Essential Guide for Pedestrians Hit by Cars in Texas

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Being involved in a pedestrian accident is a traumatic experience that can lead to significant physical, emotional, and financial damages. In Texas, pedestrians have legal rights when they are hit by a car. It’s essential to understand these rights and the steps you should take in the aftermath of an accident. This guide provides important information on what to do immediately after a pedestrian accident, how a pedestrian accident lawyer can help you, and what you can expect as you seek compensation for your injuries.

What to Do Immediately After Being Hit

Check for Injuries and Call 911

Your health and safety should be your top priority after a pedestrian accident. Take a moment to check for injuries, even if you feel fine at first. Many serious injuries, such as internal bleeding or concussions, may not show symptoms immediately. Calling 911 ensures that emergency medical help is on the way, and it also alerts authorities to the accident, which can be crucial for documenting the incident.

Move to a Safe Location if Possible

If you’re able to move, try to get out of the street to avoid further harm from traffic. If you’re too injured to move, stay where you are and wait for medical help. If you’re unsure about your condition, it’s safest to remain still and avoid further injury.

Exchange Information with the Driver

Get the driver’s name, contact details, driver’s license number, license plate number, and insurance information. This will be vital for your claim, and it’s important to exchange this information even if the driver seems cooperative. If the driver leaves the scene without providing this information, it’s considered a hit-and-run, and the police will need to be informed.

Gather Witness Contact Information

If there are any bystanders or witnesses who saw the accident, ask for their contact details. Eyewitness testimony can be critical in establishing fault and providing an accurate account of what happened.

Take Photos of the Accident Scene

Take pictures of the location of the accident, any damage to the vehicle, any visible injuries, traffic signals, and the surrounding environment. If you’re unable to do this yourself due to your injuries, ask someone nearby or the police to take the photos for you.

Understanding Texas Pedestrian Laws

Pedestrians Have the Right-of-Way at Marked Crosswalks

If you were in a marked crosswalk and the driver hit you, the law is typically on your side. Texas law states that pedestrians have the right-of-way at crosswalks, and drivers are obligated to stop and yield to pedestrians in these designated areas.

Jaywalking Laws and Pedestrian Responsibilities

That said, pedestrians aren’t exempt from following the law themselves. Texas law enforces rules against jaywalking. If you were crossing outside a marked crosswalk or ignoring traffic signals, it could affect your case. That doesn’t mean you don’t have rights, but it does mean you may need a stronger legal argument to win your claim.

Signals and Pedestrian Crossing Points

Pedestrians are also required to use crosswalks when signals permit crossing. Failing to obey pedestrian signals (such as crossing against a “Don’t Walk” sign) can complicate your case, but it doesn’t automatically eliminate your ability to seek compensation.

How a Pedestrian Accident Lawyer Can Help

Pedestrian accident cases can be complicated. While Texas law gives pedestrians certain rights, determining fault and securing the compensation you deserve can be challenging, especially when insurance companies and defense attorneys are involved.

Investigating the Accident and Gathering Evidence

An attorney will gather critical evidence, such as police reports, witness statements, surveillance footage (if available), and expert testimony to establish the facts. They will also analyze the driver’s actions, road conditions, and any pedestrian infrastructure defects that may have contributed to the accident.

Evaluating the Full Extent of Your Injuries

Pedestrian accidents often lead to severe injuries, including broken bones, head trauma, spinal cord injuries, and internal damage. A skilled attorney will ensure that all current and future medical needs are included in your claim.

Negotiating with Insurance Companies

Insurance companies often aim to settle claims quickly for less than they’re worth. A lawyer will handle all negotiations to ensure you receive fair compensation, covering medical bills, lost wages, pain, suffering, and more.

Filing a Personal Injury Lawsuit

If negotiations fail, your lawyer can file a lawsuit and guide you through the legal system. In Texas, you have two years from the date of the accident to file a lawsuit.

Dealing with Comparative Negligence

Texas follows a modified comparative negligence rule. Even if you are partially at fault, you can recover compensation—though your settlement may be reduced in proportion to your fault. A lawyer can help minimize your liability.

Reporting the Accident

Contacting the Police Immediately

A police report serves as an official record of the accident, documenting details that can strengthen your claim.

Filing a Report for Insurance and Legal Purposes

Your lawyer will help you file an accurate and thorough accident report to support your claim.

Obtaining a Copy of the Police Report

Your attorney will use the police report as part of your case, especially if the driver was cited for violations such as running a red light or failing to yield.

Seeking Medical Attention

Immediate Medical Care, Even if Injuries Seem Minor
After being struck by a car, you must seek medical attention immediately, even if you don’t initially feel any pain or notice obvious injuries. Shock and adrenaline can mask the symptoms of more serious injuries, including internal injuries, concussions, whiplash, or soft tissue damage. These conditions may not be apparent right after the accident but could become more pronounced as time passes.

Even seemingly minor injuries can develop into more significant health issues if left untreated. For example, a concussion might not present symptoms right away but could lead to long-term cognitive or physical impairments. Soft tissue injuries, such as muscle strains or ligament damage, may not cause immediate pain but can worsen over time, limiting your mobility and resulting in chronic pain.

Seeking medical attention ensures your health and safety, while also establishing a documented record of your injuries.
Documenting Injuries for Insurance and Legal Claims
Proper documentation of your injuries will help your attorney build a strong legal claim to secure the compensation you deserve. After the accident, your attorney will work closely with your treating physicians to ensure that all injuries—no matter how minor they may seem initially—are thoroughly documented. This includes obtaining medical records, diagnostic imaging (such as X-rays or MRIs), and treatment plans that detail the nature and extent of your injuries.

Medical records serve as the foundation for your insurance claim and legal case. Insurers often scrutinize the details of your injuries to determine the amount of compensation you should receive. Thorough documentation of your injuries, the treatment you have received, and your prognosis, will link your injuries to the accident, and can help prove your demand for compensation for past, current, and future medical care costs.

Your attorney will use this documentation to demonstrate both the short-term and long-term impact of the accident on your health and quality of life.

In addition to documenting physical injuries, a thorough record of medical visits, treatments, and rehabilitation efforts also supports your claim for lost wages, pain and suffering, and other damages that may arise as a result of the accident.
Follow-Up Treatments and Rehabilitation
Many pedestrians involved in accidents experience long-term physical effects that require ongoing medical attention and rehabilitation. Depending on the nature of your injuries, follow-up treatments may include physical therapy, chiropractic care, pain management, or surgery. Some victims may also need psychological support if the accident results in emotional distress or post-traumatic stress disorder (PTSD).

Rehabilitation can be a lengthy and expensive process. It’s important to follow your healthcare provider’s recommended treatment plan and attend all necessary appointments to maximize your recovery. Your pedestrian accident lawyer will help ensure that the costs of these treatments—both immediate and long-term—are included in your personal injury claim.

This can involve coordinating with medical professionals to get an accurate understanding of your rehabilitation needs and anticipated medical costs. Whether it’s ongoing physical therapy, surgeries, or the need for adaptive equipment, these future expenses should be accounted for in your legal claim. Your attorney will also pursue compensation for pain and suffering, diminished quality of life, and any emotional distress caused by the accident.

Compensation for Pedestrians Hit by Cars

Medical Bills and Treatment Costs
This includes a wide range of medical expenses such as hospital stays, emergency room visits, surgeries, diagnostic tests, rehabilitation therapies (like physical or occupational therapy), prescription medications, and any follow-up treatments necessary for your recovery.

In addition to immediate medical expenses, you may also have long-term healthcare needs depending on the nature of your injuries. For example, you might need ongoing care for a traumatic brain injury, spinal cord injury, or severe orthopedic damage. You may require specialized equipment, such as a wheelchair, prosthetics, or home care assistance.

Your pedestrian accident attorney will help ensure that your medical bills, both current and future, are fully included in your compensation claim. By working closely with your treating physicians and experts such as life care planners and economists, your attorney can also estimate the ongoing cost of care, ensuring that these expenses are accounted for in your settlement or lawsuit.
Lost Wages and Earning Capacity
If your injuries prevent you from going to work—either temporarily or permanently—your attorney will pursue compensation for lost wages. This includes the salary or hourly wages you would have earned if the accident had not occurred.

In addition to lost wages during the recovery period, your claim can also address the long-term financial impact of the accident. If your injuries result in permanent disabilities that prevent you from ever returning to your previous job or career, you may be entitled to compensation for diminished earning capacity. This refers to the difference between what you were capable of earning before the accident and what you will be able to earn in the future due to your injuries.

To ensure your lost wages and earning capacity are accurately calculated, your attorney will typically work with experts who can evaluate your career history, qualifications, and the nature of your injuries. These experts will assess how your ability to earn a living has been affected and how it might be impacted in the future. In some cases, vocational experts may be involved to help quantify the loss of future income, especially if you’re forced to change careers or take a lower-paying job due to your injuries.
Pain and Suffering
Compensation for pain and suffering addresses the non-economic harm you’ve endured because of your injuries. This includes not only the immediate pain you experience but also the long-term chronic pain that might result from conditions like nerve damage, joint pain, or spinal issues.

Pain and suffering also take into account how the accident affects your daily life, such as the inability to participate in activities you once enjoyed or the need for constant pain management. If your injury requires ongoing medical treatment like surgeries or physical therapy to manage pain, these future costs can be included as part of your pain and suffering damages.
Compensation for Emotional Distress
The aftermath of a pedestrian accident is not only physically painful but can also lead to lasting emotional trauma. Many victims experience significant emotional distress, which can manifest as anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues. These psychological effects can be just as life-altering as physical injuries, and they deserve to be addressed in your legal claim.

Your attorney will ensure that the emotional impact of the accident is properly recognized and compensated for. This can include working with mental health professionals to provide documentation of any psychological conditions that resulted from the accident, such as anxiety or depression.

We’re on Your Side – Call Now for a 100% Free Consultation!

At Sutliff & Stout, we understand how devastating the aftermath of a pedestrian accident can be. If you were struck by a negligent driver, you must take legal action as soon as possible. Contact Sutliff & Stout today to schedule a 100% free consultation with an experienced pedestrian accident lawyer on our legal team. We can explain your rights, explore your legal options, and help you secure the compensation you deserve for an accident that was not your fault.

Hank Stout
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