If you were walking and a car hit you, the physical pain might be just the beginning. Medical bills, missed work, and long recovery times can quickly pile up. Understandably, one of the first questions you might ask is: Can a pedestrian sue if hit by a car in Texas?
At The Zimmerman Law Firm, P.C., we’ve worked with injured pedestrians across Waco, Temple, Killeen, Round Rock, and Austin. Here’s what you need to know if a driver hit you while you were walking, and you’re thinking about a pedestrian hit by a car lawsuit.
Pedestrian Accidents Are Serious
When a car hits a pedestrian, the injuries are often severe. Unlike drivers, pedestrians have no protection: no airbags, no seat belts, and no steel frame.
Common injuries include:
- Broken bones,
- Head trauma or concussions,
- Spinal cord injuries,
- Internal bleeding,
- Road rash and deep cuts, and
- Long-term emotional trauma.
Even if the car was traveling slowly, the damage could be life-changing. And the costs, both financial and emotional, can last for years.
Yes, Pedestrians Can Sue in Texas
The short answer is yes, a pedestrian can sue if hit by a car in Texas, as long as the driver was at fault or mostly at fault.
Texas uses a modified comparative fault rule, which means:
- You can recover damages if you were less than 51% at fault, and
- Your percentage of fault reduces your compensation.
For example, if you were crossing legally at a crosswalk and a driver ran a red light and hit you, they would likely be found entirely or mostly at fault. If you were jaywalking and stepped into traffic unexpectedly, things could be more complicated.
Every case is different. That’s why we investigate closely and build a case around what really happened.
Proving the Driver Was at Fault
To succeed in a car hit pedestrian claim, you must demonstrate that the driver acted carelessly or broke the law. This process may include proving one or more of the following:
- Speeding or reckless driving,
- Distracted driving (like texting),
- Running a red light or stop sign,
- Failing to yield to pedestrians in a crosswalk, and
- Driving under the influence of drugs or alcohol.
Police reports, eyewitness statements, traffic camera footage, and medical records all contribute to building a strong case.
If you’re asking, “I was hit by a car as a pedestrian, what do I do?”, start by gathering evidence and getting medical care right away.
What You Can Sue For
If the driver was at fault, a pedestrian hit by a car lawsuit allows you to seek compensation for:
- Medical bills (past and future),
- Lost wages and reduced earning ability,
- Pain and suffering,
- Emotional distress,
- Disability or disfigurement, and
- Loss of enjoyment of life.
Some injuries may require surgery, rehab, or ongoing treatment for years. Others may force you to change jobs or stop working altogether. We help clients calculate what their claim is truly worth, not just what the insurance company wants to pay.
What If the Driver Doesn’t Have Insurance?
If the at-fault driver doesn’t have insurance or doesn’t have enough, you may still have options. One option is to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it.
Even though it’s your insurance company, these claims can be complex. That’s why working with a lawyer who knows how to handle these claims and negotiate for a full payout is helpful.
What If You Were Partially at Fault?
It’s common for drivers to argue that the pedestrian was at fault, especially if there was no crosswalk, the light had changed color, or the pedestrian was walking at night.
We mentioned above that Texas law allows injured pedestrians to recover compensation if they were not more than 50% at fault.
For example, if the driver was distracted and hit you while you were crossing slightly outside of a crosswalk, a court might find the driver 70% at fault and you 30% at fault. In that case, if your damages were $100,000, your recovery would be reduced to $70,000.
Fault is a key issue in pedestrian accident cases. That’s why you need strong evidence and legal guidance.
What to Do After a Pedestrian Accident
If you were hit by a car while walking, here are a few important steps to protect your health and your legal rights:
- Call 911 and report the accident;
- Get medical care immediately, even if you feel okay initially;
- Gather information, including driver details, license plate, and witness contacts;
- Take photos of the scene, your injuries, and any visible damage;
- Do not talk to the driver’s insurance company until you’ve spoken with a lawyer; and
- Contact a personal injury attorney to discuss your options.
You don’t need to have all the answers right away. But the sooner you act, the better your chances of building a strong case.
We Help Injured Pedestrians Get the Compensation They Deserve
At The Zimmerman Law Firm, P.C., we know how devastating pedestrian accidents can be. When a car hits a pedestrian in Waco or the surrounding area, we step in to protect their rights and fight for full compensation.
We don’t treat your case like it’s a file on our shelf. The attorney you meet with is the attorney who stays with you from beginning to end. We don’t hand you off to a case manager or pressure you to settle fast. We listen, investigate, and stand by your side until the case is resolved, contact us today.
Injured While Walking? Let’s Talk.
Still wondering: Can a pedestrian sue if hit by a car? The answer depends on the details, but we’re here to help you find out.
You don’t have to face insurance companies or legal forms alone. Call The Zimmerman Law Firm, P.C. today for a free consultation. We’ll listen to your story and explain your rights, plain and simple.
We’re here to help you get back on your feet and fight for the compensation you deserve.
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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