What You Should Do if You Are Injured in a Pedestrian Accident in Texas

Pedestrian accidents can be life-altering, leading to physical injuries, emotional distress, and financial burdens. If you find yourself injured in a pedestrian accident in Texas, knowing the steps to take can significantly impact your recovery and ability to receive fair compensation. This guide outlines exactly what you need to do to protect yourself and your rights after a pedestrian accident in Texas.

Quick Summary of Steps to Take After a Pedestrian Accident in Texas:

1. Ensure Safety and Seek Medical Attention
2. Call the Police
3. Gather Evidence
4. Avoid Admitting Fault
5. Notify Your Insurance Company, But Watch What You Say to Insurance Companies
6. Don’t Post on Social Media
7. Consult a Personal Injury Attorney
8. Document Your Financial Expenses and Losses
9. Follow Medical Advice

Following these steps after a pedestrian accident in Texas will help ensure that your health, finances, and legal rights are protected. Below, we’ll take a closer look at each of these critical actions.

1. Ensure Safety and Seek Medical Attention

Your safety and health should be your immediate concerns. If you’re able to move, relocate to a safe area, away from traffic, to avoid further harm.

• Call 911 immediately to report the accident and request an ambulance, even if your injuries seem minor. Some injuries may not show symptoms right away, and a medical professional can identify hidden issues.
• Seek a full medical evaluation and maintain detailed records of all diagnoses, treatments, and recommended follow-ups. These records can be crucial for insurance claims or legal action after a pedestrian accident in Texas.

2. Call the Police

Contacting the police is essential to document the accident and gather necessary evidence.

• When officers arrive, provide accurate details of what happened to the authorities, but avoid speculating or making assumptions.
• Request a copy of the police report, as it will serve as an official account of the incident and may be required by insurance companies or attorneys.

3. Gather Evidence

If you are physically able, take the time to collect evidence at the scene. This can be pivotal if disputes arise later.

• Photograph the scene, including your visible injuries, the vehicle(s) involved, road conditions, traffic signals, and anything else that might have contributed to the accident.
• Collect contact information from the driver, witnesses, and anyone involved in the incident. Be sure to note the driver’s insurance details and license plate number.
• Write down everything you remember about the accident while details are fresh in your mind.

4. Avoid Admitting Fault

What you say in the immediate aftermath of a pedestrian accident in Texas can be used against you later.

• Focus only on stating the facts as you experienced them. Even simple phrases such as “I didn’t see the car” can be misconstrued as an admission of fault.
• Don’t say you are sorry or were at fault. Leave the process of determining fault to the police, insurance adjusters, and legal professionals.

5. Notify Your Insurance Company, But Watch What You Say to Insurance Companies

Even as a pedestrian, you should notify your insurance company about the accident if you have healthcare or auto insurance.

• Provide only the basics – date, time, and location of the incident. Avoid giving recorded statements or discussing fault until you’ve consulted with an attorney.
• Insurance companies often aim to minimize payouts, so be cautious in all communication to protect your interests.

6. Don’t Post on Social Media

• Be mindful of what you share online after an injury accident.
• Avoid posting photos, status updates, or comments regarding the accident, your injuries, or the parties involved.
• Insurance adjusters and opposing attorneys often monitor social media, and any seemingly innocent post could be used to downplay your injuries or claim.

7. Consult a Texas Pedestrian Accident Lawyer

• Navigating the laws regarding pedestrian accidents in Texas can be complex, especially if liability is contested or if the accident resulted in severe injuries.
• An experienced Texas pedestrian accident attorney can evaluate your case, advise you on your options, and negotiate with insurance companies on your behalf.
• Attorneys can also help you pursue compensation for medical bills, lost wages, property damage, and pain and suffering.

8. Document Your Financial Expenses and Losses

It’s critical to track all expenses related to your accident meticulously.

• Keep receipts, invoices, and statements for medical treatments, medications, and therapy.
• Record time you miss from work and the corresponding loss of income.
• Additionally, document other costs associated with the accident, such as transportation to medical appointments or hiring help for daily tasks you’re unable to perform.

9. Follow Medical Advice

Recovering from your injuries requires strict adherence to your doctor’s recommendations.

• Attend all medical appointments and follow prescribed treatment plans. Ignoring medical advice can hinder your recovery and may also impact your ability to claim compensation.
• Maintain a personal log of your symptoms, progress, and any additional treatments you need.

Get Legal Help After a Pedestrian Accident in Texas

Being injured in a pedestrian accident in Texas can be a frightening and overwhelming experience, but taking the right steps can make a significant difference in protecting your health and legal rights. By staying calm, seeking help, and closely following this guide, you can better position yourself for physical recovery and financial compensation.

If you have any doubts or questions, don’t hesitate to seek advice from trusted professionals, especially a Texas pedestrian accident attorney who understands Texas laws and procedures.

Remember, every step matters when it comes to regaining control after an accident. Take action today to secure your future, and call Thompson Law for a FREE CONSULTATION.

Frequently Asked Questions Regarding Pedestrian Accidents in Texas

1. Who is at fault in a pedestrian accident in Texas?

Fault in a pedestrian accident depends on the circumstances of the incident. Drivers are often at fault if they were speeding, distracted, or violating traffic laws, such as failing to yield at a crosswalk. However, pedestrians can also be at fault if they recklessly entered the road, ignored traffic signals, or acted unpredictably. Determining fault typically requires examining evidence like police reports, witness statements, and traffic laws.

2. Can I still pursue compensation if I was partially at fault for a pedestrian accident in Texas?

Yes, Texas follows a comparative negligence rule. This means you can pursue compensation as long as you are not more than 51% responsible for the accident. However, your compensation will be reduced based on your percentage of fault.

3. How long do I have to file a claim after a pedestrian accident in Texas?

The statute of limitations (SOL) in Texas for personal injury claims is generally two years from the date of the accident. However, it’s essential to act quickly to preserve evidence and strengthen your case.

If your pedestrian accident occurs in a state other than Texas, the SOL may vary depending on that state’s laws. Each state sets its own timeframe for filing a personal injury claim, and these time limits can range from one year to several years.