Everyday routines like walking your child to school, jogging around the neighborhood, or simply crossing the street on an errand or to work shouldn’t come with life-altering risks. Yet in Texas, pedestrian accidents are on the rise. Every year, thousands of people are injured or killed while walking, leaving families facing not just physical pain but also overwhelming medical bills, lost wages, and emotional trauma.
At our firm, we’ve seen firsthand how devastating these accidents can be. That’s why we’ve put together five essential tips from our top Carrollton pedestrian attorneys so you know exactly what to do if you’re ever hit by a car in Texas.
1. Get Medical Help Immediately
Even if your injuries don’t feel severe at first, it’s critical to get checked out by a doctor. While some injuries are immediately apparent, others may not manifest until days or even weeks after the incident. Conditions like internal bleeding, whiplash, concussions, or spinal trauma may not show symptoms right away. Seeking prompt treatment also creates medical records that can support your claim later.
2. Call the Police and File a Report
Always call the police after a pedestrian accident. An official report documents the crash, establishes basic facts, and can help prevent the at-fault driver from denying responsibility later. Without this record, insurance companies may try to downplay what happened.
3. Gather Evidence at the Scene
If you are able, take photos and videos of the vehicle, the accident scene, and your injuries through the healing process. Get the contact information of any witnesses who saw the incident. These details can be vital in proving fault and securing full compensation.
4. Be Careful What You Say
In the chaos after an accident, it’s natural to apologize or make casual comments. Unfortunately, insurance companies may use your words against you to reduce or deny your claim. Stick to the facts, and avoid downplaying the impact or admitting any fault at the scene.
5. Talk to a Pedestrian Lawyer Before the Insurance Company
Insurance companies prey on vulnerable Texans. After a wreck, they often swoop in and try to get you to settle on the cheap by talking to you over the phone, pushing you to release your claim before you even know the full extent of your damages and medical costs. Sometimes they make very vague offers for medical care that turn out to be illusory or hard to access; and rarely do they offer anything remotely fair for the noneconomic damages like pain and suffering. Don’t fall for this tactic! Contact one of our experienced pedestrian accident lawyers at the O’Hare and Koch Law Firm before speaking with insurers. A personal injury lawyer can protect your rights, calculate the full value of your damages, and push back against lowball offers.
The Harsh Reality of Pedestrian Accidents in Texas
Texas is one of the most dangerous states for pedestrians. In crowded areas like Dallas and Carrollton, drivers are often distracted, rushed, or simply careless. The Texas Department of Transportation reports that during 2023, there were 5,924 pedestrian crashes across the state. These accidents resulted in 808 deaths and 1,457 serious injuries.
Accidents happen in places we all assume are safe: crosswalks, intersections, or even parking lots. Unlike drivers, pedestrians have no airbags, seatbelts, or metal frames to shield them. The impact of a car, even at a low speed, can cause catastrophic injuries with devastating physical and financial ramifications such as:
- Broken bones and internal injuries
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Long-term disability or death
For victims and their families, the road to recovery is long and expensive. That’s why understanding liability in Texas pedestrian accidents is so important.
Who Is Liable in a Pedestrian Accident in Texas?
Texas law generally requires drivers to yield the right-of-way to pedestrians in crosswalks and intersections. But liability isn’t always straightforward. Potentially responsible parties include:
- Drivers: Speeding, running a red light, or distracted driving can make them fully liable.
- Pedestrians: If you were crossing outside of a crosswalk or against a signal, insurance companies may try to assign partial fault. Texas follows a comparative negligence system, which means a pedestrian can still recover damages if they are less than 51% at fault but their compensation is reduced by their percentage of fault.
- Property Owners or Municipalities: Poor lighting, unsafe sidewalks, or inadequate signage may make property owners responsible.
- Employers or Commercial Entities: If the at-fault driver was working at the time of the accident, their employer may share liability—especially if negligent hiring, poor training, or unreasonable delivery schedules played a role.
Because of these complexities, many victims turn to a pedestrian lawyer to protect their rights and build a strong case.
How a Carrollton Pedestrian Accident Attorney Can Help
Trying to manage a pedestrian accident claim on your own can feel overwhelming. You’re already dealing with injuries, medical expenses, missed work, and the challenges of recovery. The last thing you should have to worry about is battling the insurance company and their adjusters. That’s why an experienced pedestrian accident attorney can help you by:
- Investigating the crash and gathering evidence (police reports, video footage, witness statements)
- Working with reconstruction experts to prove liability
- Negotiating with insurers to maximize compensation
- Taking your case to trial if necessary
Hit by a Car in Texas? Get Help Today.
If you or a loved one has been injured in a pedestrian accident in Carrollton or anywhere in North Texas, O’Hare and Koch is ready to fight for you. With over 25 years of experience handling catastrophic injury cases, we know what it takes to hold negligent drivers accountable and secure the compensation you deserve.
Call us at 972.960.0000 or visit our Carrollton or Dallas office to schedule your free consultation.
