Hit by a Car as a Pedestrian in Texas: Crosswalks, Parking Lots and Drive-Thrus
Updated: 16 hours ago
Being hit by a car while you're on foot is frightening. Pedestrians have no metal frame or airbag around them, so even a "slow" hit in a parking lot can cause real injuries. Whether it happened in a crosswalk, on a sidewalk, or as a driver pulled out of a drive-thru, here's what to do next.
Right after it happens
Call 911. Ask for police and medical help, even if the driver wants to "handle it."
Stay where you are if you're hurt. Let paramedics check you.
Get the driver's information: name, phone number, license plate, insurance and the car's make and color. If the driver drives off, write down anything you remember.
Take photos of the spot, the crosswalk or sidewalk, signals, signs, the car and your injuries if you're able.
Look for cameras. Businesses, drive-thrus and gas stations often have them. Write down which ones you see; footage may be erased after a short time.
Ask witnesses for a phone number.
What Texas traffic law says (general information)
Crosswalks: where no working traffic signal controls the crossing, Texas law requires drivers to yield to a pedestrian crossing in a crosswalk who is in the driver's half of the road or close enough to be in danger. Pedestrians also may not suddenly step into the path of a car that's too close to stop (Tex. Transp. Code § 552.003).
Driveways, alleys and drive-thrus: a driver coming out of an alley, driveway or building must stop before crossing the sidewalk area and yield to pedestrians there (Tex. Transp. Code § 545.256).
What these rules mean for your situation depends on the facts. An attorney can explain how they apply to your crash.
In the days after
Follow up with a doctor. Pain from a pedestrian accident can get worse over the next few days.
Start an accident folder: medical papers, receipts, photos and missed-work notes.
Request the crash report from TxDOT once it's ready. Our Texas crash report (CR-3) guide shows how.
Be careful with the driver's insurance company. Stick to facts, and don't sign anything you don't understand.
Check your own policy. Your own auto insurance may include coverage that applies even when you were walking. Ask your agent.
Mind the deadline. Texas generally sets a two-year deadline for many personal injury lawsuits (Tex. Civ. Prac. & Rem. Code § 16.003), with some exceptions.
Questions people ask after being hit by a car
Who pays if I'm hit by a car while walking?
Often the driver's insurance is involved, and your own auto policy may include coverage that applies even when you were on foot. Which coverage applies depends on the facts and the policies. Ask your agent about your policy, and an attorney about your accident.
What if the driver drove off?
Call 911 right away and give police every detail you remember. Write down nearby businesses with cameras. Your own policy may include uninsured motorist coverage; ask your agent.
What if I wasn't in a crosswalk?
You may still have options. Who is at fault depends on everything that happened, not just where you were standing. An attorney can explain how Texas rules apply to your accident.
I'm hurting more today than right after. Is that normal?
Many people feel more pain in the days after an accident. See a doctor and keep every record. Our guide on whether to see a doctor after a car accident explains why it matters.
Related guides
You don't have to figure this out alone
At Accident Advocate Network, we talk with you first, for free. We help you understand general next steps, stay organized, and, if you want a lawyer, we share independent Texas personal injury attorneys you can choose from for a free case evaluation. You decide what's next.
Prefer to call? 945-266-2321.
Sources
Texas Transportation Code § 552.003 and § 545.256: statutes.capitol.texas.gov
Texas Civil Practice and Remedies Code § 16.003: statutes.capitol.texas.gov
Accident Advocate Network is not a law firm and does not provide legal or medical advice. This article is general information only and may not apply to your situation. Talk to a licensed Texas attorney about your specific case.
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