Here’s a step-by-step guide to follow if you were hit by a car as a pedestrian:
- Seek medical attention immediately
- Call the police and file a report
- Document all injuries and symptoms
- Get the driver’s contact and insurance details
- Collect names and contact information of witnesses
- Take photos of the scene, any injuries, and the vehicle involved
- Avoid discussing fault or liability with anyone
- Follow up with medical professionals for ongoing treatment
- Keep all records, including bills, receipts, and correspondence
- Consult with one of our pedestrian accident lawyers for legal advice and support
These steps are critical to prioritizing your health, protecting your rights, and pursuing appropriate compensation. We’ll cover these steps in more detail below.
If you are an injured pedestrian in a car accident, contact our Abilene car accident lawyer to learn what to do and how to receive compensation that you deserve.
Find out moreI was hit by a car as a pedestrian, what do I do?
Being hit by a car as a pedestrian is overwhelming, and can leave you unsure of what to do next. Prioritizing your physical and mental health while protecting your legal rights is essential to recovering fully and receiving fair compensation.
Seek medical attention immediately
Even if your injuries seem minor, internal injuries or delayed symptoms, such as whiplash or concussions, can worsen without proper treatment. Call 911 or visit an emergency room to have your injuries evaluated and documented.
Getting immediate medical care also strengthens your injury claim. Medical records directly link your injuries to the pedestrian accident, providing critical evidence for negotiating with the insurance company or pursuing a legal case.
Neglecting medical attention could weaken your claim by giving insurers a reason to argue that your injuries are unrelated to the accident.
Additional reading: average payout for a pedestrian hit by a car in Texas
Call the police and file a report
Reporting the accident to the police is necessary in Texas, especially if the collision results in injuries. Contact law enforcement to ensure an official accident report is filed, which will serve as key evidence to prove fault and liability in your case.
A police report contains important details such as the names of those involved, witness statements, and the conditions at the scene. This information can be key in securing fair compensation through an injury claim or a lawsuit against the at-fault party.
Document all injuries and symptoms
Take photos of any visible injuries, such as bruises or cuts, and write down symptoms like dizziness, headaches, or restricted movement. These records provide vital proof of the accident’s impact on your life.
In addition to physical injuries, prioritize your mental health. Pedestrian accidents can lead to conditions such as PTSD, anxiety, or depression, so look out for signs of these issues, which include difficulty sleeping, flashbacks, or a persistent fear of walking near traffic.
Get the driver’s contact and insurance details
Obtain the driver’s name, address, phone number, license plate number, and insurance information. This information is necessary to file an insurance claim with the at-fault party’s insurer.
If the driver flees the scene, try to note as many details as possible about the vehicle, such as its make, model, and color, and report this to the police. Hit-and-run cases require extra attention, but compensation may still be possible through uninsured motorist coverage or legal action, if the driver is identified.
Collect names and contact information of witnesses
Witnesses can provide statements that corroborate your account of the accident and strengthen your injury claim. Independent witnesses are especially valuable in disputed cases, where the at-fault driver may deny responsibility.
Your pedestrian accident attorney can follow up with witnesses to gather additional evidence and build a stronger case.
Take photos of the scene, injuries, and vehicle involved
Photographs are best in any pedestrian accident case. Take pictures of the accident scene, including road conditions, traffic signs, vehicle damage, and any visible injuries.
Images of the scene can help establish fault, especially if the at-fault driver violated traffic laws. Photos of your injuries provide clear proof of the harm you suffered, which can be instrumental in securing fair compensation.
Were you pedestrian hit by a car? Understanding fault for the accident is necessary in building your case. Reach out to our Midland car accident lawyer and maximize your compensation in pedestrian injury cases.
Find out moreAvoid discussing fault or liability with anyone
Even well-meaning statements can be used against you by the at-fault driver’s insurance company to deny or reduce your claim. Focus on providing accurate information to the police and gathering evidence.
Leave discussions about liability to your attorney, who can handle negotiations and ensure your rights are protected.
Follow up with medical professionals for ongoing treatment
Continuing medical care is essential for recovery and building a strong injury claim. Follow up with specialists such as physical therapists or chiropractors to address pain, mobility issues, and long-term injuries.
These treatment costs can often be recovered through an insurance claim or legal settlement. Keep all records of your appointments, prescriptions, and treatments so you can seek full reimbursement.
Keep all records, including bills, receipts, and correspondence
Maintain records of medical bills, repair estimates, lost wage documentation, and any communication with the insurance company. Detailed documentation is vital for calculating damages, including pain and suffering, lost wages, and medical expenses.
Consult a pedestrian accident lawyer for legal advice and support
An experienced pedestrian accident attorney from Keith & Lorfing will protect your rights and maximize your compensation. We can investigate your case, gather evidence, and negotiate with the at-fault party’s insurance company to secure the best outcome.
Do you have grounds for a pedestrian accident claim?
If you were injured in a pedestrian accident in Texas, you may have grounds to file a claim, but specific criteria must be met:
You Must Have Sustained Injuries in the Collision
To pursue a claim, you must have suffered physical, emotional, or financial harm due to the accident. Injuries can range from minor to severe, such as fractures, traumatic brain injuries, or emotional distress like PTSD.
Without documented injuries, it can be difficult to hold the at-fault party accountable.
Your Claim Must Be Within Texas’s Statute of Limitations
Under Texas law, you typically have two years from the date of the accident to file a personal injury claim. Failing to act within this timeframe may forfeit your right to seek compensation. Exceptions may apply in some cases, so it’s important to consult our experienced personal injury lawyers to evaluate your situation.
Every pedestrian accident case is unique, and the best way to understand your options is to speak with an attorney. At Keith & Lorfing, we offer a free consultation to review your claim, explain your rights, and outline the steps to pursue fair compensation.
If you’re unsure whether you have a valid claim, don’t wait. Call us today at (325) 225-0670 or visit our Contact Us page to schedule your free consultation.
The legal process after your accident
Learning more about the legal intricacies after a pedestrian accident can help you feel more confident and prepared as you seek compensation for your injuries. Below is a step-by-step explanation of what to expect, along with estimated timelines:
- Initial Consultation (1-2 Weeks): Schedule a meeting with an experienced personal injury lawyer to review your case details. At our firm, this step is free and helps determine if you have a valid claim.
- Investigation and Evidence Collection (2-3 Months): Your attorney from our law firm will gather necessary evidence, such as medical records, police reports, and witness statements, to establish liability and calculate damages.
- Filing the Claim (1-2 Weeks): Your attorney from Keith & Lorfing will formally file the claim with the at-fault party’s insurance company or through a lawsuit, notifying them of your intent to seek compensation.
- Settlement Negotiations (3-6 Months): Most claims are resolved through negotiations. Your lawyer will advocate for a fair settlement that covers medical bills, lost wages, and pain and suffering.
- Mediation (1-2 Months): If negotiations stall, mediation allows both sides to work toward an agreement with the help of a neutral third party. This step often helps avoid going to trial.
- Trial Preparation (4-6 Months): If mediation fails, your attorney prepares for trial by coordinating evidence, witnesses, and court proceedings. This step ensures your case is trial-ready.
- Trial (1 Week to Several Months): During the trial, a judge or jury evaluates the evidence, determines liability, and awards damages. While trials may take only a week, scheduling and legal arguments can significantly extend the timeline.
- Post-Trial Resolution (1-2 Months): If the trial results in a verdict, compensation is usually paid shortly after. However, appeals by the opposing party may cause delays.
Be aware that these timelines are estimates only, and can vary significantly based on many factors, including the specifics of your case.
When a pedestrian is hit, understanding the causes of pedestrian accidents can help determine liability and strengthen your case. Contact our San Angelo car accident lawyer today and pursue compensation you deserve.
Find out moreLet us help you secure the maximum compensation you deserve
If you’ve been injured in a pedestrian accident, you deserve a dedicated legal team fighting for your rights. At Keith & Lorfing, we have the experience and resources to help you pursue the maximum compensation for your injuries, lost wages, medical expenses, and pain and suffering.
Time is critical in building a strong case, so don’t wait to take action regarding your Texas pedestrian accident. Contact our team today by calling (325) 225-0670.
We offer a free consultation to evaluate your claim and confidently guide you through the legal process. Let Keith & Lorfing help you take the next step toward justice and the compensation you deserve.
Key Takeaways For a Texas Pedestrian Motor Vehicle Accident
If you’ve been hit by a car in Texas, immediately seek medical attention and report the accident to the police. To strengthen your claim, document evidence of the accident, including photos of the scene, witness statements, and injuries.
Texas’s modified comparative fault rules could impact your ability to secure compensation, so understanding your rights is essential. Consulting with one of our experienced attorneys will help you receive fair compensation for medical bills, lost wages, and pain and suffering.
Contact Keith & Lorfing today at (325) 225-0670 or visit our website to discuss your pedestrian accident in Texas with an experienced attorney. We’re here to help you protect your rights and file your claim.
FAQs
Who is at fault if you hit a jaywalker in Texas?
Fault depends on negligence. Drivers are responsible for exercising caution, but jaywalkers breaking traffic laws may share or even bear full responsibility.
Texas uses comparative negligence, which divides liability based on each party’s actions. A driver may still be partly liable, even if the pedestrian acted unsafely.
Do you need to file a police report to file an insurance claim in Texas?
Filing a police report is not always required to file an insurance claim in Texas, but it can help. A police report documents the accident details, and identifies fault, which can support your claim.
Many insurers prefer reports, especially for significant damage or injuries, to simplify processing and avoid potential disputes.
Do pedestrians have the right of way in Texas?
Yes, pedestrians generally have the right of way at marked crosswalks and intersections in Texas, provided they follow traffic signals and laws. However, stepping into traffic recklessly or crossing against a signal can shift fault to the pedestrian, which can reduce their potential compensation in an accident claim.
What happens if a police car hits a pedestrian?
If a police car hits a pedestrian, liability depends on whether the officer acted negligently or was responding to an emergency. Pedestrians may pursue compensation, but governmental immunity laws can limit claims.
Consulting with our experienced injury attorneys helps victims understand their options and seek justice.
