Hit by a Car in a Crosswalk? Know Your Legal Rights
Imagine stepping into a marked crosswalk with the walk signal turned on. You are following the rules and watching traffic, but a driver fails to stop and suddenly hits you. In an instant, you may be dealing with serious injuries, medical bills, missed work, and uncertainty about what to do next. The aftermath of a pedestrian crash can be confusing, especially when you are trying to recover physically while also dealing with the financial consequences.
When you’re hit by a car in a crosswalk, a Texas pedestrian accident lawyer can fight for the justice you deserve. This guide explains your rights after a crosswalk accident, including what to do after being hit by a car while walking, the compensation you may be able to recover, and the deadlines that can affect your claim.
Understanding Crosswalk Laws in Texas
Texas law gives pedestrians specific rights when crossing a roadway. These rules are intended to help protect people traveling on foot. When a driver fails to follow the rules and causes a collision, you can pursue a personal injury claim.
Driver Responsibilities
Under Texas Transportation Code Section 552.003, a driver must stop and yield the right-of-way to a pedestrian when there is no traffic signal and the pedestrian is on the same half of the roadway as the vehicle or is approaching closely enough from the opposite half to be in danger. The law also prohibits a driver from passing another vehicle that has stopped at a crosswalk to allow a pedestrian to cross.
Even when drivers have the right-of-way, they should watch for pedestrians.
Pedestrian Responsibilities
Pedestrians also have responsibilities. For example, a pedestrian cannot suddenly leave a curb and enter a crosswalk directly into the path of a vehicle so close that the driver cannot reasonably stop and yield. Crosswalks with traffic signals control when pedestrians may lawfully cross the street.
Common Causes of Crosswalk Accidents
Pedestrian crashes can happen for many reasons, but driver behavior is often a major factor. Some common causes include:
- Distracted driving: Looking at a phone, texting, adjusting the navigation system, or other distractions can prevent a driver from seeing someone in a crosswalk.
- Speeding: A driver traveling too fast may have less time to react to a pedestrian and may cause more serious injuries in a collision.
- Failure to yield: Drivers may fail to notice a pedestrian or refuse to stop when required.
- Poor visibility: Darkness, rain, fog, glare, and obstructed sightlines can make it harder for drivers to see people crossing the road.
- Turning vehicles: Drivers making left or right turns at intersections may focus on other traffic and not notice a pedestrian in the crosswalk.
- Ignoring traffic signals: Rolling through a stop sign or red light can put pedestrians crossing legally at serious risk.
Evidence from the scene, traffic cameras, nearby businesses, witnesses, and the vehicles involved may help establish what happened.
Common Injuries From Pedestrian Accidents
Pedestrians have little protection, and even a relatively low-speed collision can cause significant injuries. Common injuries include:
- Traumatic brain injuries: A person may suffer a concussion or more serious brain injury after hitting the vehicle, ground, or another object.
- Broken bones and fractures: Arms, legs, ribs, hips, and other bones can fracture during the impact or fall.
- Spinal cord injuries: Damage to the spine can cause severe pain, mobility problems, or permanent disability.
- Soft tissue injuries: Sprains, strains, muscle injuries, and other damage can cause pain and limit daily activities.
- Emotional trauma: A serious crash can lead to anxiety, depression, post-traumatic stress disorder (PTSD), or fear of walking near traffic.
Some injuries are obvious immediately, while others may take hours or days to become noticeable. Seeking medical attention after a crash can help identify injuries and document your treatment.
What to Do After Being Hit by a Car in a Crosswalk
Your health and safety should come first after a pedestrian crash. The following steps can help protect your rights if you’re hit by a car in a crosswalk.
Call 911 and Get Medical Attention
Emergency responders can evaluate your injuries and arrange transportation to a hospital if needed. Even if you feel relatively okay, consider getting checked by a medical professional because some injuries may not be immediately obvious.
Document the Scene if You Can
Take photographs of the crosswalk, traffic signals, vehicle damage, your visible injuries, road conditions, and anything else that may help show what happened. If there were witnesses, ask for their names and contact information.
Get the Police Report and Keep Records
The police report is important evidence. Keep the report number and other information you receive. Save medical bills, receipts, prescription costs, treatment records, mileage to medical appointments, and documentation of time missed from work.
Be Careful When Speaking With Insurers
An insurer may contact you and ask for a recorded statement. Be careful because your words can be used against you. Speak with a lawyer before agreeing to a recorded statement.
Talk to a Lawyer Before Accepting a Settlement
An early settlement offer may not account for the full extent of your injuries, future medical care, lost income, or other losses. A Texas pedestrian accident lawyer can help you understand if a settlement offer is fair.
How a Texas Pedestrian Accident Lawyer Can Help You
After a pedestrian crash, you may be dealing with serious injuries while an insurer is evaluating your claim. Insurers have financial reasons to limit how much they pay, and an initial offer may not reflect the full value of your losses.
A lawyer can investigate the crash, collect evidence, and communicate with the insurer on your behalf. Your lawyer can also protect you from statements or decisions that could hurt your claim.
Having legal guidance can give you more time and space to focus on your recovery. Instead of handling everything alone, you have someone protecting your interests and fighting for the compensation you deserve.
What Compensation Can You Recover After a Crosswalk Accident?
If you have been injured because of another person’s negligence, you may be able to seek compensation for different types of losses.
- Medical expenses: This can include emergency care, hospital stays, surgery, medication, physical therapy, rehabilitation, and future treatment.
- Lost wages: If your injuries prevent you from working, you may be able to seek compensation for income you lost during your recovery.
- Diminished earning capacity: A permanent injury may affect your ability to perform your job or earn the same income in the future.
- Pain and suffering: Compensation may account for physical pain, emotional distress, and the effects an injury has on your quality of life.
- Long-term care and disability costs: Severe injuries may require ongoing treatment, assistive equipment, home modifications, or other support.
- Punitive damages: In cases involving particularly reckless behavior, courts may award punitive damages.
A lawyer can examine your circumstances and work to account for both your immediate and long-term losses.
The Deadline for Filing a Pedestrian Accident Lawsuit in Texas
Under Texas Civil Practice and Remedies Code Section 16.003, injured people generally have two years from the accident date to file a personal injury lawsuit. Certain circumstances can affect the deadline. Do not assume you have exactly two years in every situation.
Waiting too long can put your ability to recover compensation at risk. Important evidence can also become harder to find, and witnesses may forget details over time. Contacting a pedestrian accident lawyer quickly helps your legal team build the strongest possible case.
Contact Texas Lawyers 365 for a Free Consultation
If you were hit by a car while crossing the street, you may have legal rights that can help you seek compensation for your injuries and losses. You do not have to figure out the process by yourself while recovering from a serious crash.
At Texas Lawyers 365, our team can help you understand your options and take the next steps. We can review the circumstances of your pedestrian accident, help gather evidence, communicate with insurers, and pursue the compensation you may deserve.
