A person on foot has no bumper, no airbag and no seat belt. When a car hits a pedestrian the injuries are often serious, and the questions afterward come fast. This article covers what Texas law requires of the driver, what to do next and how a pedestrian accident claim works in Houston.
This article is from LAWBOSS – Harris, Nelsen & Uvalle, PLLC, the firm behind Car Wreck Lawyers Houston, with its Houston office at 5300 Memorial Dr Ste 810. It is general information, not legal advice. The attorney responsible for this site is Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization.
What the driver must do
A driver involved in a crash that injures or kills someone, including a person on foot, must stop, return to the scene if needed, check whether anyone needs help and stay to give information (Transportation Code section 550.021). Leaving is a felony when someone is killed or seriously hurt (section 550.021(c)). The driver must give a name, address, vehicle registration number and the name of the liability insurer, show a driver’s license if asked, and give reasonable help to anyone who is hurt (section 550.023).
What to do after being hit
- Get medical care. Call 911 or ask someone to call.
- Report the crash to the police, and ask for the report number.
- If you can, photograph the car, its plate, the crosswalk or roadway, signals and your injuries, or ask someone to do it for you.
- Get the names and numbers of witnesses.
- Keep your clothes and shoes from the crash; do not wash or throw them away.
- Talk to us before you give any insurer a recorded statement.
Whose insurance may pay
The first place to look is the driver’s liability insurance. Texas requires at least $30,000 of coverage for injury to one person, $60,000 for two or more and $25,000 for property damage (Transportation Code section 601.072). Those are minimums, not a measure of any claim, and serious pedestrian injuries often go past them.
Your own auto policy may also help even though you were walking. Uninsured and underinsured motorist coverage and personal injury protection come with every Texas policy unless a named insured rejected them in writing (Insurance Code sections 1952.101 and 1952.152), and PIP is paid without regard to fault (section 1952.155). The policy’s own terms decide how they apply to a pedestrian, so we read it closely.
Fault in a pedestrian crash
Insurers often argue that the person walking was partly to blame: crossing outside a crosswalk, against a signal or in dark clothing. Under Texas law you can recover if your share of responsibility is 50 percent or less, and your recovery is reduced by your share (Civil Practice and Remedies Code sections 33.001 and 33.012). Evidence of the signal timing, the lighting, the driver’s speed and the driver’s attention matters a great deal. Texas makes it an offense to read, write or send a message on a portable device while driving (Transportation Code section 545.4251).
Trauma care in Houston
People seriously hurt in Houston crashes are often treated in the Texas Medical Center. Texas DSHS lists Harris Health Ben Taub Hospital and Memorial Hermann Texas Medical Center as Level I trauma facilities, and Texas Children’s Hospital as Level I contingent. We gather records from every provider so the claim shows the whole course of your recovery.
Deadlines
A personal injury lawsuit generally must be filed within two years (Civil Practice and Remedies Code section 16.003). If a child was hurt, the time generally does not run until the child turns 18 (section 16.001). If a city bus or other government vehicle was involved, written notice is generally required within six months, or sooner under a city charter (section 101.101).
If the driver did not stop
Many pedestrian crashes are hit and runs. Report it, look for cameras and witnesses, and read our page for a hit and run lawyer in Houston.
No Fees or Costs Unless We Win
The firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. The consultation is free.
For the full picture of a claim, read what a car accident attorney in Houston does at each stage.
Questions people ask
Can I make a claim if I was not in a crosswalk?
Possibly. You can recover if your share of responsibility is 50 percent or less, reduced by your share (Civil Practice and Remedies Code sections 33.001 and 33.012). The facts decide the percentages.
Does my car insurance cover me when I am walking?
It may, through personal injury protection or uninsured motorist coverage, depending on your policy’s terms. We read the policy with you.
Who pays my hospital bills right away?
Often a mix of health insurance, PIP and, later, the driver’s liability insurance. We help you sort out the order.