Pedestrian Accident Claims in Dallas: Your Rights When a Vehicle Hits You
Can you sue if you’re hit by a car as a pedestrian in Texas? Yes, you often have grounds for a lawsuit, but it doesn’t automatically mean that you will receive fair compensation for your injuries. In this guide, you will learn more about what you should do within the first 24 to 72 hours after the accident, as well as when it makes sense to hire a personal injury attorney to assist with your case.
Yes, You Can Sue…Here's What That Actually Means
As a pedestrian, if you are hit by a car, it means that you have the right to pursue an insurance claim as well as a lawsuit against the driver (if needed). It’s important to understand that these are actually two different approaches to receiving compensation for your injuries. Even if the at-fault driver has insurance coverage, it might not be enough to pay for all of the medical bills and associated costs.
In the state of Texas, a pedestrian accident is treated in the same way as any other type of car accident. The same fault rules apply, as well as a statute of limitations of two years. Hiring an accident attorney is the best way to make sure that you don’t miss out on available compensation.
Right After the Accident: The First 24–72 Hours
It can feel like a whirlwind immediately after an accident. There is a lot going on during this time: the police are gathering information to file their report, you need medical attention, and it’s important to collect evidence of the accident scene whenever possible. Always collect contact information from the other people who were involved in the accident, including the at-fault driver and any witnesses in the area.
One thing to keep in mind is that adrenaline can mask pain and injuries. Even if you feel fine right after the accident, it’s possible that pain and injuries can make themselves known a few hours later.
Expect the insurance company to call you within a few days. They are proactive about gathering information about the accident, but this doesn’t necessarily mean that they have your best interests in mind. The truth is that insurance adjusters are trying to reduce the amount of money that is paid. So, you should always consult with a personal injury attorney before speaking with the insurance adjuster.
Why “Just File a Claim” Isn't Enough in Texas
Even if it seems like a straightforward process to file a pedestrian accident claim in Dallas, there are legal factors that need to be considered, which might affect the settlement amount that you receive.
The Texas minimum insurance limits for pedestrian accident coverage are as low as $30,000 per person and $60,000 for an accident. These limits are so low that they often don’t cover the real cost of serious injuries. A pedestrian is quite vulnerable to severe injuries when hit by a car, often resulting in fractures, surgery, or long-term rehabilitation.
If the driver is uninsured or underinsured, then it means that there will likely be a gap between the insurance money that is available and the amount of medical bills and lost wages that you deserve. In this situation, it might make sense to file a lawsuit against the at-fault driver to cover the additional damages.
How The Claims Process Works for a Successful Settlement
The most important thing that needs to happen to ensure that you receive a fair settlement is that sufficient evidence needs to be gathered to prove the driver was at fault and the extent of your injuries. Not only will an experienced legal team collect the police reports for the accident, but a strong case is also built on medical records and treatment. This documentation is critical to establishing the cause of the injuries and the necessary costs for recovery.
Additionally, there needs to be an investigation to determine liability in the accident. Since the state of Texas uses comparative negligence, your settlement could be reduced based on the percentage of fault that you carry for the accident.
Once the investigation is done and evidence is collected, an experienced legal team will send a formal demand letter that outlines what your claim is worth. The next step is a negotiation process with the insurance company. Then, if a fair settlement is not offered, it might make sense to pursue a lawsuit.
What If You Were Partly at Fault for the Accident?
The comparative negligence rule in Texas applies to both drivers and pedestrians. As long as you are found to be 50% or less at fault, then there is a possibility that you can receive compensation. This is one of the reasons why it’s critical to hire an experienced legal team, because it takes evidence and documentation to prove liability in the accident.
Insurance companies are aggressive about trying to shift blame in order to reduce the amount of money that needs to be paid. They might try to prove that you (the pedestrian) were at fault for the accident. This is the type of dispute that an accident attorney can push back on to help you receive the settlement that you deserve.