If you just got hit by a car while walking, biking, or riding a scooter, move to safety, call 911, and stay at the scene. Get a medical evaluation the same day even if you feel fine. Collect the driver’s name, insurance, and plate. Do not discuss fault, and talk to a lawyer before the other driver’s insurer.
Stay at the scene, call 911, and say nothing about fault. These six steps, in order, protect your health and your claim from the first minute:
These steps apply whether you were walking, biking, riding a scooter, or on a skateboard. The driver’s duty to watch for you does not change with how you were getting around.
Your auto insurance may also help. If you carry PIP or uninsured motorist coverage, it can apply even though you were not in a car, and the steps to take after a pedestrian accident in Texas follow this same order.
What you do in the days after being hit by a car matters just as much as what you do at the scene. The first two weeks shape your medical record and your claim, so handle these in order:
If the driver fled, you are dealing with a hit-and-run, and your uninsured motorist coverage often becomes your main source of recovery. Report it to police and your insurer right away. For the critical early window, what to do in the first 72 hours after a pedestrian accident sets the foundation for everything that follows.
These mistakes can reduce or eliminate your ability to recover compensation after being hit by a car in Texas. Avoid all six:
Each of these hands the other side a reason to pay you less. When you are unsure what to say or sign, say nothing and get advice first.
Drivers owe a duty of care to everyone outside a vehicle, and they are frequently at fault when they fail to yield, speed, run a red light, or drive distracted. When a driver breaches that duty and hits you, the law holds them responsible for the harm they cause.
Texas uses a modified comparative fault rule, so your own actions can affect what you recover. If you are found partially at fault, your compensation drops by your percentage of fault. If you are more than 51% at fault, you cannot recover anything at all.
Liability works slightly differently for cyclists and scooter riders. Insurers often raise lane position, signaling, or whether you wore a helmet to argue you share blame. None of these automatically defeats your claim, but they can become bargaining points an adjuster uses to lower your payout.
Proving who is liable takes evidence and a clear read of Texas law. Texas personal injury lawyers and San Antonio personal injury attorneys can determine fault, counter the insurer’s arguments, and protect your claim.
If a driver’s negligence caused your injuries, Texas law allows you to pursue compensation for the following losses:
The injuries behind these claims range widely, and reviewing the common pedestrian accident injuries shows how severity drives value. Pedestrian and cyclist settlements vary widely based on how serious the injuries are and how fault is divided, so no two cases carry the same number.
Putting an accurate value on all of this is where experienced car accident lawyers earn their keep. The right personal injury lawyers account for future costs the insurer would rather you overlook.
If a driver hits you, you can talk to us before you talk to their insurer, at no cost and no risk. We work on a no fee unless we win basis, so you pay nothing unless we recover money for you. Contact us for a free consultation, and we’ll review what happened, explain your options, and tell you honestly what your claim is worth.
Move to safety, call 911, and stay at the scene. Accept medical care even if you feel fine, collect the driver’s name, insurance, and plate number, get witness contacts, and photograph everything. Do not discuss fault.
Yes. Drivers owe the same duty of care to cyclists and scooter riders as to pedestrians. You can pursue the same compensation, though insurers may raise lane position or helmet use to argue you share fault.
Your own uninsured motorist coverage often steps in to pay, even though you were not in a car. The same applies to hit-and-run cases where the driver is never found. Report it to police and your insurer right away.
Two years from the date of the accident, in most cases. Miss that deadline and you lose the right to recover. Some exceptions apply, so confirm your timeline with a lawyer early.
No, not before getting advice. Their adjuster works to pay you less, and a recorded statement can be used to shift fault onto you. Let a lawyer handle that conversation.
You can still recover, as long as your share of fault is 50% or less. Your compensation drops by your percentage of fault. Cross that line to 51% and you recover nothing under Texas law.
Nothing upfront. Most personal injury lawyers work on contingency, meaning they only get paid if you win, taking a percentage of the recovery. The first consultation is free.
Sí. Hablamos español y atendemos a personas atropelladas en San Antonio y en todo Texas. Revisamos lo que pasó, te explicamos tus opciones y nos encargamos de hablar con la aseguradora. La consulta es gratis y no cobramos a menos que ganemos tu caso.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.