Steps To Take After a Pedestrian Accident in Texas

After a pedestrian accident in Texas, move to safety, call 911, get medical care the same day, document the scene, and contact a lawyer before speaking to the driver’s insurance company. Texas law gives you two years to file a claim, but the actions you take in the first 24 hours often decide whether that claim succeeds. 

What To Do Immediately After a Pedestrian Accident in Texas

The two priorities after a pedestrian accident in Texas are calling 911 and getting medical care the same day, even if you feel fine. Adrenaline hides pain, and the injuries that turn out to be serious (internal bleeding, traumatic brain injuries, spinal damage) often don’t show up until hours or days later. Work through these eight steps in order:

1. Get to safety: if you can stand and walk, move out of the road and onto the sidewalk or shoulder so you don’t get hit again.
2. Call 911: report the accident, ask for an ambulance, and request police to the scene so what happened goes on the record.
3. Stay put until help arrives: don’t let the driver talk you into “handling it privately” or leave before officers document the scene.
4. Let paramedics check you: even if you’re planning to refuse the ambulance, their notes become part of your medical record and back up your claim later.
5. Get the driver’s info: write down their full name, license number, insurance company and policy number, license plate, and the make and model of the vehicle.
6. Photograph everything you can: the vehicle, your injuries, where you were hit, skid marks, traffic signals, crosswalks, and any debris in the road.
7. Talk to witnesses before they leave: ask anyone who saw what happened for their name and phone number; if they’re willing, get a short video of them describing it.
8. Go to the ER or urgent care the same day: even if you turn down the ambulance, get checked within 24 hours and hang onto every receipt and discharge paper.

One more thing before any of this happens: if the driver’s insurance company calls you within hours of the accident, don’t answer their questions. A recorded statement given in shock or on pain meds can quietly wipe out a claim that should have paid out. We’ll cover exactly what to say (and not say) below. 

When To Call 911 and File a Police Report

Call 911 every time you’re hit by a vehicle, even if the driver swears it’s not a big deal and wants to settle it privately. A police report is the strongest piece of independent evidence you’ll have in a pedestrian accident claim, and if there isn’t one, the insurance company will use that against you.

When officers show up, keep your account short and factual. Tell them where you were, what direction the car came from, and what you felt or saw at the moment of impact. Don’t guess at speeds, distances, or who was at fault; if you’re not sure about something, say you’re not sure.

Before officers leave the scene, walk away with three things:

• The report number: ask for the incident or case number so you can pull the full report later.
• The responding officer’s name and badge: if details end up missing or wrong, you’ll know who to follow up with.
• Which agency responded: city police, county sheriff, or Texas DPS; that’s who you’ll request the final report from.

Most Texas departments release the crash report within 7 to 10 business days. You can pull it online through the Texas DOT’s CRIS portal or directly from the agency that responded.

If officers turn down the call because your injuries seem minor, don’t let it go. Drive (or have someone drive you) to the nearest police station the same day and file a written report yourself.

Why You Must Get Medical Care the Same Day

See a doctor within 24 hours of being hit, even if you walked away from the scene feeling okay. Same-day treatment creates the medical record that ties your injuries to the accident, and that record is the spine of any pedestrian accident claim in Texas.

Adrenaline does a good job of hiding the injuries that turn out to be the worst ones:

• Traumatic brain injuries: confusion, nausea, blurred vision, or sensitivity to light can take anywhere from 24 to 72 hours to show up.
• Internal bleeding: abdominal pain, dizziness, or shortness of breath may not surface for hours after impact.
• Spinal injuries: numbness, tingling, or weakness in your arms or legs can build over days as the swelling sets in.
• Soft tissue damage: whiplash and torn ligaments usually stiffen up overnight, not at the scene.

Every hour between the accident and your first medical visit is an hour the driver’s insurance company will use against you. Their argument is simple: if you were really hurt, you would have gone to the hospital that day. A 48 or 72-hour delay is the single most common reason a real claim gets denied or settled for far less than it’s worth.

Once you’ve been seen, do what your doctor tells you. Go to physical therapy. Make every follow-up. Fill your prescriptions and hold onto the receipts. The flip side is just as true: every appointment you skip becomes proof the insurance company uses to argue you healed faster than you actually did, and they’ll knock down your settlement to match.

What Evidence To Collect at the Scene

The evidence you gather in the first 30 minutes after a pedestrian accident is what your claim will live or die on. Photos, video, and witness contact info disappear fast, and you can’t go back later to capture what wasn’t there.

Pull out your phone and document the following before you leave:

• Wide shots of the whole scene: the intersection, crosswalk, traffic signals, and surrounding area from a few different angles for context.
• Close-ups of the vehicle: front bumper, hood, windshield, and any visible damage from the impact.
• The point of impact: mark where you were struck and where you landed if those are two different spots.
• Skid marks and debris: glass, broken plastic, vehicle parts, and tire marks all help reconstruct how fast the driver was going.
• Traffic controls: the signal you were facing, pedestrian crossing signs, speed limit signs, and anything blocking the driver’s view.
• Your injuries: photograph them before bandages go on, then again over the next few days as bruising develops.
• Your clothing and belongings: ripped fabric, blood stains, and damaged items back up the severity of what happened.
• The driver’s license and insurance card: photograph both directly; don’t try to copy the numbers by hand.

For witnesses, get a name and phone number at minimum. If anyone’s willing, a short video of them describing what they saw on your phone is worth more than a written statement you take down yourself.

The last thing to do before you stop documenting: back everything up to cloud storage that same night. Phones get lost, broken, and wiped, and the evidence that wins your case shouldn’t live in only one place.

What To Say (and Not Say) To Insurance After a Pedestrian Accident

Don’t give a recorded statement to the driver’s insurance company before you’ve talked to a lawyer. The adjuster is trained to ask questions that sound routine but are built to lock you into statements that quietly shrink or kill your claim. You’re not legally required to speak with them, and refusing won’t hurt your case.

If they call within 24 to 48 hours, that speed isn’t a coincidence. They want your statement while you’re still in shock, on pain meds, or before you’ve figured out how badly you’re hurt. This is one of the most common insurance company tactics Texas pedestrian accident victims run into, and it works on people who don’t see it coming.

When they call, stick to three things:

• Confirm your name and that you were involved: nothing else about the accident itself.
• Get the adjuster’s name, company, and claim number: write it down.
• Tell them your attorney will be in touch: then end the call.

Things you should never say, even casually:

• “I’m fine” or “I feel okay”: any version of this becomes proof your injuries weren’t serious.
• “I didn’t see the car”: it sounds like you weren’t paying attention.
• “I’m sorry”: apologies get twisted into admissions of fault all the time.
• “I think I was in the crosswalk”: if you’re not 100% sure, don’t guess.
• Specific speeds, distances, or times: numbers you toss out under stress rarely match the evidence later, and that hurts your credibility on everything else you say.

Your own insurance company is different. Call them with the basic facts of when and where, especially if you carry uninsured or underinsured motorist coverage (more on that below). Let your lawyer handle everything past that. 

Texas Fault Rules: Can a Pedestrian Be Partially at Fault?

Yes, a pedestrian can be found partially at fault in Texas, and how much fault you carry directly controls how much you can recover. Under Texas personal injury laws, you can still collect compensation as long as you’re found 50% or less responsible for the accident. If a jury or insurance adjuster decides you were 51% or more at fault, you get nothing.

This is called the “modified comparative fault” rule, and it’s the single most important number in your case.

Say your total damages (medical bills, lost wages, pain, and suffering) come to $200,000. If you’re found 20% at fault for stepping outside the crosswalk, you recover $160,000. If you’re found 40% at fault, you recover $120,000. If you’re found 51% at fault, you walk away with zero, even if your injuries are catastrophic.

That’s why the driver’s insurance company will work hard to push your share of fault as high as they can. They’ll argue you were on your phone, wearing dark clothing, jaywalking, distracted, or moving in an unpredictable direction. None of that automatically means you were at fault, but every detail they collect goes toward inflating your percentage.

A few things pedestrians often think put them at fault, but don’t, on their own:

• Walking outside a marked crosswalk: Texas drivers still owe a duty of care to pedestrians.
• Crossing against a “Don’t Walk” signal: the driver may still be primarily at fault if they were speeding, distracted, or impaired.
• Wearing dark clothing at night: relevant context, but doesn’t shift fault by itself.

How fault is determined in Texas is what separates a full settlement from a denied claim, and it’s the part of your case a pedestrian accident lawyer fights hardest on. 

What To Do If the Driver Leaves the Scene

If the driver takes off after hitting you, your case isn’t over. Texas requires every auto insurance policy sold in the state to include uninsured motorist (UM) coverage unless you signed a written waiver rejecting it. That coverage applies to hit-and-run accidents, including when you’re hit as a pedestrian.

The moment the driver flees becomes the most important window of the entire case. Try to capture:

• Make, model, and color of the vehicle: even a partial description helps police narrow the search.
• License plate, full or partial: any digits, letters, or the state of issue.
• Direction the vehicle drove off: which street and which way it turned.
• Time and exact location: down to the cross street and lane.
• Any nearby cameras: businesses, ATMs, doorbells, and traffic cameras that may have captured the vehicle.

Call 911 immediately and tell the dispatcher it’s a hit-and-run. The faster police have the description, the better the chance the driver gets identified. Ask witnesses what they saw before they leave; their account often catches details you missed in the shock of the moment.

After officers arrive, file a formal hit-and-run report. You’ll need this report to file a UM claim with your own insurance company. UM coverage in Texas can pay for medical bills, lost wages, and pain and suffering up to your policy limits, even when the at-fault driver is never found.

If you don’t carry UM coverage, recovery gets harder but isn’t impossible. A lawyer can still investigate the vehicle’s owner through camera footage or police databases, identify other liable parties like employers or rental companies, and apply the general framework for what to do after a personal injury accident. 

How Long Do You Have To File a Pedestrian Accident Claim in Texas?

You have two years from the date of the accident to file a pedestrian accident claim in Texas. This deadline comes from Texas Civil Practice and Remedies Code §16.003, and it applies whether you’re filing against the driver, their insurance company, or any other party that contributed to the accident.

Miss the deadline, and your case is over, no matter how strong the evidence is.

A few exceptions can change that two-year clock:

• Minors: if the injured pedestrian is under 18, the two-year window doesn’t start running until their 18th birthday.
• Wrongful death claims: the family of a pedestrian killed in the accident has two years from the date of death, which is not always the same as the date of impact.
• Injuries discovered later: in rare cases, the clock can start when a serious injury (like a traumatic brain injury or internal damage) is first medically diagnosed, not when the accident happened.

Two years sounds like plenty of time, but it isn’t. Evidence fades, witnesses move, surveillance footage gets overwritten, and insurance companies stall on purpose to push you closer to the deadline. The strongest cases are built in the first 90 days, not the last 90.

Common Injuries After Being Hit by a Car

Pedestrian impacts produce some of the most severe injuries in personal injury law because there’s nothing between your body and several thousand pounds of moving metal. Even at low speeds, the damage compounds: initial impact with the vehicle, secondary impact with the ground, and then often a roll or skid.

The injuries that show up most often in pedestrian cases:

• Traumatic brain injuries: concussions, contusions, and diffuse axonal injury, often without visible head wounds.
• Spinal cord injuries: ranging from herniated discs to partial or complete paralysis.
• Broken bones: legs, hips, pelvis, ribs, and arms; pelvic fractures are especially common in pedestrian-vehicle collisions.
• Internal organ damage: ruptured spleens, lacerated livers, and collapsed lungs from blunt-force trauma.
• Road rash and soft tissue damage: deep abrasions, torn ligaments, and muscle tears from contact with pavement.
• Crush injuries: when a vehicle pins a limb or torso against another surface.

Texas sees some of the highest pedestrian fatality rates in the country, and the survivors often face months or years of treatment, surgery, and rehab. 

Every diagnosis, scan, and treatment record directly drives the value of your claim, which is why complete medical documentation from day one is non-negotiable.

When To Contact a Texas Pedestrian Accident Lawyer

Call a lawyer before you call the driver’s insurance company, ideally within the first 48 hours after the accident. The earlier an attorney gets involved, the more evidence they can preserve. Surveillance footage is overwritten on a 7-day loop, witness memories fade by the week, and vehicle damage disappears once the driver’s car is taken to the shop.

You especially need a lawyer if any of the following apply:

• Your injuries required hospitalization, surgery, or ongoing treatment: the higher the medical bills, the harder the insurer fights.
• The driver’s insurance company has already contacted you: especially if they’re pushing for a recorded statement or a quick settlement.
• The driver disputes fault or claims you stepped into traffic: comparative fault arguments need legal pushback fast.
• The driver fled the scene or was uninsured: UM/UIM claims have their own deadlines and documentation rules.
• A loved one was killed in the accident: wrongful death claims involve different parties, different damages, and a different legal standard.

Experienced personal injury lawyers who handle pedestrian cases take over the entire claim while you focus on recovery: investigating the scene, gathering camera footage, working with accident reconstruction experts, pushing back on lowball offers, and calculating the full types of damages you’re entitled to recover.

At Thompson Law, we handle pedestrian accident cases across Texas, and the first conversation is a free consultation. There’s no fee unless we win your case. Call us at (844) 308-8180 to talk through what happened.

Frequently Asked Questions

Do I need a lawyer if the driver’s insurance offered me a settlement?

Yes, especially if the offer came within days of the accident. Early offers are almost always below what your case is worth, because the insurer hasn’t seen the full picture of your medical bills, lost wages, or long-term recovery. Have a lawyer review any offer before you sign.

Can I file a claim if I was jaywalking when I got hit?

Yes. Jaywalking doesn’t automatically bar your claim in Texas. As long as you’re found 50% or less at fault under the state’s comparative fault rule, you can still recover compensation. The driver’s speed, attention, and impairment all factor in.

How much does a Texas pedestrian accident lawyer cost?

Most pedestrian accident lawyers in Texas work on contingency, meaning no upfront fees and no hourly billing. You pay nothing unless they win your case. At Thompson Law, our fee is a percentage of the settlement, and the consultation is free.

What if the pedestrian accident happened weeks or months ago?

You still have time. Texas gives you two years from the date of the accident to file a claim. The sooner you act, the better, since evidence fades fast, but a delay of a few months doesn’t close the door on your case.

¿Atienden casos de accidentes peatonales en Texas en español?

Sí. En Thompson Law atendemos casos de accidentes peatonales en todo Texas en español. Si fue atropellado o un familiar suyo lo fue, puede llamarnos al (844) 308-8180 para una consulta gratuita con alguien que hable su idioma. No paga nada a menos que ganemos su caso.