A pedestrian accident can change your life in seconds. Whether you were hit in a crosswalk, at an intersection, or while walking along the road, what you do in the first few hours can directly impact your health, your financial recovery, and your legal rights.
Pedestrian accident claims in Texas are often contested. Insurance companies move quickly — and so should you.
This guide explains exactly what to do after a pedestrian accident in Texas, how fault works, and how to protect your right to compensation.
Why Immediate Action After a Pedestrian Accident Is Critical
Pedestrians are the most vulnerable road users. Unlike drivers, they have no protection from impact.
Even low-speed collisions can cause:
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Traumatic brain injuries (TBI)
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Internal bleeding
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Spinal cord damage
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Broken bones
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Long-term mobility impairment
Delays in medical treatment or documentation can weaken both your recovery and your injury claim.
Step 1: Prioritize Safety and Emergency Response
1. Move to Safety (If Physically Able)
If you can move without worsening injuries, get out of traffic immediately. Secondary impacts are common and dangerous.
Do not leave the scene unless emergency transport is required.
2. Call 911 Immediately
Always report the accident.
A police report:
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Creates an official record
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Documents driver statements
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Identifies witnesses
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Records initial fault observations
This document becomes foundational evidence in a Texas pedestrian accident claim.
3. Seek Medical Attention — Even If You Feel “Fine”
Adrenaline masks pain.
Common delayed injuries include:
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Concussions
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Internal bleeding
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Soft tissue injuries
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Neck and back trauma
Critical legal note:
Insurance companies frequently argue that delayed treatment means the injury wasn’t serious or wasn’t caused by the accident.
Step 2: Preserve Evidence at the Scene
Evidence disappears quickly. Skid marks fade. Surveillance footage is overwritten. Witnesses leave.
If physically possible (or with help), document:
Scene Evidence
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Photos of the vehicle and license plate
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Damage to the vehicle
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Your visible injuries
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Crosswalk signals and traffic lights
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Road conditions and signage
Driver Information
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Full name
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License number
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Insurance details
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Vehicle registration
Witness Information
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Names
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Phone numbers
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Brief statements if possible
Never rely solely on the driver’s insurer to “handle it.” Their goal is cost reduction, not fairness.
Step 3: Protect Yourself When Dealing With Insurance Companies
Insurance adjusters often call within days — sometimes within hours.
Before speaking to them, understand:
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You are not required to give a recorded statement immediately.
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Anything you say may be used to reduce your claim.
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Early settlement offers are usually far below case value.
Best Practice:
Provide only:
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Date
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Time
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Location
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Confirmation that you were injured
Avoid discussing:
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Fault
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Speed
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“How you feel”
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Speculation about what happened
Understanding Texas Pedestrian Accident Laws
Texas follows a modified comparative fault rule (51% bar rule).
This means:
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You can recover compensation if you are 50% or less at fault
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Your compensation is reduced by your fault percentage
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If you are 51% or more at fault, you recover nothing
Drivers and insurers often argue pedestrians:
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Were not in a crosswalk
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Crossed against a signal
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Were distracted
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“Came out of nowhere”
Early evidence can be the difference between partial compensation and full recovery.
Common Mistakes That Reduce Pedestrian Accident Compensation
Avoid these errors:
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Leaving without a police report
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Delaying medical care
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Apologizing at the scene
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Posting on social media
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Accepting quick settlements
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Failing to gather witness information
Studies and legal trends consistently show that pedestrians who preserve evidence and seek legal guidance recover significantly more than those who rely solely on insurers.
Why Early Legal Guidance Matters in Pedestrian Injury Cases
Pedestrian injuries are typically more severe than vehicle-to-vehicle accidents. They also involve higher dispute rates over fault.
An experienced pedestrian injury lawyer can:
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Secure traffic and surveillance footage
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Reconstruct the accident
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Obtain black box vehicle data
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Work with medical experts
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Calculate long-term damages
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Handle insurance negotiations
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Protect you from fault-shifting tactics
This is especially important when injuries impact:
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Mobility
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Employment
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Long-term earning capacity
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Future medical needs
Real-World Example: Evidence Changed the Outcome
A pedestrian was struck at dusk. The driver claimed the pedestrian “ran into traffic.”
However:
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Photos showed the crosswalk signal was active
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Witnesses confirmed speeding
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Nearby footage showed no braking attempt
Because evidence was preserved immediately, the pedestrian recovered full compensation for:
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Medical bills
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Lost income
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Pain and suffering
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Ongoing treatment
Without early documentation, the outcome could have been very different.
How Long Do You Have to File a Claim in Texas?
In most cases, the statute of limitations for personal injury in Texas is:
Two years from the date of the accident.
However, waiting is risky because:
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Evidence can disappear
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Witness memory fades
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Insurance strategies intensify over time
Final Thoughts: The First 24 Hours Matter Most
After a pedestrian accident in Texas:
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Get to safety
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Call 911
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Seek immediate medical care
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Document everything
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Be cautious with insurance companies
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Understand your legal options
You don’t need to make every legal decision immediately — but you must make the right first ones.
Acting quickly protects both your physical recovery and your financial future.
Frequently Asked Questions
1. What should I do immediately after being hit by a car in Texas?
Call 911, seek medical attention, and ensure a police report is created before leaving the scene.
2. Can I file a claim if I wasn’t in a crosswalk?
Yes. Fault is determined by multiple factors, not just crosswalk location.
3. Should I speak to the driver’s insurance company?
You may provide basic information, but avoid recorded statements without legal advice.
4. How long do I have to file a pedestrian accident lawsuit in Texas?
Generally, two years from the accident date.
5. When should I contact a pedestrian accident lawyer?
Immediately if injuries are serious, fault is disputed, or insurance companies pressure you to settle.