The scene of a pedestrian accident is like a photograph that starts to fade the second it’s taken. Witnesses walk away, cars are moved by police, and the crucial details of what just happened can disappear into memory. When you’ve just been hit by a car, your first priority is your health, but a close second is capturing the truth before it vanishes. This isn’t the time for guesswork. It's time for a clear, actionable plan that empowers you to protect yourself.
Before you ever need to speak with a Houston pedestrian accident lawyer, these immediate steps can create the solid foundation necessary for a successful personal injury claim.
Key Takeaways about Steps to Protect Your Pedestrian Accident Claim
- A person’s health and safety are the first priority after being hit by a car; seeking immediate medical evaluation is essential, as some serious injuries may not be immediately apparent.
- Filing an official police report creates a crucial legal document that records the details of the pedestrian accident.
- Thoroughly documenting the scene through photos, videos, and gathering witness information helps preserve important evidence that can disappear quickly.
- Individuals should be cautious about their statements to drivers and insurance adjusters, as admitting any fault or downplaying injuries can harm a future claim.
- Following all prescribed medical treatments and keeping detailed records establishes a clear link between the accident and the resulting injuries.
- Understanding Texas's statute of limitations is important, as there is a limited time frame in which to file a personal injury lawsuit.
A Pedestrian Accident Checklist: 7 Steps to Take Immediately
Following a structured checklist can help you focus during a stressful time, especially if you realize you need a pedestrian accident attorney. If you are too injured to perform these steps yourself, ask a trusted friend, family member, or even a helpful bystander to assist you.
Step 1: Prioritize Your Safety and Get Medical Attention
Your health is the absolute top priority. Before you do anything else, assess your physical condition and move to a safe location away from traffic if you can, like a nearby sidewalk or storefront.
- Call 911 immediately. Request both police and emergency medical services, even if you think your injuries are minor.
- Accept medical help. Adrenaline can mask pain and the severity of injuries like internal bleeding or a traumatic brain injury. Getting checked by paramedics at the scene and following up at an emergency room or with your doctor is vital.
- Don’t say “I’m fine.” It’s a natural reaction, but it can be used against you later by an insurance company if serious injuries surface. It’s better to say, “I’m not sure, I need to see a doctor.”
A complete medical evaluation not only starts your path to healing but also creates the first official record of the injuries you sustained in the accident.
Step 2: Report the Accident to the Police
When the police arrive, cooperate fully and give them a clear, factual account of what happened. Avoid guessing or speculating about details you are unsure of. The officer will create an official crash report, which is an invaluable piece of evidence.
This report will typically contain:
- The date, time, and location of the incident.
- Contact and insurance information for all parties involved.
- Statements from the driver, you, and any witnesses.
- The officer’s initial assessment of how the accident occurred and any citations issued.
Having an official pedestrian accident report in Houston establishes a formal record of the event. This report is often the first document an insurance company will ask for when you file a claim. In Texas, drivers are required to report accidents that result in injury or death.
Step 3: Document Everything You Can at the Scene
Your smartphone is one of the most powerful evidence-gathering tools you have. If you are able, use it to capture as much detail as possible before the scene is cleared.
- The Driver and Vehicle: Take photos of the driver’s license, insurance card, and license plate. Get clear pictures of the car that hit you from all angles, paying close attention to any damage.
- The Scene: Photograph the intersection or road where it happened. Capture traffic signals, stop signs, crosswalks, and any skid marks on the pavement. Note the weather and road conditions. If you were near a local landmark like Memorial Park or walking in a busy area like the Texas Medical Center, including that in your photos can help establish the location.
- Your Injuries: Take pictures of any visible cuts, bruises, or scrapes as soon as possible. These initial photos can be very impactful in showing the immediate harm you suffered.
This visual evidence tells a story that words alone cannot and can be critical in demonstrating how the accident happened and who was at fault.
Step 4: Identify and Speak with Witnesses
Other people who saw the accident are neutral, third-party sources of information. Their testimony can be incredibly persuasive.
Look around for anyone who stopped to help or who may have seen what happened. Politely ask for their name and phone number, as witness accounts often relate to common causes of pedestrian accidents. Most people are willing to help if they witness an accident. A quick note in your phone with their contact information is all you need. Don’t press them for a detailed statement on the spot; just securing their contact info is the most important goal.
Witnesses can confirm key details, such as whether the driver was speeding, ran a red light, or was looking at their phone.
Step 5: Be Careful What You Say
In the moments after an accident, it's easy to say something you don't mean out of shock or a desire to be polite. Be mindful of your words.
- Do not admit fault. Avoid saying things like "I'm sorry" or "I wasn't looking." These simple phrases can be misinterpreted as an admission of guilt.
- Limit your conversation with the driver. Exchange insurance and contact information, but do not discuss the details of the accident or your injuries with them.
- Decline to give a recorded statement. The at-fault driver's insurance company may call you very quickly, sometimes even while you are still at the scene. You are not required to give them a recorded statement. It is best to decline until you have had the chance to consult with a legal professional.
Insurance adjusters are trained to ask questions designed to minimize their company's payout. Protecting your rights starts with being careful about what you say.
Step 6: Continue to Follow All Medical Advice
Your medical journey doesn't end when you leave the emergency room. It is crucial to follow through with all recommended care.
- Attend all follow-up appointments with your primary care physician, specialists, and physical therapists.
- Fill all prescriptions and take them as directed.
- Keep a simple journal of your pain levels, symptoms, and how the injuries are affecting your daily life (e.g., missed work, inability to do chores, etc.).
Consistent medical treatment demonstrates to an insurance company that your injuries are serious and directly related to the accident, which can affect how long pedestrian accident claims take to settle. Gaps in treatment can be used to argue that your injuries are not as severe as you claim or were caused by something else.
Step 7: Understand the Deadlines for Your Personal Injury Claim
Every state has a law that sets a time limit on your right to file a lawsuit after an injury. This is called the statute of limitations. In Texas, the deadline for most personal injury cases is two years from the date of the accident.
While two years may seem like a long time, building a strong case takes time. Evidence needs to be gathered, medical records collected, and damages calculated. Waiting too long can put your claim at risk. Being aware of this deadline is an important step in protecting your right to seek compensation.
Common Mistakes to Avoid After a Pedestrian Accident
Knowing what not to do can be just as important as knowing what to do. Here are a few common missteps that can unfortunately weaken a valid personal injury claim:
- Posting on Social Media: Insurance companies frequently check claimants' social media profiles. A photo of you at a family barbecue or a comment about feeling better could be taken out of context and used to argue that your injuries are not significant. It's best to refrain from posting about the accident or your recovery.
- Accepting the First Settlement Offer: The first offer from an insurance company is often far less than what your claim is actually worth. It is a tactic to resolve the case quickly and for the lowest amount possible. Do not accept any offer or sign any paperwork without fully understanding the long-term costs of your injuries.
- Trying to Handle It All Yourself: Dealing with a determined insurance adjuster while you are trying to recover from injuries is a difficult challenge. They have a team of people working to protect their bottom line. Having a dedicated advocate on your side levels the playing field.
Avoiding these simple errors can help ensure you are treated fairly throughout the claims process.
How a Houston Pedestrian Accident Lawyer Can Support Your Case
When you’re focused on healing, the thought of managing legal paperwork and negotiations can feel like a heavy burden. This is where a legal professional can step in, and moments like this often make people ask you need a personal injury lawyer. A Houston pedestrian accident lawyer acts as your advocate, handling the complexities of the legal process so you can concentrate on your health.
They can assist by:
- Conducting a thorough investigation into the accident to establish liability—a legal term for fault.
- Gathering all necessary evidence, including the police report, medical records, and witness statements.
- Hiring investigators or accident reconstructionists if needed to build a stronger case.
- Calculating the full value of your claim, including current and future medical bills, lost wages, and compensation for pain and suffering.
- Negotiating directly with the insurance companies on your behalf to demand a fair settlement.
- Preparing to take your case to court if the insurance company refuses to offer just compensation.
A lawyer works to protect your interests and champions your right to a full financial recovery.
Houston Pedestrian Accident FAQs
We’ve gathered some common questions people have after being injured in a pedestrian accident to provide you with more clarity.
What if the driver who hit me was uninsured or left the scene?
If you are hit by an uninsured or underinsured motorist, or if it was a hit-and-run, you may still have options for compensation. You might be able to file a claim through your own auto insurance policy if you have Uninsured/Underinsured Motorist (UM/UIM) coverage, which is designed for these exact situations.
Can I still have a claim if I was partially at fault for the accident?
Texas follows a "modified comparative fault" rule. This means you can still recover damages as long as you are not found to be 51% or more at fault for the accident. Your compensation would be reduced by your percentage of fault. For example, if you were found 10% at fault, your final award would be reduced by 10%.
How much does it cost to hire a lawyer for a pedestrian accident?
Most personal injury law firms work on a contingency fee basis. This means you do not pay any upfront fees. The law firm only gets paid a percentage of the settlement or verdict it obtains for you. If they are not successful in recovering money for you, you owe them nothing for their time and effort.
What kind of compensation can I receive in a personal injury claim?
Compensation, often called "damages," is intended to cover the losses you suffered due to the accident. This can include economic damages, like medical expenses, lost income, and future lost earning capacity. It can also include non-economic damages for things like physical pain, mental anguish, and loss of enjoyment of life.
Do I have to go to court for my pedestrian accident claim?
The majority of personal injury claims are settled out of court through negotiations with the insurance company. A settlement is an agreement that resolves the case without a trial. However, if a fair settlement cannot be reached, filing a lawsuit and being prepared to go to court may be the necessary step to get the compensation you deserve.
How long will my pedestrian accident case take to resolve?
The timeline for a case can vary widely depending on its complexity. Factors include the severity of your injuries, how long your medical treatment lasts, and whether the insurance company is willing to negotiate fairly. A straightforward case might settle in a few months, while a more complex one that goes to trial could take a year or longer.
Get Saddled Up for the Ride with Suits & Boots
Dealing with the consequences of a pedestrian accident is a tough ride, but you don't have to go it alone. The team at Suits & Boots Accident Injury Lawyers is here to help you get back on your feet. We combine the determined WORK of the BOOTS with the calculated SKILL of the SUITS to fight for the maximum compensation you deserve. We were tired of seeing people get shortchanged by other firms, which is why we started ours—to put clients first.
We champion your cause and demand full and just compensation. If you were hit by a car in Houston, let us handle the legal challenges so you can focus on healing.
Claim or start your free, no-obligation 30-Day Investigation by contacting us at (713) 489-0922 or through our online form.