The moments after being struck by a vehicle are a blur of shock, fear, and pain. Once you are home from the hospital, the physical and emotional weight of what happened begins to set in. 

If you were hit by a car while crossing outside a crosswalk, you might be worried and confused, wondering if you have any rights at all. You are not alone in this feeling, and it is common to have questions about what happens next. 

The laws surrounding these situations in Texas are more detailed than many people realize, and the location of the accident does not automatically determine who is responsible.

Texas Pedestrian Laws: More Than Just Crosswalks

A common belief is that pedestrians are always at fault for an accident if they are not in a marked crosswalk. This is not true. While pedestrians do have certain responsibilities, drivers in Texas also have a significant duty to be aware of their surroundings and protect others on the road.

The term for crossing the street outside of a designated crosswalk is often called “jaywalking.” While this action places certain duties on you, it does not give drivers a free pass to be careless. 

The core of the issue often comes down to the legal concept of “duty of care.” This is simply a person’s responsibility to act with reasonable caution to avoid harming others. Both drivers and pedestrians have this duty.

• Pedestrian Responsibility: In Texas, if you cross a street between two intersections that have traffic signals, you must yield the right-of-way to vehicles. You are expected to wait for a safe gap in traffic.
• Driver Responsibility: Drivers are legally obligated to exercise “due care” to avoid a collision with any pedestrian. This means they must stay vigilant and be prepared for unexpected events, whether they are driving down I-35 in Waco or navigating the busy streets of Dallas’s Bishop Arts District.
• Shared Road: The law sees the road as a space that must be shared safely. It sets rules for everyone to follow to minimize the risk of accidents.

The Concept of Negligence in a Pedestrian Accident Claim

When a legal claim is considered after an accident, the central idea is “negligence.” Negligence is a legal term for carelessness that results in injury to another person. It means someone failed to act as a reasonably careful person would have in a similar situation, and that failure caused harm. 

To show a driver was negligent, four things typically need to be demonstrated.

1. Duty: The driver had a legal duty to operate their vehicle safely and watch out for pedestrians. This is a given for anyone with a driver’s license.
2. Breach: The driver breached, or violated, that duty. This is the specific careless act, like speeding or looking at their phone instead of the road.
3. Causation: The driver’s breach of duty was the direct cause of the accident and your resulting injuries.
4. Damages: You suffered actual harm, which can be measured in terms of medical bills, lost work time, and physical and emotional pain.

There are many ways a driver can act negligently and cause an accident, even if a pedestrian is not in a crosswalk.

• Distracted Driving: This is a major cause of accidents and includes texting, programming a GPS, or any other action that takes a driver’s eyes or mind off the road.
• Speeding: A driver going faster than the speed limit, or too fast for the conditions, has less time to react to a pedestrian in the street.
• Driving Under the Influence: A driver impaired by alcohol or drugs has slowed reaction times and poor judgment, making them a danger to everyone.
• Failure to Yield: Even outside a crosswalk, a driver who sees a pedestrian and has plenty of time to stop or slow down but fails to do so could be considered negligent.

How “Proportionate Responsibility” Affects Your Case

In Texas, personal injury cases operate under a legal rule called “proportionate responsibility.” This is a way of assigning a percentage of fault to everyone involved in an accident. 

This rule is especially relevant if you were hit by a car while crossing outside a crosswalk, because an insurance company will almost certainly try to argue that you were partially, or completely, to blame.

What Evidence Is Used to Determine Fault?

Determining these percentages is not a guessing game. It is a process of gathering and analyzing all available evidence from the accident. The story is often much more complex than just where you were crossing the street.

• The Police Report: This document contains the responding officer’s initial observations, witness information, a diagram of the scene, and sometimes their opinion on what happened.
• Photos and Videos: Pictures of the accident scene, your injuries, and damage to the vehicle are very helpful. Surveillance video from nearby businesses or traffic cameras, like those overlooking the Magnolia Market in Waco or Reunion Tower in Dallas, can provide an unbiased view of the event.
• Witness Statements: Independent witnesses who saw the accident can provide an account of what happened, such as how fast the car was going or whether you looked before crossing.
• Cell Phone Records: If distracted driving is suspected, the driver’s phone records might show they were texting or on a call at the exact moment of the crash.

Steps to Take After You’ve Been Hit by a Car While Crossing Outside a Crosswalk

Now that you are home and trying to recover, taking a few organized steps can help protect your well-being and any potential legal claim you might have. The time after a traumatic event is confusing, but keeping track of information is very useful.

1. Document Your Experience: Start a simple journal. Each day, write down your pain levels, any new symptoms you notice, and how your injuries are impacting your daily activities. Note things you can no longer do, like walk your dog, go to work, or participate in hobbies.
2. Preserve Physical Evidence: Do not wash the clothes you were wearing during the accident. Store them in a safe, marked bag. If your phone or anything else you were carrying was damaged, keep it in its damaged state. This is all potential evidence.
3. Create a File for Expenses: Use a folder or a box to collect every piece of paper related to the accident. This includes hospital bills, receipts for prescriptions, mileage to and from doctor’s appointments, and any letters from your employer about missed work.

Dealing with Insurance Companies

Soon after the accident, you will likely get a call from the driver’s insurance company. The person calling is an insurance adjuster whose job is to resolve claims for the lowest possible cost to their company. 

It’s helpful to know how to interact with them.

• Avoid Recorded Statements: You are not required to give a recorded statement. Adjusters are trained to ask questions that may get you to say something that could be used to assign more blame to you. It is often wise to decline giving a statement until you have had a chance to understand your rights.
• Do Not Sign Anything: The insurance company might send you documents to sign, including a broad medical authorization form. These forms can give them access to your entire medical history, which they may use to argue that a pre-existing condition caused your pain, not the accident.
• Be Polite, but Brief: You can confirm your name and the date and location of the accident, but you do not need to go into detail about your injuries or how the accident happened. Do not apologize or say anything that sounds like you are accepting fault.

What Kind of Compensation Is Possible?

If the driver is found to be at fault for the accident, you may be able to recover compensation for your injuries and losses. In legal terms, this compensation is called “damages.” 

Damages are typically broken down into two main categories.

The first type is Economic Damages. These are losses that have a specific dollar amount attached to them.

• Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to future surgeries, physical therapy, and medication.
• Lost Wages: If you were unable to work because of your injuries, you can be compensated for the income you lost. If your injuries prevent you from returning to your old job, this can also include the loss of future earning capacity.
• Out-of-Pocket Costs: This includes any other expenses you had because of the accident, such as the cost of transportation to medical appointments or necessary home modifications.

The second type is Non-Economic Damages. These are losses that are real but do not have a set price tag. They compensate you for the human cost of the injury.

• Pain and Suffering: This compensates for the physical pain and emotional distress you have endured because of the accident.
• Mental Anguish: This addresses the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
• Physical Impairment and Disfigurement: This compensates for the loss of ability to do daily activities or for permanent scarring and other physical changes.

Your Path Forward

Being hit by a car is a terrifying experience, and worrying about the legal details while you are trying to heal only adds to the stress. Remember that Texas law is nuanced. 

Being hit by a car while crossing outside a crosswalk does not close the door on your right to seek justice. The actions of the driver, the available evidence, and a clear understanding of proportionate responsibility are all key parts of the picture.

At Tyson Law Firm, our team understands the challenges you are facing. We are here to listen to your story and help you understand your options. We handle the difficult communications with insurance companies so you can focus on what is most important: your recovery. 

If you have been injured in a pedestrian accident, we invite you to reach out.

• We can provide a clear evaluation of your situation.
• We will guide you through each step of the legal process.
• Our team will fight to protect your rights.

You can contact our team at our Dallas office at (214) 942-9000 or our Waco office at (254) 374-0000 to discuss your case.

Frequently Asked Questions About Pedestrian Accidents

How long do I have to file a claim in Texas?

In Texas, the statute of limitations for most personal injury claims, including pedestrian accidents, is two years from the date of the accident. This means you have a two-year window to file a lawsuit. 

While that seems like a lot of time, gathering evidence and building a strong case takes time. The sooner you begin the process, the easier it is to preserve crucial evidence and witness memories.

What if the driver who hit me was uninsured?

This is a difficult situation, but you may still have options. If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy, you might be able to file a claim with your own insurance company. 

This coverage is designed to protect you in a hit-and-run or if the at-fault driver has no insurance or not enough insurance to cover your damages.

Does it matter what time of day the accident happened?

Yes, the time of day can be a factor in determining fault. An accident that happens at night in a poorly lit area presents different challenges than one that occurs in broad daylight. 

Factors like visibility, the color of your clothing, and whether the vehicle’s headlights were on can all be considered when looking at the complete picture of how the accident happened.

The police report says I was at fault. Is my case over?

No, a police report is not the final word. It represents the officer’s opinion based on the evidence they gathered at the scene. Sometimes, reports contain errors or are written before all the facts are known. 

A police report is a valuable piece of evidence, but it can be challenged with other evidence like witness testimony or an accident reconstruction analysis.

I don’t feel that hurt. Should I still see a doctor?

Yes. After any accident, you should get a medical evaluation, even if you think your injuries are minor. Some serious injuries, like internal bleeding or concussions, do not show immediate symptoms. 

Also, seeing a doctor creates an official medical record that documents your injuries, which is necessary if you decide to pursue a claim for compensation later.