Being a pedestrian hit by a car is a traumatic and life-altering experience. Pedestrians have little protection in a collision, which often leads to serious injuries or fatalities. In Texas, pedestrian accidents are treated seriously under the law, and victims have specific rights when a driver’s negligence causes harm. Understanding what to do after a pedestrian accident and seeking legal help with our car accident attorney Houston can make a significant difference in your recovery and financial future.
What Happens When a Pedestrian Is Hit by a Car?
When a pedestrian is struck by a vehicle, the situation can quickly become complex. Texas law allows for both criminal investigations and civil claims, depending on how the accident occurred and the extent of the injuries. Drivers may face legal consequences, while injured pedestrians may pursue compensation for their losses.
Criminal Investigation
Law enforcement will investigate whether the driver violated traffic laws, such as:
- Speeding
- Distracted driving
- Failing to yield the right of way
- Driving under the influence
Civil Liability
At the same time, the injured pedestrian may have the right to file a personal injury claim for:
- Medical bills
- Lost income
- Pain and suffering
- Long-term care
Texas law places a heightened duty of care on drivers, especially near crosswalks, intersections, school zones, and residential areas.
Texas Laws Protecting Pedestrians
In Texas, drivers have a legal duty to exercise caution around pedestrians, and pedestrians have rights if injured. Several key statutes govern pedestrian safety and the responsibilities of drivers. These laws cover yielding to pedestrians, safe driving practices, and consequences for reckless or negligent behavior. Understanding these statutes is crucial for protecting your rights after an accident.
- Texas Transportation Code § 552.001 – Traffic Control Signals: Signals apply to pedestrians and sidewalk users under normal traffic signal operations.
- Texas Transportation Code § 552.003 – Pedestrian Right‑of‑Way at Crosswalk: Drivers must stop and yield to pedestrians in crosswalks.
- Texas Transportation Code § 552.008 – Drivers Must Exercise Due Care: Drivers must exercise due care to avoid hitting pedestrians.
- Texas Transportation Code § 550.021 – Duties After Accident Involving Injury or Death: Requires stopping and rendering aid after injuries or death in a collision.
- Texas Transportation Code § 550.022 – Duties After Accident Involving Property Damage: Requires stopping and providing information after property‑damage‑only collisions.
Can a Pedestrian Sue If Hit by a Car?
Yes, pedestrians in Texas can sue if a driver’s negligence causes an accident. Personal injury claims can cover medical bills, lost wages, and pain and suffering. Key statutes supporting these claims include Texas Civil Practice & Remedies Code § 33.001 (comparative responsibility) and Texas Transportation Code § 545.401 (speed and right-of-way rules near pedestrians).
Examples of Driver Negligence
- Failing to yield the right of way
- Distracted driving (texting or phone use)
- Speeding
- Driving under the influence
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, which means:
- A pedestrian may recover damages if they are 50% or less at fault
- Compensation is reduced based on their share of fault
Strong evidence, such as police reports, witness statements, and medical records, plays a key role in these cases.
Who Is at Fault When a Car Hits a Pedestrian?
The fault in a pedestrian accident depends on the specific circumstances of the collision. While drivers are often responsible, each case must be evaluated individually. Texas law examines the actions of both the driver and the pedestrian when determining liability.
When the Driver Is Typically at Fault
- Failing to yield at crosswalks or intersections
- Speeding or reckless driving
- Distracted or impaired driving
When Fault Is Disputed
Even if a pedestrian was crossing outside a marked crosswalk, the driver may still be liable if they:
- Were speeding
- Failed to keep a proper lookout
- Ignored traffic signals
Accident reconstruction and legal analysis are often necessary to determine fault accurately.
What are the Main Causes of Pedestrian Accidents
Most pedestrian accidents are preventable and occur due to driver negligence. Urban environments with heavy traffic increase the likelihood of serious collisions involving pedestrians. Understanding the common causes helps establish liability in a legal claim. Common
- Distracted driving (texting or phone use)
- Speeding or aggressive driving
- Failure to yield at crosswalks or intersections
- Driving under the influence of alcohol or drugs
- Poor visibility or ignoring traffic signals
Cities like Houston see higher pedestrian accident rates due to traffic density and fast-moving roadways.
Is Hitting a Pedestrian a Felony?
Hitting a pedestrian is not automatically considered a felony in Texas. However, the charge can escalate depending on the severity of the injuries and the driver’s behavior. Certain aggravating factors can significantly increase criminal penalties.
- Causing serious bodily injury
- Causing death
- Fleeing the scene of the accident
- Driving while intoxicated
- Reckless driving or prior offenses
Even without criminal charges, drivers may still be held financially accountable through civil lawsuits.
What to Do After Being Hit by a Car
Taking the right steps after a pedestrian accident can protect your health and your legal rights. Early action also helps preserve critical evidence. These steps can significantly strengthen a future injury claim.
- Call 911 immediately and report the accident.
- Seek medical attention, even if injuries seem minor.
- Gather evidence, including photos, witness information, and the driver’s details.
- Avoid giving recorded statements to insurance companies without legal advice.
- Contact a car accident attorney Houston to protect your rights.
Early action helps preserve evidence and strengthens your claim.
What Compensation Can an Accident Victim Recover?
Pedestrian accident victims may be entitled to substantial compensation, especially when injuries are severe. The purpose of compensation is to restore financial stability after an unexpected injury. The amount recovered depends on both short-term and long-term damages.
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Wrongful death damages for surviving family members
A personal injury lawyer in Houston can evaluate the full value of your claim.
How Long Do You Have to File an Accident Claim?
In Texas, the statute of limitations for most pedestrian accident claims is two years from the date of the accident under Texas Civil Practice & Remedies Code § 16.003. Failing to file within this timeframe can permanently prevent you from recovering compensation, making timely action essential.
It’s important to contact a Houston attorney as soon as possible after the accident. An experienced attorney can ensure your claim is filed correctly, preserve evidence, and protect your right to full compensation for medical bills, lost wages, and other damages.
When Should You Contact a Lawyer After an Accident?
Insurance companies often try to minimize payouts or shift blame onto the pedestrian. An experienced attorney can investigate the accident, gather evidence, handle negotiations, and fight for full compensation. Legal representation is especially important in cases involving severe injuries, disputed fault, or hit-and-run accidents.
If you or a loved one was hit by a car, you do not have to face the legal process alone. A knowledgeable pedestrian accident lawyer in Houston can help you understand your rights, deal with insurance companies, and pursue the compensation you deserve. Contact The Law Office of Keivan S. Romero today to discuss your case and take the first step toward protecting your future.