If a car has hit you while you were walking, your primary legal option is often to seek financial compensation for your injuries and losses from the at-fault driver. Working with an experienced pedestrian accident lawyer can make this process less stressful and ensure your rights are protected while you focus on recovery. An insurance claim or a personal injury lawsuit can help you cover medical bills, lost wages, and other significant impacts from the accident.
Key Takeaways for Legal Options for a Pedestrian Hit by a Car
- A pedestrian hit by a vehicle may have the right to seek compensation for medical expenses, lost income, and pain and suffering.
- Determining who is at fault involves the legal concept of negligence, which is based on whether the driver failed to use reasonable care.
- Texas law follows a “proportionate responsibility” rule, meaning a pedestrian can still recover damages even if they were partially at fault, as long as their share of fault is 50% or less.
- Legal options typically include filing a claim with the at-fault driver’s insurance company or, if necessary, pursuing a personal injury lawsuit.
- The time limit to file a personal injury lawsuit in Texas, known as the statute of limitations, is generally two years from the date of the accident.
Understanding Your Rights as a Pedestrian in Texas
In Texas, both drivers and pedestrians have rights and responsibilities to keep the roads safe for everyone. When these rules are broken, accidents happen. The law is designed to protect vulnerable road users, like people on foot.
Drivers have a fundamental “duty of care,” which is a legal term for their responsibility to operate their vehicle safely and watch out for others. This includes paying attention to pedestrians, especially in areas where people are likely to be walking, such as near the San Antonio River Walk or in busy Austin neighborhoods like South Congress.
According to the Texas law, pedestrians also have rules to follow. These laws outline things like:
- Using Crosswalks: When a crosswalk is available, pedestrians should use it. Drivers must yield the right-of-way to a person in a marked or unmarked crosswalk.
- Crossing Outside of Crosswalks: If you cross a street somewhere other than a crosswalk, you must yield the right-of-way to vehicles.
- Following Traffic Signals: Pedestrians must obey “Walk” and “Don’t Walk” signals just as drivers obey traffic lights.
Understanding these rules is important because they often form the basis for determining who was at fault after an accident.
The First Steps to Take After a Pedestrian Accident
After the initial shock of an accident and once you have received emergency medical care, the days that follow can be confusing. When you are back home and able to think more clearly, there are a few practical steps you can take to protect your well-being and any potential legal claim.
- Follow All Medical Advice: Your health is the top priority. Attend all follow-up appointments with your doctor, go to physical therapy, and take any prescribed medications. Following your treatment plan is crucial for your recovery and documents the seriousness of your injuries.
- Keep Detailed Records: Start a file to hold every document related to the accident. This includes medical bills, receipts for prescriptions, the police report, and any letters from insurance companies.
- Track Your Experience: Keep a simple journal to write down how you are feeling each day. Note your pain levels, any physical limitations, and how the injuries are affecting your daily life. This can be very helpful later on for showing the full impact of the accident.
- Be Cautious with Social Media: It is best to avoid posting about your accident or injuries on social media. Insurance companies may look at your posts and try to use them to argue that your injuries aren’t as severe as you claim.
Taking these organizational steps can make a significant difference, helping you stay in control of a situation that can often feel chaotic.
Who is At Fault in a Pedestrian-Vehicle Collision?
Determining fault is one of the most critical parts of any pedestrian accident case. In legal terms, this comes down to proving negligence. Negligence is when a person fails to use a reasonable level of care, and their carelessness causes injury to someone else. A driver who is texting, speeding, or running a red light and hits a pedestrian is a clear example of negligence.
However, fault isn’t always 100% on one person. Texas uses a legal rule called proportionate responsibility, which you might also hear called comparative negligence. This rule, found in the Texas Civil Practice and Remedies Code Chapter 33, means that you can still seek compensation even if you were partially at fault for the accident, as long as your share of the blame is 50% or less. If you are found to be, for example, 20% at fault, any compensation you receive would be reduced by that 20%.
How is fault determined? Investigators and legal teams look at several pieces of evidence:
- The Official Police Report: This report contains the responding officer’s initial observations, diagrams of the scene, and any citations issued.
- Witness Statements: Accounts from people who saw the accident can provide an unbiased perspective of what happened.
- Photos and Videos: Pictures of the accident scene, your injuries, and damage to the vehicle are powerful evidence. Sometimes, traffic cameras or security footage from nearby businesses in areas like downtown Dallas or Houston can capture the entire event.
- Expert Analysis: In some cases, accident reconstruction professionals can analyze the evidence to scientifically determine how the collision occurred.
This careful process helps build a clear picture of the events, which is essential for establishing who is responsible.
Exploring Your Legal Options for a Pedestrian Hit by a Car
After being run over by a car, you have two primary legal avenues for seeking the compensation you need to recover. The path you take will depend on the specifics of your case, including the severity of your injuries and the cooperation of the insurance company.
Filing a Claim with the At-Fault Driver’s Insurance
The most common first step is to file a claim against the at-fault driver’s auto insurance policy. You will notify the insurance company of the accident and your injuries, and they will open an investigation. You will then submit evidence of your losses, including medical bills and proof of lost wages. The goal is to negotiate a fair settlement that covers all of your damages.
It is important to remember that the insurance adjuster works for the insurance company, not for you. Their job is to resolve the claim for as little money as possible. This is why having someone on your side who understands the process can be incredibly valuable.
Pursuing a Personal Injury Lawsuit
If the insurance company denies your claim, refuses to offer a fair settlement, or if the driver’s policy limits are not enough to cover your extensive damages, your next legal option is to file a personal injury lawsuit. This is a formal legal action taken in civil court.
Filing a lawsuit does not mean your case will automatically go to a full trial. In fact, most personal injury cases are settled out of court through ongoing negotiations, mediation, or other forms of dispute resolution. A lawsuit simply elevates the pressure on the other side and allows your legal team to use formal tools like depositions, sworn, out-of-court testimony from witnesses, to build a stronger case.
Choosing between these options depends on many factors, and understanding how pedestrian claims differ from personal injury ones is key to determining the right legal strategy—something best evaluated with guidance from a legal professional who understands the legal options for a pedestrian hit by a car.
What Kind of Compensation Can You Pursue?
When you seek compensation after a pedestrian accident, the law allows you to claim different types of “damages,” which is the legal term for the losses you have suffered. These damages are generally grouped into two main categories.
- Economic Damages: These are the tangible, financial losses that have a specific dollar amount. They include things like all past and future medical bills, lost wages from being unable to work, and any loss of future earning capacity if your injuries leave you with a long-term disability.
- Non-Economic Damages: These damages are for the non-financial, personal losses that are much harder to put a price on. This includes compensation for your physical pain and suffering, emotional distress, mental anguish, disfigurement, and loss of enjoyment of life.
- Punitive Damages: In rare cases where the driver’s conduct was especially reckless or malicious (for example, a drunk driver causing a catastrophic injury), a court may award punitive damages. These are not meant to compensate you for a loss but rather to punish the wrongdoer and deter similar behavior in the future.
Calculating the full and fair value of your claim requires a careful evaluation of all these damages to ensure your settlement or award truly reflects everything you have been through.
How a Pedestrian Accident Lawyer Can Help Navigate Your Case
Trying to handle a legal claim while recovering from serious injuries can be incredibly challenging. A personal injury lawyer who handles pedestrian accident cases can manage the entire legal process for you, allowing you to focus on your health.
A dedicated legal advocate will:
- Conduct a Thorough Investigation: They will gather all the evidence, including police reports, medical records, and witness testimony, to build the strongest possible case on your behalf.
- Handle All Communications: Your lawyer will speak directly with the insurance companies, medical providers, and opposing attorneys, so you don’t have to.
- Accurately Calculate Your Damages: They will work to identify all your current and future losses to determine what fair compensation looks like for you.
- Negotiate for a Full Settlement: With a strong case built on evidence, they will skillfully negotiate with the insurance company to reach a settlement that covers your needs.
- Represent You in Court: If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial and fight for your rights in front of a judge and jury.
You might be wondering how much a personal injury lawyer costs. Most personal injury law firms work on a contingency fee basis. This means you pay no upfront fees, and the lawyer only gets paid if they successfully recover money for you. This arrangement makes quality legal representation accessible to everyone, regardless of their financial situation.
FAQs: Legal Options for a Pedestrian Hit by a Car
Here are answers to some common questions that arise after a pedestrian is hit by a car.
If you were injured in a hit-and-run or by a driver without insurance, you may still have options. You might be able to file a claim under your own auto insurance policy if you have Uninsured/Underinsured Motorist (UM/UIM) coverage. This coverage is designed to protect you in exactly these types of situations.
In Texas, the statute of limitations—the legal deadline for filing a lawsuit—for personal injury cases is generally two years from the date the injury occurred. If you miss this deadline, you will likely lose your right to seek compensation in court forever. It is very important to act quickly to preserve your legal rights.
It is generally not a good idea to accept the first offer. Initial offers from insurance companies are often far lower than what your claim is actually worth. They are made quickly in the hopes that you will accept before you understand the full extent of your injuries and long-term medical needs. It is wise to have any offer reviewed by a legal professional before you sign anything.
Yes, it is still possible. While pedestrians have a duty to yield to traffic when not in a crosswalk, drivers still have a general duty to be aware of their surroundings and avoid collisions. If the driver was speeding, distracted, or otherwise negligent, they could still be held partially or fully responsible for the accident.
The vast majority of personal injury cases are settled before they ever reach a courtroom. A settlement is often reached through negotiation between your lawyer and the insurance company. However, if the insurance company is unwilling to offer a fair amount, being prepared to go to court is your most powerful tool for securing the justice you deserve.
Focus on Healing – Let Us Handle the Legal Details
If you or a loved one has been injured in a pedestrian accident in San Antonio, Austin, Dallas, Houston, or anywhere in Texas, the dedicated team at Ryan Orsatti Law is here to help. We believe in providing compassionate, hands-on guidance to every client. Allow us to navigate the complexities of your case so you can focus on healing.
Contact us today at (210) 525-1200 or through our online form for a free, no-obligation consultation to discuss your case and learn how we can fight for you.