I Got Hit By a Car, Now What? Pedestrian Rights in Texas

Pedestrian splayed out on road after a car accident. I got hit by a car.Walking and cycling are encouraged as activities promoting a healthy body, calmer mind, and cleaner environment. Most walkers and cyclists will experience those benefits; however, they are also at risk for devastating, unwanted consequences. Pedestrians and cyclists are vulnerable road users, sharing busy Texas roadways with cars, SUVs, and other motor vehicles, and unfortunately, accidents happen. I got hit by a car, now what?

Connecting with a skilled Texas car accident lawyer is a critical step after being hit by a car. Your injuries and losses demand compensation, and the legal team at J.D. Silva & Associates, PLLC will fight to get you the substantial financial compensation you deserve for your losses.

Protect Your Health and Safety

It is rare to walk away without injury after being hit by a car. Even a minor bump from a low-speed vehicle is damaging to a person. The human body is no match for a motor vehicle, and pedestrians and cyclists have no protection upon impact – except perhaps for a bicycle helmet. A low-speed collision can cause bone breaks and / or soft tissue damage. Victims can also sustain a serious head or spinal cord injury.

Therefore, the first order of business after being hit by a car is to get medical attention. If your injuries are particularly severe, you will have no choice but to wait for emergency medical services to tend to you. If you are conscious but have sustained a head, neck, or back injury, stay still and wait for emergency care.

If you do not think your injuries require emergency care, see a doctor within a few hours or days of the incident anyway. In the high-charged aftermath of the auto accident, surges of adrenaline may prevent you from feeling pain or recognizing other injury symptoms. Further, the effects of some serious and deadly injuries take a little while to appear. Prompt medical care gets you diagnosed and treated before conditions worsen, potentially saving you from long-term consequences – or even saving your life.

Protect Your Car Accident Injury Claim

medical attention I got hit by a carThere are additional ways to protect your car accident claim immediately following a crash. Though you may not think your injuries are major, you should say nothing that minimizes them. In fact, do not discuss your injuries at all. If the person who hits you asks if you are okay, saying “yes” or “I think so” are the wrong answers. You can simply say you need to see a doctor.

Then, get the driver’s contact and insurance information. The Texas Transportation Code requires drivers involved in accidents causing injury or death to stop at the scene, render aid, and wait for law enforcement to arrive. Get the name and badge number of the responding officer who makes the accident report.

Collect Evidence

Provided it is safe for you to move, start collecting evidence. Take pictures or videos of the accident scene, license plates of the vehicles involved, your injuries, and the environment overall. If there are witnesses, get their contact information and ask them to send you any pictures or videos they may have recorded. This evidence can help your car accident lawyer build your case.

Protect Your Rights with Help from a Texas Car Accident Lawyer

Partner with a Texas car accident lawyer as soon as possible after the collision. Your attorney can help you sort through the applicable insurance policies and start building a case against the at-fault party or parties. No two accidents are the same, and a personal injury attorney is in the best position to protect your interests no matter your circumstances. For example:

  • If the accident was a hit-and-run, your uninsured / underinsured auto insurance may cover you. Texas requires all drivers to carry this type of auto insurance, but not every policy covers policyholders who are hit as pedestrians or cyclists. Your attorney will review your policy carefully to ensure your insurance company treats you fairly.
  • You may bear no fault at all for the accident. As a pedestrian following the rules, you have the right to hold drivers accountable for violating your right to safety. Your attorney will gather evidence to prove the responsibility of the at-fault party in order for you to obtain financial compensation.
  • You may bear some fault for the collision. The Texas Transportation Code includes laws governing pedestrians’ road-sharing behaviors and regulations for cyclists. Since Texas follows a modified comparative fault system for personal injury cases, your percentage of blame determines your eligibility to collect damages and can lead to a reduction in compensation. Your attorney will fight to protect you from unwarranted accusations.

Your lawyer will handle all conversations with insurance representatives and law enforcement and will compile comprehensive evidence to support your claim.

Texas Pedestrian and Cyclist Accident Statistics

cyclist accident I got hit by a carData from the Governors Highway Safety Association (GHSA) shows a troubling increase in pedestrian fatalities throughout the country in recent years, with the rise far outpacing other kinds of traffic accidents. Over a recent decade, pedestrian deaths increased by 77%, while all other traffic fatalities rose by 25%. The GHSA report indicates at least 7,508 pedestrians were killed by drivers during a recent year, the highest number in over 40 years, representing about 20 people per day.

Texas is sharing in the disturbing trend. Over the past several years, Texas has seen an increase in traffic accidents involving pedestrians and bicyclists. Pedestrian fatalities jumped by 30% and bicyclist deaths by 28%. The Texas Department of Transportation (TxDOT) reported 922 auto pedestrian deaths in the most recent year of data collection. This number translates to one in five traffic fatalities statewide.

Pearland Auto Pedestrian Accident Lawyers

The car accident attorneys at J.D. Silva & Associates, PLLC are ready to fight for you. Our law firm is dedicated to protecting the rights of injured pedestrians and all personal injury victims. When another party violates your right to safety, we will work to hold them accountable under Texas law, and we will not give up. Please reach out today to schedule a free case review.