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“In the past 10 years, the number of people who have died while walking in the United States has shot up by more than 50%. In Houston, pedestrian deaths have more than doubled in that time — spiking 125%.” (1). If you’re one of the “lucky” individuals who survive such an encounter, you may feel overwhelmed about next steps. Let’s look at what to do if you’re a pedestrian hit by a car.
The sheer forces involved in car accidents boggle the mind. However, as a pedestrian hit by a car, you may feel shocked even to be alive. Depending on the speeds involved and the type of vehicle, you could be a modern-day miracle. However, if you face severe injuries with a long recovery and lost wages, your pain may be hard to describe to those who don’t understand the stress you are under.
Trying to find justice and get compensation for your injuries can be exhausting. Working with insurance company representatives can leave you feeling like no one is on your side, but it is possible to fight for your rights and get through this difficult time.
What if It’s a Hit and Run?
Many pedestrian accidents are hit and run. If this is the case, it’s crucial to call law enforcement immediately. A hit and run is a serious crime, and the sooner you call, the more likely law enforcement can track down the offender.
“Texas ranks 8th in the country among states with the highest hit-and-run crashes. Over the past 10 years, nearly 20 percent of all pedestrian deaths were caused by hit-and-run crashes, meanwhile just one percent of all driver fatalities in that same time period.” (2)
Even if your injuries are not serious, the driver could face felony charges and up to five years imprisonment. If you face serious injury, they could face felony charges with up to 10 years imprisonment. You deserve justice for their crime against you.
Seek Medical Treatment Immediately
What you do immediately after you get hit by a car determines how insurance companies see your claim. Never wait to seek medical treatment if there is a possibility of injury. Always seek the treatment you need while keeping careful records of each visit.
Insurance companies and courtrooms want to see that you saw a doctor and dealt with injuries as soon as you were aware of them. Waiting too long to seek treatment leaves doubt in the minds of those making eventual settlement decisions. They may wonder if you genuinely were injured.
The statute of limitations for each state is different. In Texas, the statute of limitations for a car accident is two years from the crash date. Starting your claims process early gives time for the process to escalate so that your attorney has time to fight for your deserved settlement.
Gather Information
First, if you are physically able, gather information about the driver and take photos of everything, including damage to bikes etc., injuries, weather, signage, etc.. As soon as you are physically capable, write down your account of the accident and ensure that insurance representatives have all of the details, including:
- Exactly where you were at the time of accident
- The driver’s condition if you were able to note that
- Note any crosswalks or stoplights and their condition and color at the time of accident
- Relevant factors such as time of day, weather, and traffic conditions
- Go back to the scene and take pictures if there are none available in the claims files
- Diagram the accident scene. Police will usually do this, but if there is no diagram or you feel that law enforcement left out pertinent details, draw and submit one yourself.
- Police reports and any witness statements
Writing with accurate detail immediately after an accident helps you feel clear-headed later on if others question your account. Your memory of what happened is also best immediately after an incident.
However, be careful about what you say at the scene of an accident or while talking with claims representatives at insurance companies. The only individual who, by law, has your best interest in mind is your attorney. Everyone else has an angle.
Know the Rules of the Road
Even though you are a pedestrian, law enforcement or claims representatives may attribute fault to you. You have rights as a pedestrian, but you also share a duty to obey pedestrian laws to stay safe.
Texas Transportation Code states that drivers must yield to you as a pedestrian if you meet these four conditions:
- You cross the roadway in the crosswalk
- The control signal displays “Walk.”
- You are going in the direction of the signal
- If you’re in the middle of the road when the sign changes to “Wait,” then you still have the right of way as a pedestrian until you safely reach the other side.
However, if you start to cross a roadway in the direction of a “Don’t Walk” signal or a “Wait” signal, you may be held liable for some or all of the fault for the accident. You can also face some liability for the accident if you:
- Jaywalk in an area with no crosswalk
- Suddenly leave a curb or other place of safety and walk into a crosswalk in the path of a vehicle so close they can’t stop and yield
- Disobey traffic signals or devices that pertain to crossing safely
- Refuse to use a provided sidewalk and instead walk on the road
- Walk on the right side of the road instead of the left. Pedestrians should walk facing traffic. (If you are riding a bike, you go with traffic on the right side.)
- Cross two adjacent intersections unless there is a marked crosswalk
- Stand in a roadway to solicit a ride, contribution, employment, or business
- Disobey any law enforcement officers who try to direct you or traffic
Pedestrians do not always possess the right of way. Understanding how the law works in Texas can help you understand fault. Fault matters in Texas and is a determining factor in your injury settlement. (2)
Fault and the Insurance Claims Process
Because Texas is a comparative negligence state, the percentage you contributed to the accident reduces your settlement offer. If you are 40% at fault for the accident, you lose 40% of your total offer. If you are 51% or more at fault, you receive no offer of monetary compensation at all.
To receive compensation, you must show that the driver did not operate the car carefully. Drivers by law must exercise care to avoid colliding with you as a pedestrian on the road. If a driver is negligent, their percentage of fault for the accident may be significantly higher. Situations where driver negligence could affect your case include:
- Texting or other significant distractions
- Drinking or drugs
- Flagrantly disobeying traffic signals or law enforcement
- Cases where a witness testifies that the driver was busy with something else they should have known not to do while driving
- Breaking laws, such as going recklessly above speeding limits
Because a car hits pedestrian accident lawsuit often involves extensive injuries, lost wages, future medical treatments, and possible disfigurement, you may need to refuse an initial offer from the insurance company. Expect the insurance company to offer you the minimum amount of payment required by law. Insurance companies notoriously lowball settlements for accidents.
Instead, wait and consult with your attorney about what your bodily injuries are genuinely worth. Ensure a more significant settlement by refusing to sign any offers or negotiations without your lawyer present. Escalating a claim with your attorney takes your claim into a settlement negotiation that gets the results you need.
We Can Help
The complex claims process in Texas can feel exhausting to navigate. You just want fair compensation for your injuries, pain and suffering, lost wages, and property damage, if any.
However, if you don’t present evidence and negotiate well for your point of view, you could lose out before you even get to a settlement negotiation. At Jarrett Law, we work to advocate on your behalf. We are on your side as your counsel. Our experience in personal injury cases helps us negotiate for the best outcome in your case. Contact us today and find out how we can help you recover from this and find your life again.