Question 1

What should I do after being hit by a car while walking in Austin?

Accepted Answer

Stay down and let someone call 911, because adrenaline masks serious injuries. Get the license plate or ask a bystander to, collect witness names, and go to the hospital the same day.

Question 2

Who has the right of way in a Texas crosswalk?

Accepted Answer

The pedestrian, in most situations. Transportation Code 552.003 requires drivers to yield to a pedestrian crossing in a crosswalk, and crosswalks do not have to be painted. Every intersection has unmarked crosswalks.

Question 3

I was crossing outside a crosswalk. Does that end my claim?

Accepted Answer

No. Transportation Code 552.005 requires a pedestrian crossing outside a crosswalk to yield, which becomes a share of fault, but Section 552.008 still requires every driver to exercise due care to avoid hitting people on the road.

Question 4

Can a driver be charged with a crime for hitting a pedestrian in a crosswalk?

Accepted Answer

Yes, in some cases. The Lisa Torry Smith Act at Transportation Code 545.428 makes it a Class A misdemeanor to injure a pedestrian in a crosswalk through criminal negligence, and a state jail felony where the injury is serious.

Question 5

The driver drove away after hitting me. Do I have any options?

Accepted Answer

Usually yes. Leaving the scene of an injury crash violates Transportation Code 550.021 and is a felony where the injury is serious. Uninsured motorist coverage is written to cover hit-and-run drivers and typically reaches pedestrians.

Question 6

Is a child held to the same standard as an adult after being hit?

Accepted Answer

No. Texas treats a child under five as incapable of negligence, and measures an older child against a reasonably careful child of the same age. Drivers must take proper precaution on seeing a child on the roadway.

Question 7

I do not own a car. Is there any insurance coverage for me?

Accepted Answer

Often yes. Uninsured motorist coverage and personal injury protection follow people rather than vehicles, so a policy held by a relative in your household may cover you while you were on foot.

Question 8

I was hit in a parking lot or driveway. Is that different?

Accepted Answer

Yes. Crashes on private property often produce no police crash report, so photographs and witness names carry the case, and the property owner may share responsibility for layout, lighting, or sight lines.

Question 9

A closed sidewalk put me in the street. Who is responsible?

Accepted Answer

Possibly the contractor or the entity that approved the work. Transportation Code 552.006 tells pedestrians to use a sidewalk where provided, and a project that closes one without a safe marked route can answer for what follows.

Question 10

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

Accepted Answer

Two years from the crash under Civil Practice and Remedies Code 16.003. If the driver was never identified, your own uninsured motorist policy carries separate notice requirements that can be missed much sooner.

Pedestrian Accident Lawyer in Austin, TX

Frequently asked questions

What should I do after being hit by a car while walking in Austin?

Who has the right of way in a Texas crosswalk?

I was crossing outside a crosswalk. Does that end my claim?

Can the driver be charged with a crime for hitting me in a crosswalk?

The driver drove away. Do I have any options?

My child was hit. Is a child held to the same standard as an adult?

I do not own a car. Is there any insurance for me?

I was hit in a parking lot or a driveway. Is that different?

It was dark and I was wearing dark clothes. Will that be used against me?

A closed sidewalk or construction detour put me in the street. Who is responsible?

I had been drinking. Does that ruin my case?

The police report blames me. Can that be challenged?

What can I recover after being hit as a pedestrian?

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

What Areas Does the Firm Serve?

Why Work With a Board-Certified Attorney?

How Much Does a Consultation Cost?

Does the Firm Handle Cases Other Than Those Listed on the Site?

We're here to help

Austin

Get Directions

Phone: (512) 457-8080

Attorney Brent A. Devere

Waco

Get Directions

Phone: (254) 800-9400
Email: BDevere@1411 west.com

Fax: (512) 457-8060
Email: BDevere@1411west.com

Leave us a review

Pedestrian Accident Lawyer in Austin, TX

Frequently asked questions

What should I do after being hit by a car while walking in Austin?

Who has the right of way in a Texas crosswalk?

I was crossing outside a crosswalk. Does that end my claim?

Can the driver be charged with a crime for hitting me in a crosswalk?

The driver drove away. Do I have any options?

My child was hit. Is a child held to the same standard as an adult?

I do not own a car. Is there any insurance for me?

I was hit in a parking lot or a driveway. Is that different?

It was dark and I was wearing dark clothes. Will that be used against me?

A closed sidewalk or construction detour put me in the street. Who is responsible?

I had been drinking. Does that ruin my case?

The police report blames me. Can that be challenged?

What can I recover after being hit as a pedestrian?

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

What Areas Does the Firm Serve?

Why Work With a Board-Certified Attorney?

How Much Does a Consultation Cost?

Does the Firm Handle Cases Other Than Those Listed on the Site?

We're here to help

Austin

Get Directions

Phone: (512) 457-8080

Attorney Brent A. Devere

Waco

Get Directions

Phone: (254) 800-9400 Email: BDevere@1411 west.com

Fax: (512) 457-8060 Email: BDevere@1411west.com

Leave us a review

Phone: (254) 800-9400
Email: BDevere@1411 west.com

Fax: (512) 457-8060
Email: BDevere@1411west.com