Scott Krist Mar 01, 2024
Pedestrian Accidents
what-to-do-if-you-get-hit-by-a-car

The Texas Department of Transportation (TxDOT) has rules that drivers involved in car accidents must follow.

First, those involved need to offer help to the injured.

Whether you are a pedestrian, cyclist, driver, or passenger in another car, the driver who hit you needs to follow these laws. While the driver who hit you probably does not have the medical expertise to provide professional care, it is still their responsibility to call 911 and / or help you move to a place of safety, as long as that movement will not cause further injury.

Document Information

Drivers involved in car accidents must exchange specific information as per TxDOT regulations. If you are a pedestrian or cyclist, the driver who hit you must still provide you with the following:

  • Contact information
  • Vehicle identification
  • License plate numbers
  • Insurance information
  • Driver’s license information

You should also document the location of the accident as well as any witnesses’ names, addresses, and contact information.

Report the Car Accident

Lady is on the phone as an ambulance approaches. What to do if you get hit by a car. The Texas Transportation Code establishes laws governing what drivers must do after a crash. Drivers must stop their cars at the scene. Along with attending to the injured and exchanging information, they must stay at the site until law enforcement arrives if the crash involves:

  • Fatalities or injuries
  • A driver or drivers under the influence of alcohol or drugs
  • A driver who flees the scene
  • An uninsured driver or drivers
  • A vehicle or vehicles with too much damage to be moved
  • Apparent property damage of $1,000 or more

If you are hit as a pedestrian or cyclist, the probability of injury is extremely high. It would be difficult, if not impossible, for a driver to think otherwise and leave the accident scene. Drivers who ignore Texas law and leave the scene of accidents producing injuries can face felony charges. Costly fines and imprisonment are potential penalties, not to mention a personal injury lawsuit to collect financial damages for any and all injured parties.

Gather Evidence

If you can do so safely, start gathering evidence at the accident site. Take pictures documenting your injuries, property damage, and the scene overall. Road conditions, traffic signs and signals, road markings, street lighting, or other aspects of the environment may be important.

For accidents occurring in business areas, ask proprietors to save security camera footage. If bystanders or witnesses have photos, video, or dashcam content, ask them to send it to you. Your Texas car accident lawyer can use this information when investigating your accident and building your case.

Get Prompt Medical Attention

Woman is on the phone next to an injured cyclist. What to do if you get hit by a car. Unfortunately, most who are hit by cars need emergency care. If you are fortunate enough not to, still see a doctor soon after your accident–within hours or a day of the crash. Do not assume you “got lucky” if you initially manage to walk away from the scene. This step is essential both for your safety and the success of your injury claim, should you need to file one.

Some injuries have delayed effects. Adrenaline surges in the moments after a crash, and this adrenaline can hide systems or distract you from them. Pain may set in later or appear as you put more stress on certain parts of the body throughout the day. Even deadly injuries can take time to show. Brain trauma, internal organ damage, and / or internal bleeding may not be immediately apparent, but if left unnoticed and without prompt treatment, it can lead to long-term damage or death.

Regarding your injury claims, postponing treatment gives the at-fault party an opening to argue that your injuries could not have been that severe if you did not seek fast care and to blame you for any worsening in your condition. They will also allege the injuries are not connected to the accident, but instead were caused by an intervening or independent event that occurred in between the crash and seeking treatment.

Learn Your Legal Options

As soon as possible after your auto accident, reach out to a Texas pedestrian accident attorney. Texas car accident victims have the right to seek compensation from the party who caused the crash leading to their injuries. By partnering with an experienced trial attorney promptly after an accident, you put yourself in the best position to collect the compensation you deserve.

It is rare for pedestrians or cyclists to bear the full blame for an accident. However, the at-fault party will do their best to put as much blame as possible on you. Texas follows a comparative negligence, or proportionate responsibility, system for personal injury cases, which means:

  • Victims can only pursue damages if they are less than 51% responsible for the accident causing their injuries.
  • Victims eligible to seek damages but who still bear some fault for the accident will see their total compensation reduced according to their percentage of fault.

Your attorney’s job will be to gather evidence to prove the at-fault party’s negligence and to protect you from unfair blame. It is their job to value your losses with precision, factoring in all expenses and losses incurred by the accident and calculating a settlement demand.

If you were a pedestrian injured in a car accident, The Krist Law Firm can handle all negotiations with the at-fault party, working to secure a fair settlement outside of the courtroom. However, if the other side does not engage fairly and you need to take your case to court, our award-winning legal team will be primed and ready to fight for you at trial.