Hit While Walking Across the Street: Can You File a Claim in Texas?
Being struck by a car while walking across the street is a frightening and often life-altering experience. Beyond the immediate physical injuries, pedestrians may face mounting medical bills, lost wages, emotional trauma, and long-term rehabilitation needs. Many pedestrians wonder whether they have any legal recourse, especially since they were not inside a vehicle at the time of the accident. The answer is yes — in Texas, you can pursue compensation if a driver’s negligence caused your injuries, regardless of whether you were in a motor vehicle.
Texas is an at-fault state, meaning the driver who caused the accident is generally liable for compensating injured parties. If you are hit while walking, the first step is typically to pursue the at-fault driver’s auto insurance. Whenever possible, collect the driver’s insurance information and ensure that a police report is filed documenting the incident. Even if emergency medical services transport you from the scene, it is essential to confirm that the accident is officially documented. Police reports serve as critical evidence when filing a claim or pursuing compensation, and they help establish the facts of the incident.
Many people mistakenly assume that being a pedestrian limits their ability to recover compensation. In reality, liability is based on negligence, not the type of vehicle—or lack thereof—you were using. If the driver failed to act as a reasonably prudent person and caused your injuries, you are entitled to pursue their insurance coverage for damages. This can include medical expenses, lost wages, pain and suffering, and long-term care costs.
In addition to pursuing the at-fault driver’s insurance, many pedestrians may also have coverage through their own auto insurance policy, even if they were not in their vehicle at the time of the accident. Uninsured and underinsured motorist (UM/UIM) coverage and personal injury protection (PIP) can act as a “bubble” that follows you beyond your car. For example, if the at-fault driver lacks sufficient insurance or has no insurance at all, your UM/UIM coverage may help pay for the remaining medical bills or damages that the driver cannot cover. Similarly, PIP coverage can provide additional protection, such as lost wages or medical costs, even if you were partially at fault or the situation involves unique circumstances.
It is important to understand that in Texas, insurance companies are required to offer UM/UIM and PIP coverage, but policyholders are not required to accept it. This makes it essential to review your own policy, ideally with an experienced personal injury attorney, to determine what coverages are available and how they can help in a pedestrian accident. A careful review ensures that you are aware of all potential avenues for compensation and that nothing is overlooked when pursuing your claim.
Recovering from a pedestrian accident often involves more than simply filing a claim with the at-fault driver’s insurance. Medical treatment, rehabilitation, and ongoing care may be necessary, and insurance negotiations can be complicated, particularly if the at-fault driver has limited coverage. A skilled attorney can help navigate these challenges, gather and preserve critical evidence, and advocate on your behalf to ensure that you are fully compensated. They can review all potential sources of coverage, including the at-fault driver’s insurance, your own UM/UIM or PIP coverage, and any other relevant policies, to maximize your recovery.
To understand how pedestrian claims differ, read [Hit While Riding a Bicycle — Who Can I Sue?].
You can also check [In a Multi-Car Accident, Who Pays?] to learn how fault is divided among drivers.
