Being hit by a car while walking can turn your life upside down. Pedestrian accidents happen alarmingly often in Texas, whether in the city streets in and around San Antonio or across the Rio Grande Valley. Knowing the right steps to take can make all the difference in your physical recovery and whether you’re entitled to financial compensation.
Our experienced personal injury attorneys in McAllen and San Antonio have helped countless pedestrian accident victims get the best outcome. Here’s what you need to know — and what you need to do — if you or a loved one has been struck by a vehicle.
Immediate Steps to Take after Being Hit by a Car in Texas
1. Prioritize Your Safety First
If you’re able to move after being hit, get to a safe location away from traffic. However, if you suspect a spinal injury or feel severe pain, it’s best to stay still until emergency responders arrive. Moving with certain injuries can cause additional damage.
2. Call 911 Right Away
The next step you should take is to contact law enforcement immediately. This is a vital step, as the responding officer will create a crash report documenting crucial details about the accident. These details include:
- The driver’s information
- Witness statements
- Road and weather conditions
- The officer’s observations
- Contributing factors to — or the primary causes of — the accident.
This report is critical evidence if you pursue a personal injury claim.
In Texas, you must report an accident if anyone sustains injuries in an accident. However, there are benefits of notifying the police even if you’re not legally obligated to.
3. Get Medical Attention, Even If You Feel Okay
Unfortunately, pedestrian accidents are among the most dangerous, given the size and weight of a vehicle hitting an unprotected person at speed. However, not all serious injuries show symptoms immediately after an accident. Adrenaline can mask pain, and conditions like internal bleeding, concussions, or soft tissue injuries might not become apparent for hours or even days.
Seeking medical attention serves two purposes: it ensures any hidden injuries are identified early, and it creates an official record linking your injuries to the accident. Without this documentation, an insurance company might later claim your injuries happened because of something else.
4. Document Everything You Can
If your injuries allow, and it is safe to do so, gather as much evidence as possible at the scene. Road conditions change quickly, so photographs and videos can be among the most valuable evidence documenting the crash.
Consider taking photographs of:
- Where the accident happened
- Your visible injuries
- The vehicle that struck you
- Any relevant traffic signals or signs
- Road conditions or hazards.
Also collect contact information from any witnesses. A Texas pedestrian accident attorney can contact them for a statement. Their testimony can prove invaluable, especially if the driver disputes what happened.
5. Be Careful What You Say
After an accident, you might instinctively want to apologize or make statements about what happened. Don’t. Even innocent comments like, “I didn’t see the car coming” could be twisted and used against you later.
When speaking with the driver, witnesses, and especially insurance adjusters, stick to the basic facts. Save detailed explanations for your attorney, who can help you present your case in the strongest possible way.
Your Legal Rights as a Pedestrian in Texas
Understanding Who Has the Right of Way
Texas laws regarding pedestrian right of way aren’t as straightforward as you might think. Generally, pedestrians have the right of way in marked crosswalks and at intersections. However, the situation becomes more complicated if you were crossing outside a designated area.
Take this scenario:
You’re crossing at a marked crosswalk with the “walk” signal displayed. A driver makes a right turn and strikes you because they failed to check for pedestrians. In this case, the driver clearly violated your right of way, strengthening your claim considerably.
However, if you dart across a busy street outside of a crosswalk (jaywalking), you might share some responsibility for the accident.
But does that mean you can’t recover compensation?
Comparative Negligence and Why You Might Still Be Able to Claim
Every state has negligence laws, which determine whether you can claim compensation when you’re partly at fault for your accident. Texas follows a “modified comparative negligence” rule with a 51% bar. This means:
- If you’re more than 50% responsible, you cannot recover damages
- If you are less than 51% at fault, your compensation is reduced by your liability.
For example, if your total damages amount to $100,000, but you’re determined to be 20% at fault for crossing against a signal, you would recover $80,000.
An experienced personal injury attorney can work to minimize your assigned percentage of fault and maximize your compensation. When you’re entitled to a sizable amount, reducing your liability can make a massive difference, potentially representing thousands or tens of thousands in additional compensation.
Driver Responsibilities
Drivers in Texas have a legal duty to exercise reasonable care around pedestrians. This includes:
- Yielding to pedestrians at crosswalks
- Maintaining a proper lookout for pedestrians
- Driving at safe speeds, especially in areas with high foot traffic
- Avoiding distractions like texting
- Remaining sober behind the wheel.
When a driver violates these responsibilities and hits a pedestrian, they can be held liable for the resulting injuries and damages.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often cause severe injuries because the human body has no protection against the force of a vehicle. Some of the most common injuries sustained in pedestrian accidents are:
Broken Bones and Fractures
When a vehicle strikes a pedestrian, the impact often causes fractures, particularly in the legs, arms, hips, and ribs. These injuries can require surgery, metal plates or screws, and months of physical therapy. Some victims never regain full function of the affected limb.
Traumatic Brain Injuries
The force of impact can cause your head to strike the vehicle or the pavement, resulting in a traumatic brain injury (TBI). TBIs range from mild concussions to severe brain damage that can affect memory, cognition, and personality.
TBIs are particularly concerning because their effects might not be immediately apparent. You might initially feel fine, only to experience symptoms days later. This fact makes immediate medical attention so much more important.
Spinal Cord Injuries
Damage to the spinal cord can result in partial or complete paralysis. These catastrophic injuries often require lifelong care, home modifications, and assistive devices. The financial impact of a spinal cord injury can easily reach into the millions over a lifetime.
Internal Injuries
The blunt force trauma from being hit by a car can damage the internal organs, causing internal bleeding that might not be visible to the naked eye. These injuries can be life-threatening if not promptly diagnosed and treated.
Soft Tissue Injuries
Sprains, strains, and tears to muscles, tendons, and ligaments are common in pedestrian accidents. While not as visibly dramatic as fractures or TBIs, these injuries can cause chronic pain and mobility issues that can significantly impact your quality of life.
Emotional and Psychological Trauma
The psychological impact of being hit by a car shouldn’t be underestimated. Many victims develop anxiety, depression, or post-traumatic stress disorder (PTSD) after a pedestrian accident. You might experience flashbacks, fear crossing the street, or develop phobias related to traffic. These emotional injuries are legitimate damages in a personal injury claim and can be substantial, especially if they impact your quality of life.
Building a Strong Case: The Evidence You Need
The strength of your pedestrian accident claim largely comes down to the evidence supporting your claim. Here’s what can make or break your case:
Medical Records and Documentation
Your medical records are the foundation of your claim, as they establish the extent and causation of your injuries. Make sure to keep detailed records of:
- Emergency room visits
- Doctor’s appointments
- Diagnostic tests (X-rays, MRIs, CT scans)
- Prescriptions and medications
- Physical therapy sessions
- Mental health treatment.
Also keep records of all related expenses, including transportation to medical appointments and costs for medical equipment like crutches or braces.
The Police Report
The police report provides an official account of the accident. The contributing factors and the police officer’s account can help paint a picture of how the accident happened and who is responsible. It can take a couple of weeks for your crash report to be made available, but you should aim to get a certified copy from the Texas Department of Transportation as soon as you can. Alternatively, your attorney can do this for you.
Witness Statements
Independent witnesses can provide crucial testimony about how the accident occurred. Their accounts can verify that you had the right of way or that the driver was distracted, speeding, or otherwise negligent.
Surveillance Footage
In today’s world, cameras are everywhere. Check if the accident was captured by:
- Traffic cameras
- Business security cameras
- Doorbell cameras from nearby homes
- Dashboard cameras from other vehicles.
This footage can provide indisputable evidence of what happened, but it’s often automatically deleted after a short period, so acting quickly is essential. A personal injury attorney can help you with this process.
Your Personal Account
The setbacks you face during your recovery often fade from memory over time, but these details can significantly impact the compensation you receive. This is why maintaining a detailed personal account can be invaluable.
A pain journal is a real-time record of your recovery journey. Unlike medical records that document clinical observations, your journal captures the day-to-day reality of living with your injuries — details you might not remember when prompted. For example, you might not recall exactly how much pain you experienced six months ago, or which activities you couldn’t perform last spring. Fortunately, a pain journal preserves that record.
Start by documenting your pain levels throughout each day, noting when they spike and what — if anything — has triggered them. Be specific about the type of pain — is it sharp or a constant dull ache? Does it radiate to other parts of your body? This detailed account helps establish patterns that might not be captured during brief medical appointments.
Beyond your physical pain, record how your injuries limit your daily activities. Perhaps you can no longer carry groceries from your car, play with your grandchildren, or even perform basic self-care without assistance. These seemingly minor limitations add up to a significant impact on your quality of life — something you are entitled to compensation for.
Don’t forget to document the emotional impact of your accident, either. Your journal provides space to express feelings of frustration, anxiety, or depression.
When presented as evidence, your journal creates a compelling narrative that helps insurance adjusters, judges, and juries understand the full impact of your injuries. While medical records might show that you suffered a broken leg, your journal can reveal what living with that broken leg actually means for your daily life — the sleep lost due to pain, the family events missed, and the embarrassment of relying on others and losing your independence during your recovery.
Remember, your journal doesn’t need to be perfectly written. What matters is honesty, consistency, and detail. Date each entry, write in your own voice, and don’t minimize your struggles. This document can be a powerful tool that helps your attorney paint a complete picture of your damages and fight for the full compensation you deserve.
Dealing with Insurance Companies After a Pedestrian Accident
Insurance adjusters might seem friendly and concerned about your wellbeing, but their job is to minimize their company’s payout. They do this by disputing your injuries and their impact on your life, and reducing their client’s (the driver who hit you in the street) blame.
Here’s how to protect yourself:
Never Give a Recorded Statement without Legal Advice
Insurance companies often request recorded statements shortly after an accident. They’re hoping to catch you when you’re still in shock, in pain, or on medication, potentially getting you to say something they can use against you later.
Politely decline to provide a statement until you’ve consulted with an attorney. You aren’t being difficult — you’re protecting your legal rights.
Don’t Accept a Quick Settlement
Insurance companies frequently offer quick settlements, hoping you’ll accept before you fully understand the extent of your injuries or the true value of your claim.
These initial offers are almost always far less than what your case is worth, especially if you have severe injuries that may require long-term care. Once you accept a settlement, you can’t ask for more later — even if your condition worsens.
What Compensation Can You Recover?
In a personal injury claim, you receive compensation for damages, which represent your losses. But there are several types of damages you can recover. Here’s what you might be entitled to if you’ve been hit by a car in Texas:
Economic Damages
Economic damages are the tangible, calculable costs of your accident. They include:
- Past and future medical expenses
- Lost wages for time missed from work
- Loss of earning capacity if you can’t return to your previous job
- Property damage (glasses, cell phone, clothing, etc.)
- Home modifications needed to accommodate a disability or enable independence
- The cost of hiring help for tasks you can no longer perform.
Non-Economic Damages
These damages compensate for less tangible, but equally real, consequences:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium (impact on personal relationships).
If you go to trial and there is evidence of extreme negligence or malicious behavior, a jury might also award punitive damages, which punish the wrongdoer and deter similar conduct.
Why You Need a Personal Injury Attorney
After being hit by a car, you’re already dealing with physical pain, emotional trauma, and disruption to your life. Trying to cope with complex legal procedures on your own adds unnecessary stress and puts you at risk of receiving less compensation than you deserve.
An experienced personal injury attorney can:
- Thoroughly investigate your accident to establish who is responsible
- Calculate the full value of your claim, including your future needs and losses
- Handle all communications with insurance companies
- Gather and preserve critical evidence
- Consult with medical experts about your prognosis
- Negotiate aggressively for a fair settlement
- Take your case to trial if necessary.
At Patino Law Firm, we’ve helped countless pedestrian accident victims across Texas secure the compensation they need to rebuild their lives. Our team understands both the legal complexities and the physical and emotional challenges you’re facing.
The Clock Is Ticking: Understanding the Statute of Limitations
In Texas, you generally have two years from your accident to file a personal injury lawsuit. This might seem like plenty of time, but building a strong case takes time, and evidence can disappear quickly.
If you miss this deadline, you’ll lose your right to compensation entirely, regardless of how severe your injuries are or how clear the driver’s fault might be.
Most claims are settled out of court during settlement negotiations, as going to trial is a risk for both parties — not to mention that it can take months or years to get a trial date. But even if you’re set on going to trial, insurers will likely still want to negotiate a settlement, and the process takes time. That’s why we recommend getting in touch with a pedestrian accident attorney as soon as possible after an accident. We can make sure you don’t miss the statute of limitations deadline and gather evidence quickly to establish a strong position in negotiations.
Contact a Texas Pedestrian Accident Attorney Today
If you or a loved one has been hit by a car, our experienced personal injury attorneys in San Antonio and McAllen are ready to help you get the compensation you deserve.
We offer a free, no-obligation case review, and you pay no fees unless we win your case. Contact us today by calling 855-LAW-NINJA or filling out our online form to schedule your consultation.
We’ll handle the legal process while you focus on what matters most — your recovery and getting your life back on track.
