Texas Pedestrian Accident? Crush Insurer Tactics Now

First Steps After a Texas Pedestrian Crash

• Call 911 and request police and EMS. A Texas Peace Officer’s Crash Report creates a critical record.
• Get medical care immediately and follow all treatment plans. Gaps in care are often used to dispute injuries.
• Preserve evidence: photos of the scene, vehicles, skid marks, crosswalk signals, surveillance cameras, and your injuries.
• Identify witnesses and collect names, phone numbers, and any video they captured.
• Do not give a recorded statement to any insurer before getting legal guidance.
• Keep everything: medical records, bills, pay stubs, mileage to appointments, and a pain/symptom journal.

How Texas Fault Rules Affect Your Recovery

Texas follows a modified comparative fault system. If your percentage of responsibility is greater than 50%, you cannot recover damages; if 50% or less, your recovery may be reduced by your percentage of responsibility. See Tex. Civ. Prac. & Rem. Code § 33.001 and § 33.012. Insurers often probe statements about traffic signals, lighting, and visibility to increase a pedestrian’s share of fault.

Common Insurer Tactics—and How to Counter Them

• Quick, low offers before the full scope of injuries is known.
• Recorded statements designed to elicit admissions that increase your assigned fault.
• Medical minimization: pointing to treatment gaps or prior conditions; steering you to insurer-picked providers.
• Surveillance and social media monitoring to challenge activity limitations.
• Causation disputes tying symptoms to unrelated incidents or preexisting conditions.
• Delay tactics to pressure acceptance of less money.

Countermoves: direct all communications through counsel; obtain appropriate diagnostic workups; maintain consistent treatment; limit social media; document daily functional limits; and preserve scene and vehicle data early.

Evidence That Moves the Needle in Texas Pedestrian Cases

• Police crash report and any citations issued.
• Intersection data: signal timing, pedestrian phases, walk/don’t-walk intervals, and timing logs.
• Vehicle event data recorder (EDR) downloads, when available.
• Nearby business or traffic-camera footage preserved quickly before systems overwrite.
• Expert analysis: human factors, accident reconstruction, and visibility/illumination studies.
• Medical opinions linking mechanisms of injury to collision forces.
• Economic loss documentation: missed work, reduced hours, or job modifications.

Damages You May Recover

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Physical pain and mental anguish
• Physical impairment and disfigurement
• Household services and out-of-pocket costs
• Wrongful death damages for eligible family members when a pedestrian is killed (see Tex. Civ. Prac. & Rem. Code ch. 71); note that caps and limits may apply for governmental entities (§ 101.023).

Deadlines and Notice Requirements in Texas

Deadlines can be short and depend on who is involved:

• General personal injury statute of limitations: typically two years from the incident (Tex. Civ. Prac. & Rem. Code § 16.003).
• Claims against governmental units: written notice generally due within six months, with specific content requirements; some cities have shorter charter-based notice deadlines (Tex. Civ. Prac. & Rem. Code § 101.101).

Missing a notice or filing deadline can bar your claim. Speak with counsel promptly so the proper notices are delivered and suit is filed on time.

Special Issues: Government Entities and Road Defects

When a crash involves a city bus, state vehicle, or alleged roadway defects (signals, signage, lighting, or maintenance), different liability standards and damage limitations may apply under the Texas Tort Claims Act. Damage caps can limit recovery against governmental units (§ 101.023). Evidence such as signal maintenance records should be requested promptly, and notice rules are strict (§ 101.101).

What To Do Before the Insurer Calls Again

• Refer calls to your attorney; do not consent to recorded statements.
• Continue all prescribed treatment and attend follow-ups.
• Track symptoms daily and save every bill and receipt.
• Share witness names and any video sources with your lawyer.
• Avoid posting accident or recovery details online.

How Our Firm Pressures Insurers

• Immediate evidence preservation letters to drivers, fleets, and businesses with cameras.
• Rapid inspections and, when appropriate, accident reconstruction.
• Coordination of specialty medical evaluations to establish causation and prognosis.
• Comprehensive damages packages with economic and life-care analyses.
• Strategic negotiation grounded in Texas comparative fault law and trial readiness.

FAQs

Do I have a claim if I was outside the crosswalk?

Possibly. Fault is apportioned in Texas. Even if you were outside a crosswalk, you may recover if your responsibility is 50% or less, though your damages can be reduced.

Should I talk to the driver’s insurer?

No. Refer all communications to your attorney and decline recorded statements.

What if a city vehicle hit me?

Special notice rules and damage caps may apply under the Texas Tort Claims Act. Act quickly to meet notice deadlines.

How soon should I hire a lawyer?

Immediately. Early attorney involvement preserves evidence, controls communications, and helps avoid missed deadlines.

Ready to protect your claim? Contact our Texas pedestrian-injury team for a free, confidential consultation.

Disclaimer: This blog is for general information only, is not legal advice, and does not create an attorney–client relationship. Laws and deadlines (including notice requirements for governmental units) can change and may vary by city charter. Consult a Texas attorney about your specific situation.