What to Do After a Pedestrian Accident in Texas
A pedestrian hit by a car is usually the most seriously injured person at the scene and the one least able to protect a claim in the moment. Knowing the order of priorities afterward is what keeps a case intact.
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Health first, and let it build the record
Get emergency treatment even if the injuries feel manageable, because pedestrian impacts cause internal and head injuries whose symptoms surface later. The medical record created now is also the document that ties every injury to this crash.
A gap between the collision and the first treatment is the opening an insurer uses to argue the injuries came from something else. Prompt care closes it.
Make sure the police come and the report is right
A pedestrian crash should always be reported. The officer's report records the drivers, witnesses, and a first account of how it happened, and it is the spine of the later claim. If you are able, make sure your version reaches the officer.
You cannot control what the report concludes, but being certain it exists and that you are correctly identified in it matters, because correcting a report later is far harder than getting it right at the scene.
Identify the driver and the vehicle
Get the driver's name, license, insurance, and plate, and if you cannot, ask someone with you to. In a hit-and-run, any fragment, a partial plate, color, make, direction of travel, becomes the thread the investigation pulls. Our hit-and-run page covers that situation.
The vehicle itself is evidence. Where it came to rest and the damage on it help reconstruct speed and point of impact, so photographs of the scene before anything moves are valuable.
Capture the scene before it disappears
Crosswalk markings, signal timing, sightlines, skid marks, and the positions of everything involved tell the story of fault, and they are gone within hours. Photographs and the names of witnesses, taken by you or someone helping you, preserve them.
Nearby businesses and homes often have cameras that captured the crash, but that footage is overwritten on a cycle of days, so noting where the cameras are early is what makes it recoverable at all.
Be careful what you say and sign
Do not admit fault or guess at what happened, to the driver, to bystanders, or to an insurer who calls afterward. Texas compares fault, and an offhand apology can be turned into a share of blame that reduces your recovery.
The at-fault driver's insurer may offer a quick settlement or ask for a recorded statement before your injuries are understood. You are not required to give one, and doing so before you know the extent of your injuries usually helps only the insurer.
Mind the deadline, especially if a government vehicle is involved
Texas generally allows two years to file, but if the vehicle belonged to a city or other government body, a much shorter written-notice deadline applies. The clock starts at the crash, while you are still recovering, which is exactly when it is easiest to miss.
Our deadline and liability pages cover the timing and who pays; this page is the order of things to do first so those later steps still have a case to stand on.
Summary
| Step | Do | Why it matters |
|---|---|---|
| Medical care | Get evaluated promptly | Health, and links injury to crash |
| Police report | Ensure one is made | Records drivers, witnesses, account |
| Driver details | Name, plate, insurance | Identifies who is responsible |
| Scene evidence | Photos, witness names | Markings and cameras vanish fast |
| Statements | Admit nothing, sign nothing | Comparative fault, quick lowball |
| Deadline | Note the date, act early | Short notice for government vehicles |
Keep reading
Texas Pedestrian Accident Lawyer
A pedestrian struck by a vehicle has no protection at all, so the injuries are severe and the fault argument starts immediately.
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Frequently asked questions
Yes. Pedestrian impacts commonly cause head and internal injuries whose symptoms appear hours or days later, and a delay between the crash and treatment lets an insurer argue the injuries were unrelated. Prompt care protects both your health and the claim.
You are not required to, and giving one before your injuries are understood usually helps only the insurer. Because Texas compares fault, an early statement can be used to assign you a share of blame. It is reasonable to decline until you have advice.
Preserve any detail you have, a partial plate, the vehicle's color, make, or direction, and the names of witnesses, then report it promptly. Those fragments plus nearby camera footage are how hit-and-run drivers are identified. Uninsured motorist coverage may also apply.
Texas generally allows two years, but a much shorter written-notice deadline applies if a government vehicle was involved, and the clock starts at the crash. Because these deadlines are easy to miss while recovering, the date should be noted early.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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