness statements before they disappear.
What pedestrian safety tips should adults follow on Halloween?
Carry a light, wear something reflective, and keep your phone away while walking. If you’ve been drinking at a party, have a sober friend walk you home.
Talk to a Dallas Pedestrian Accident Lawyer After a Halloween Crash
Texas law requires drivers to take proper precaution when they see a child on the road, and a driver who ignores that duty on Halloween night should be held accountable.
Trujillo Gonzalez PC represents children and adults injured in pedestrian accidents throughout Dallas and the surrounding area. Our team gathers camera footage, crash reports, and witness statements, then deals with the insurance company so your family can focus on healing.
Attorneys James Trujillo and Ramon Gonzalez lead our personal injury practice, and we serve clients in English and Spanish. We handle pedestrian accident cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.
Call (972) 550-6818 or contact us online to schedule a free case evaluation with a Dallas pedestrian accident lawyer on our team.
