Injured Pedestrian in Texas? Get Personal Injury Help

What To Do After a Pedestrian Accident

• Call 911 and seek medical care, even if injuries seem minor; some conditions appear hours or days later.
• Report the crash to law enforcement and request the report number.
• Gather evidence if it is safe: photos of the scene, vehicle damage, skid marks, crosswalks, traffic signals, lighting, and your injuries.
• Collect information from the driver and any witnesses: names, contact details, insurance, and license plate.
• Preserve records: medical records, receipts, time off work, and all communications with insurers.
• Be cautious with insurers: avoid recorded statements or broad medical authorizations until you have spoken with an attorney.

Understanding Fault in Texas Pedestrian Accidents

Texas uses a modified comparative negligence system called proportionate responsibility. Your compensation can be reduced by your percentage of fault, and you cannot recover if you are more than 50% responsible for the incident (see Tex. Civ. Prac. & Rem. Code ch. 33, including § 33.001). Fault assessments consider compliance with traffic signals, right-of-way rules, crosswalk use, speed, distraction, impairment, and overall reasonableness. Evidence such as police reports, video, vehicle event data, scene measurements, and expert analysis often influences liability.

Common Causes and Injuries

Frequent causes include failure to yield, speeding, distracted or impaired driving, unsafe turns, and poor visibility. Injuries may include fractures, traumatic brain injuries, spinal trauma, internal injuries, and significant soft-tissue damage. Early diagnosis and following your treatment plan help document damages and support your claim.

Insurance Claims and Potential Compensation

Potential sources of recovery include:

• At-fault driver’s liability insurance.
• Your auto policy if it includes personal injury protection (PIP) or medical payments (MedPay).
• Uninsured/underinsured motorist (UM/UIM) coverage if the at-fault driver lacks adequate insurance.

Recoverable damages may include medical expenses, lost income, diminished earning capacity, pain and suffering, and, in serious cases, long-term care needs. Document all costs and avoid settling before the full extent of injuries and future care are understood.

Why Legal Help Matters

Insurers may dispute fault or minimize injuries. An attorney can preserve evidence, coordinate expert evaluations, calculate damages, manage insurer communications, and, when needed, file suit and litigate. Prompt counsel helps protect your rights and ensures deadlines are identified and met.

Key Texas Laws That May Affect Your Case

• Comparative negligence (51% bar): Recovery is reduced by your share of fault and barred if you are more than 50% at fault (Tex. Civ. Prac. & Rem. Code ch. 33).
• Pedestrian signals and right-of-way: Pedestrians must obey traffic control devices; drivers must yield where the law specifies (e.g., to a pedestrian facing a Walk signal), and drivers must exercise due care to avoid collisions (see Tex. Transp. Code ch. 552, including §§ 552.003, 552.005, 552.008). Texas law recognizes marked and unmarked crosswalks at intersections (definition at Tex. Transp. Code § 541.010).
• Sidewalk and roadway walking rules: If a sidewalk is available, a pedestrian generally may not walk along the roadway; if no sidewalk, the pedestrian should walk on the left side facing traffic (Tex. Transp. Code § 552.006).
• Device use and impaired driving: Texas restricts texting while driving and related device use, and prohibits driving while intoxicated (see Tex. Transp. Code ch. 545, including § 545.4251; and Tex. Penal Code § 49.04).

Evidence Checklist

• Police crash report and any supplemental investigations
• Photos/video (scene, vehicles, injuries; dashcams; nearby businesses; traffic cameras if obtainable)
• Medical records and expert opinions
• Proof of lost wages and employment records
• Vehicle event data (when available)
• Scene measurements, lighting conditions, signage, signal timing
• Prior complaints, collisions, or citations related to the location or driver

Acting Within Legal Deadlines

Texas generally provides a two-year limitations period for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003), but exceptions may shorten or extend this time. Claims involving government entities have additional notice requirements that can be as short as six months (Tex. Civ. Prac. & Rem. Code § 101.101). Deadlines vary by facts and parties, so consult an attorney promptly to identify and preserve your rights.

FAQ

What if I was outside a crosswalk?

You may still recover damages if the driver was primarily at fault. However, compensation can be reduced by your share of responsibility under Texas proportionate responsibility rules.

Do I have to give a recorded statement to the insurer?

No. You can decline until you have legal counsel. Statements can be used to minimize your claim.

What if the driver fled the scene?

Report immediately. Potential sources include UM coverage, crime victim compensation, and any identified defendant once located.

How long will my claim take?

Timelines vary with medical treatment, liability disputes, and insurer responsiveness. Many claims resolve after maximum medical improvement.

How Our Firm Can Help

• Free, no-obligation consultation
• Thorough evaluation of liability and damages
• Coordination of medical care and billing issues
• Strategic negotiation with insurers
• Trial-ready litigation if a fair settlement is not offered

Contact us today to discuss your options.

Disclaimer

This post is for general informational purposes only and is not legal advice. Laws change and outcomes depend on specific facts. Consult a licensed Texas attorney about your situation. Reading this post does not create an attorney–client relationship.