Pedestrian crashes

If you were the person on foot

• Get medical care, even if you feel able to walk away. CDC lists head-injury danger signs that can appear later; see medical care.
• Get the driver’s name, plate, insurance company, and policy number, or ask someone to get them for you.
• Ask witnesses for their names and phone numbers. Note any nearby businesses with cameras.
• Photograph the crossing, signals, signs, lighting, and where the car came to rest, when it is safe.
• Keep the shoes and clothing you wore, unwashed, in a bag.

If you were driving

Stop, call 911, and stay. Chapter 550’s duties apply whether the other person was in a car or on foot. Do not argue about fault at the scene; give the officer facts. Tell your insurer as soon as possible, as TDI advises for any accident.

What Chapter 552 says about right-of-way

Transportation Code Chapter 552 sets rules for pedestrians and drivers. In summary:

• Walk signals (§ 552.002). A pedestrian facing a walk signal may proceed in the direction of the signal, and the operator of a vehicle must stop and yield the right-of-way to the pedestrian. A pedestrian may not start crossing against a “Don’t Walk” or “Wait” signal.
• Crosswalks without a signal (§ 552.003). When traffic control signals are not in place or not operating, a driver must stop and yield to a pedestrian crossing in a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching closely enough from the opposite half to be in danger. The same section says a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is impossible for the driver to stop and yield. It also bars passing, from behind, a vehicle that has stopped at a crosswalk to let a pedestrian cross.
• Crossing outside a crosswalk (§ 552.005). A pedestrian crossing at a place other than a marked crosswalk, or an unmarked crosswalk at an intersection, must yield the right-of-way to vehicles. Between adjacent intersections where traffic signals are operating, a pedestrian may cross only in a marked crosswalk.
• Sidewalks and walking on the road (§ 552.006). A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and accessible. Where there is no sidewalk, a pedestrian walking along a highway must walk on the left side of the roadway or shoulder, facing oncoming traffic, unless that side is obstructed or unsafe. The section also says a driver emerging from or entering an alley, building, or private road or driveway must stop and yield to a pedestrian approaching on a sidewalk extending across it.
• Driver due care (§ 552.008). Notwithstanding the other provisions, a driver must exercise due care to avoid colliding with a pedestrian on a roadway, sound the horn when necessary, and take proper precaution on seeing a child or an obviously confused or incapacitated person on a roadway.

Coverage questions for the person on foot

If you own a car and have auto insurance, it may help even though you were walking. TDI’s auto guide says medical payments coverage pays if you are hurt while walking or biking, and describes PIP as paying medical bills plus things like lost wages. TDI also says uninsured/underinsured motorist coverage pays if the driver had no insurance or not enough, and in hit-and-run accidents, with the police-report condition explained on the hit-and-run page. Household members may be covered under a relative’s policy; read the policy or ask the agent.

The driver’s liability coverage is the other main source. TDI notes Texas minimums are $30,000 per person and $60,000 per accident for injuries, which may not cover serious injuries. Health insurance may pay first and later ask to be repaid from any settlement.

Hospital liens and releases

If you were admitted to a hospital within 72 hours, Property Code Chapter 55 may give the hospital a lien on your claim against the driver. See hospital and EMS liens and injury claims and releases before signing anything.

The crash report

The officer’s report usually records the location, conditions, and statements. You can request it as described on crash reports. If something in it seems wrong, ask the agency how to request a supplement rather than assuming it will be changed.