Pedestrian safety on U.S. roads remains a critical concern. According to the National Highway Traffic Safety Administration (NHTSA), in 2023, there were over 7,314 pedestrian fatalities, marking a continued upward trend over recent years and the highest number recorded in over 40 years. Several factors contribute to this alarming rise, including distracted driving caused by mobile devices, increased vehicle traffic, poor roadway design, unsafe driving behaviors, and the growing presence of larger vehicles such as SUVs and trucks, which reduce driver visibility of pedestrians.
Navigating busy streets can be dangerous, making it essential for pedestrians to understand the risks and be prepared to take the right steps if involved in an accident. This guide outlines what to do immediately after being hit by a car as a pedestrian, protecting your health and legal rights while pursuing rightful compensation with the help of an experienced pedestrian accident lawyer.
Step 1: Ensure Your Safety and Get Medical Help
Your health and safety are the top priorities. Even if you believe your injuries are minor, some serious issues like internal bleeding or head trauma may not show symptoms right away. Call 911 immediately or ask someone nearby to do so. Getting prompt medical attention is essential, not only for your wellbeing but also for documenting injuries that will support any future legal claim.
Step 2: Document the Accident Scene Thoroughly
If you are physically able, gather as much evidence as possible to strengthen your case later. Important actions include:
- Taking clear photos or videos of your injuries, the vehicle involved, and the accident scene.
- Writing down details about how the accident occurred, including time, location, weather, and traffic conditions.
- Collecting contact information from witnesses, including names and phone numbers.
- Getting the driverโs name, contact information, and insurance details.
This documentation can be vital with a pedestrian accident lawyer in Houston for proving liability and supporting your claim.
Step 3: Report the Accident to Law Enforcement
Reporting the accident to the police is a critical legal step. Call 911 or the local police to ensure an official report is filed. The police report serves as an objective account of the incident and can be used as key evidence in your case. Obtain a copy of the report or note its reference number for your records.
Step 4: Avoid Admitting Fault or Making Statements Without Legal Advice
Itโs important to be careful with what you say after an accident. Avoid admitting fault or offering statements that might be used against you by insurance companies or opposing legal teams. Stay polite but reserved and focus on collecting facts. Before making any detailed statements, consult with a qualified pedestrian accident lawyer or a car accident lawyer in Houston to protect your rights.
Step 5: Consult an Experienced Pedestrian Accident Lawyer
A specialized lawyer can guide you through the legal complexities of pedestrian accident claims. They will:
- Evaluate your caseโs strength and advise on next steps.
- Handle communication with insurance companies.
- Gather and preserve crucial evidence.
- Calculate damages including medical costs, lost income, and pain and suffering.
- Negotiate settlements or litigate in court if needed.
Early legal representation greatly improves your chances of securing fair compensation.
Step 6: Understand Your Legal Rights and Potential Compensation
As a pedestrian hit by a vehicle, you may be entitled to compensation covering:
- Medical expenses and ongoing treatment.
- Rehabilitation and therapy costs.
- Lost wages and diminished earning capacity.
- Pain, suffering, and emotional distress.
- Long-term disability or disfigurement.
- Funeral expenses in fatal cases.
In Texas and most states, you must prove the driverโs negligence to recover damages. A pedestrian accident lawyer will work to establish liability and protect you from wrongful blame.
Step 7: Be Aware of the Statute of Limitations
Every state enforces a time limit, called the statute of limitations, for filing injury lawsuits. In Texas, you typically have two years from the accident date to file a claim. Missing this deadline usually means losing the right to seek compensation. Acting promptly and seeking legal counsel early is crucial.
Laws and Programs That Protect Pedestrians in Texas
Texas, home to over 30 million residents, faces significant pedestrian safety challenges in its bustling urban centers like Houston, Dallas, Austin, and San Antonio. Texas law requires drivers to exercise caution and yield the right-of-way to pedestrians crossing at marked crosswalks or intersections without traffic signals, as specified in Texas Transportation Code Section 552.001. Passing vehicles stopped for pedestrians is also prohibited.
The Texas Department of Transportation (TxDOT) leads multiple initiatives to improve pedestrian safety, including:
- Safe Routes to School Program : Enhancing safe walking and biking paths for students.
- Pedestrian Safety Action Plans: Targeting high-risk areas with improved signage, lighting, and curb extensions.
- Public Awareness Campaigns: Educating drivers and pedestrians on safe road behaviors.
Despite these efforts, Texas recorded over 810 pedestrian fatalities in 2023. Cities like Austin and Houston are adopting Vision Zero strategies, focusing on eliminating traffic deaths through engineering improvements, law enforcement, education, and equity.
Protect Your Rights with Mokaram Injury Lawyers
If you or a loved one has been injured as a pedestrian in Texas, having a trusted legal partner is vital. Mokaram Injury Lawyers specialize in pedestrian accident cases and understand the complex challenges victims face. From evidence collection to aggressive negotiation and courtroom advocacy, we fight to secure the compensation you deserve.
Donโt face this difficult time alone. Contact Mokaram Injury Lawyers today at 281-222-2222 for a free, confidential consultation, and let us help you move forward with confidence and justice.
