Pedestrian Accident in Texas: Your Rights If a Car Hit You
If you were hit as a pedestrian in Texas, you generally have the right to seek compensation for your injuries — and the fault isn't always the pedestrian's. You can recover against the driver's insurance, or through your own uninsured motorist (UM) coverage if the driver flees or has no insurance. Seek medical care immediately and don't assume you have no case.
You were walking — crossing the street, in a parking lot, on the sidewalk — and a car hit you. Pedestrian accidents are among the most serious, because your body has no protection against a vehicle. If this happened to you, we want you to know something important: you have rights, and the fault is almost never the pedestrian's alone.
Who's at fault in a pedestrian accident?
Many people assume that if you got hit, it was your fault for not paying attention. The reality is different. In Texas, drivers have a duty to drive carefully and to yield to pedestrians in many situations. A driver can be liable if they:
- Were distracted (phone, eating, etc.).
- Were speeding or driving recklessly.
- Failed to yield at a crosswalk or stop sign.
- Were driving under the influence of alcohol or drugs.
- Turned without watching for pedestrians.
Texas uses 'modified comparative negligence.' Even if you were partly at fault, if your responsibility was 50% or less you can still recover compensation — reduced by your percentage. That's why it's worth reviewing your case even if you think you made a mistake.
Why these cases tend to be serious
A pedestrian has no frame, seatbelt, or airbags for protection. That's why injuries tend to be serious: fractures, head injuries, organ damage. This means higher medical bills, more time off work, and often a higher-value case. Documenting your injuries well from the start is key.
Don't let a lack of health insurance stop you. At Ruiz & Associates we connect you with doctors who treat you now and get paid from your final settlement. You pay nothing out of pocket, and your documented treatment strengthens your case.
What if the driver fled or had no insurance?
It's common for a driver who hits a pedestrian to flee or to have no insurance. But that doesn't leave you without options: your own auto policy may include uninsured motorist (UM) coverage, which in Texas generally covers pedestrians who are hit — even if the at-fault driver is never identified. Even if you don't drive, it's worth checking your household's policies.
What to do after a car hits you while walking
- 1Call 911. Ask for medical help and a police report.
- 2Accept medical care at the scene, even if you think you're fine.
- 3Take photos or ask someone to: the location, the car, the plate, traffic signs.
- 4Note the driver's and witnesses' info if possible.
- 5Look for cameras from nearby businesses or traffic.
- 6Don't give statements to the insurer without understanding your rights.
- 7Talk to a lawyer before accepting any offer.
With more than 30 years of experience in Texas courts, Ruiz & Associates understands how serious a pedestrian accident is, and we fight so you receive the full compensation you deserve. We serve Eagle Pass, Maverick County, San Antonio, and all of Texas. We work on contingency: you pay nothing unless we win your case.
Frequently asked questions
A car hit me but I think it was my fault for crossing wrong. Do I have a case?+
Possibly yes. In Texas, if your fault was 50% or less, you can still recover compensation. Also, the driver often shares or carries all of the responsibility. It's worth reviewing your case in a free consultation.
Can I recover if the driver who hit me fled?+
Yes, in many cases. Your uninsured motorist (UM) coverage generally covers pedestrians hit in a hit-and-run, even if the driver is never found. The police report is important.
I don't have a car or insurance. Do I still have options?+
Yes. You may be covered by a household family member's policy, or you can claim against the at-fault driver's insurance. A lawyer can review every available avenue.
How much does it cost to consult with you?+
Nothing. The consultation is free and confidential, and we work on contingency: you only pay if we win your case.
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This article is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.