The moments after being hit by a car are a blur of shock, pain, and confusion. As a pedestrian, you are incredibly vulnerable, and the consequences of a driver’s negligence can be devastating. In the chaos that follows, it’s difficult to know what to do. You may be wondering, “I was hit by a car while walking, what are my rights?”
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This guide is here to provide clear, actionable answers. Understanding your rights and knowing the immediate steps to take can protect your health and your ability to seek fair compensation for your injuries. This is what to do after being hit by a car as a pedestrian in Houston.
Immediate Steps to Take After Being Hit by a Car as a Pedestrian
Your priority is your well-being. However, if you are able, taking the following steps can be crucial for any future personal injury claim.
- Seek Medical Attention Immediately: Your health comes first. Even if you feel you only have minor scrapes and bruises, some serious injuries like internal bleeding or concussions may not have immediate symptoms. Call 911 or have someone call for you. A medical report creates an official record of your injuries from the accident.
- Call the Police: A police report is a vital piece of evidence. It will document the scene, parties involved, witness statements, and the officer’s initial assessment of the incident. Insist on a report being filed, even if the driver tries to convince you otherwise.
- Gather Evidence: If you are physically able, use your phone to take pictures of the scene, the vehicle that hit you (including the license plate), your injuries, and any relevant traffic signs or road conditions.
- Get Contact Information: Collect the driver’s name, contact number, address, driver’s license number, and insurance information. Also, get the names and contact details of any witnesses who saw what happened.
- Do Not Admit Fault: Adrenaline and shock can cloud your judgment. Avoid saying things like “I’m sorry” or “I’m okay.” These statements can be misinterpreted by insurance companies as an admission of fault, even if you were just being polite. Stick to the facts of what happened.
Understanding Pedestrian Rights in Texas
Many people are unsure about the specific laws governing walkers and drivers. Knowing your pedestrian rights in Texas is the first step toward understanding your case.
Under Texas Transportation Code, drivers have a legal duty to exercise due care to avoid colliding with pedestrians. This includes using their horn when necessary and maintaining proper lookout and control of their vehicle.
Pedestrians generally have the right-of-way in marked crosswalks. When traffic signals are not in place, drivers must yield to a pedestrian in a crosswalk on their half of the roadway or when the pedestrian is approaching closely from the other half.
Do Pedestrians Always Have the Right-of-Way?
While pedestrians have significant protections, the right-of-way is not absolute. Pedestrians also have a duty to exercise reasonable care for their own safety. For example, a pedestrian cannot suddenly leave a curb and walk into the path of a vehicle that is too close to stop. Jaywalking, or crossing the street outside of a marked crosswalk, can sometimes place partial fault on the pedestrian. However, even in these cases, a driver may still be held liable if they were distracted, speeding, or otherwise negligent.
What Are My Rights After Being Hit by a Car While Walking?
If you were injured due to a driver’s negligence, you have fundamental rights. Understanding these is critical as you navigate the path to recovery.
- The Right to Seek Compensation: You have the right to file a claim to recover damages for your losses. This can include medical bills (past and future), lost wages from being unable to work, pain and suffering, and physical impairment.
- The Right to Legal Representation: You are not obligated to face the driver’s insurance company alone. You have the right to hire an attorney who will advocate for your best interests. Insurance adjusters are trained to minimize payouts; your lawyer’s job is to maximize your recovery.
- The Right to Not Give a Recorded Statement: The at-fault driver’s insurance company will likely contact you quickly and ask for a recorded statement. You are not required to provide one. It is always best to consult with an attorney before speaking with an insurer.
Why You Need an Experienced Houston Accident Lawyer
The legal process can be overwhelming, especially when you are focused on healing. An experienced personal injury attorney can manage every aspect of your claim, from investigating the accident to negotiating with insurance companies.
At Joel A. Gordon & Associates, we have been fighting for the rights of injured Texans since 1993. Our firm has built a nationwide reputation for results by treating every client’s case with the dedication it deserves. We understand the physical, emotional, and financial toll an accident takes, which is why we are always here to answer your questions. With our 24/7 phone service, you can get the help you need, when you need it.
How Joel A. Gordon & Associates Can Help
We handle the legal burdens so you can focus on your recovery. Our team will meticulously investigate your accident, gather evidence, and build a powerful case to prove the driver’s negligence. We will identify all sources of compensation and fight tirelessly to ensure you receive the maximum amount you are owed. Our experienced Houston pedestrian accident lawyers are ready to put their decades of experience to work for you.
Don’t let an insurance company determine your future. If you or a loved one has been hit by a car in Houston, contact Joel A. Gordon & Associates today for a free, no-obligation consultation to discuss your rights and legal options.