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Being hit by a car as a pedestrian is a traumatic and often life-altering experience. In Texas, pedestrians have important legal rights and protections—but many people don’t know what those rights are until it’s too late. If you or a loved one has been injured in a pedestrian accident, here’s what you need to know about your rights under Texas law.
As an injured pedestrian in Texas, you have the right to pursue compensation for damages caused by the driver’s negligence. This may include:
In cases involving wrongful death, the victim’s family may also be entitled to compensation for funeral costs, loss of companionship, and more.
Texas law gives pedestrians the right of way in many situations, particularly when they are:
Drivers in Texas are legally required to exercise due care to avoid hitting pedestrians, even outside of marked crosswalks. If a driver fails to yield, speeds, drives distracted, or is under the influence, they can be held liable for your injuries.
If the driver is at fault, you have the right to:
Texas follows a modified comparative fault rule, which means that even if you were partially at fault (e.g., jaywalking), you may still recover damages—as long as you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
You have the right to consult with and hire a personal injury attorney to represent your interests. A skilled lawyer can help you:
Most pedestrian accident lawyers in Texas work on a contingency fee basis, meaning you don’t pay unless they win your case.
Texas law limits the time you have to take legal action. Under the Texas statute of limitations, you typically have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to recover any compensation.
As a pedestrian hit by a car in Texas, you are not powerless. The law provides a pathway for you to recover physically, emotionally, and financially. Knowing your rights is the first step—and getting experienced legal help is the next.
If you’ve been hit by a car, our law firm is here to fight for you. Lead attorney Scott Callahan is board certified in personal injury trial law and has the knowledge and expertise needed to win the maximum compensation for your claim. Contact us today for a free consultation.
At Scott Callahan & Associates, we fight every day to help injured Texans get the compensation they deserve. That’s why we want to let you know about a new bill—Texas House Bill 4806 (HB 4806)—that could seriously affect your rights if you’re ever hurt in an accident.
HB 4806 is a proposed law in Texas that would make it harder for people who’ve been injured to get fully compensated for things like medical bills, pain and suffering, and other losses. It’s backed by insurance companies and large corporations that want to limit how much they have to pay when someone gets hurt.
Here’s how this bill could hurt injury victims:
Right now, if you’re hurt and you sue, you can ask for the full amount of your medical bills—even if insurance helped cover some of them. HB 4806 wants to change that. Under this bill, you could only get back what your insurance company actually paid, not what you were charged.
HB 4806 also wants to put a limit on what you can receive for pain, mental distress, or loss of enjoyment of life.
The bill also wants to make it tougher to show your medical costs in court and could even make it easier for the other side to argue that you were partly at fault—even if you weren’t.
Not everyday Texans. Insurance companies and large corporations are the big winners here. They get to pay out less, while injury victims are left struggling to cover medical bills and move forward with their lives.
Share this with family and friends, especially those who’ve been hurt in accidents or rely on personal injury claims for justice.
Ridesharing has become an everyday part of life for millions of people, with services like Uber and Lyft offering convenient, affordable transportation. However, like any form of travel, ridesharing comes with its own set of risks. Accidents can happen, and when they do, navigating the claims process can be overwhelming, especially if you’re unfamiliar with how things work. Whether you’re a passenger, driver, or third party involved in a rideshare accident, understanding the claims process is crucial for securing the compensation you deserve.
In this blog, we’ll break down how to file a claim for an Uber accident and offer practical tips to help you through the process.
The moments immediately following an accident are critical, and taking the right steps can help your claims process later on.
One of the first things you’ll need to do after an accident is file an insurance claim. Uber has their own insurance policies that differ from traditional car insurance.
One of the most complex aspects of the claims process is determining liability. Depending on the circumstances, different parties may be responsible for the accident:
Once you’ve determined the appropriate insurance provider, it’s time to file for compensation. The damages you may be able to claim include:
There are strict deadlines for filing insurance claims and personal injury lawsuits. These are governed by state laws, and failing to file within the specified period can result in losing your right to compensation. In Texas, you have two years from the date of the accident to file a claim but it’s essential to start the process as soon as possible.
In some cases, you may encounter situations where the driver does not have adequate insurance. Fortunately, both Uber and Lyft provide uninsured/underinsured motorist coverage. If you’re unable to recover sufficient compensation through the driver’s insurance, the rideshare company’s insurance policy may cover the gap.
There are a few hurdles that can make rideshare accident claims more complicated than traditional car accidents:
While some people may feel comfortable handling their own claims, the complexity of rideshare accident claims often makes it worthwhile to consult with a personal injury lawyer. A lawyer can help you understand your rights, gather necessary evidence, negotiate with insurance companies, and represent you in court if needed. They can also ensure that you’re pursuing all available avenues for compensation.
Attorney Scott Callahan is board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction earned by less than 10% of lawyers in Texas. He has over 25 years of experience in helping victims earn the money they need to heal and move on with their lives. Give the firm a call today for a free legal consultation at 713-888-9000.
