What Are My Rights as a Pedestrian Hit by a Car in Texas?

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.

1. Right to Seek Compensation

As an injured pedestrian in Texas, you have the right to pursue compensation for damages caused by the driver’s negligence. This may include:

• Medical expenses (current and future)

• Lost wages due to time off work

• Pain and suffering

• Permanent disability or disfigurement

• Mental anguish

• Loss of quality of life

In cases involving wrongful death, the victim’s family may also be entitled to compensation for funeral costs, loss of companionship, and more.

2. Right-of-Way Laws Protect You

Texas law gives pedestrians the right of way in many situations, particularly when they are:

• Crossing at a marked crosswalk

• Following a walk signal at an intersection

• Walking on a sidewalk or shoulder of the road

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.

3. Right to File an Insurance Claim or Lawsuit

If the driver is at fault, you have the right to:

• File a claim with the at-fault driver’s insurance company

• File a lawsuit if the insurance company offers an unfair settlement or denies your claim

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.

4. Right to Legal Representation

You have the right to consult with and hire a personal injury attorney to represent your interests. A skilled lawyer can help you:

• Investigate the accident

• Collect evidence and witness statements

• Deal with insurance companies

• Maximize your compensation

• File a lawsuit, if necessary

Most pedestrian accident lawyers in Texas work on a contingency fee basis, meaning you don’t pay unless they win your case.

5. Right to Timely Action

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.

What to Do After Being Hit by a Car

1. Seek medical attention immediately – Even if injuries seem minor.

2. Call the police and get a copy of the accident report.

3. Collect evidence – Photos, witness info, driver details.

4. Do not admit fault – Statements at the scene can be used against you.

5. Contact a personal injury attorney – The sooner, the better.

A Texas Personal Injury Lawyer Can Help

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.