Filing a Claim After a Pedestrian Hit-and-Run in Texas

A pedestrian hit-and-run accident can be one of the most overwhelming events in a person’s life. In Texas, accidents involving pedestrians are all too common; and when the responsible driver flees, the injured victim is often left with mounting medical bills, lost wages due to the inability to work, and uncertainty on how to move forward. Fortunately, if you or a loved one has been injured in a pedestrian hit-and-run in Texas, you do have legal options.

Even in cases where the at-fault driver is not found, you may still be able to recover compensation through an insurance claim. Take a closer look at the steps you need to take to file a claim in these circumstances — and how an attorney may be able to help you obtain the compensation you deserve.

What to Do After a Pedestrian Hit-and-Run in Texas

Call 911 and Report the Incident

You will want to ensure you call 911 and report the incident. A police officer can help you file an accident report, which can be important evidence for your case later. They can also help with gathering witness statements from anyone who may have seen the incident occur.  The 911 operator can also dispatch an emergency medical unit.

Seek Medical Attention Immediately

Even when you think you are fine, some injuries, such as concussions or internal bleeding, may not be immediately obvious. This is why it’s important to visit an emergency room or a doctor as soon as possible after being hit to receive a proper and thorough medical evaluation. This visit can also enable you to have concrete documentation that can support your potential hit-and-run injury claim.

Gather Any Possible Information About the Vehicle

While recalling details may be difficult if you’re in shock or trying to recover from injuries, it’s crucial to try to remember anything you can about the vehicle that hit you. The make and model, the color, and even part of the license plate number or design can be helpful. Any information is better than none, and tied together with other evidence that might be available, these details may help in trying to identify the driver.

Look for Nearby Witnesses

If anyone happened to see the accident, including individuals who may have been traveling with you or nearby onlookers, make sure to get their contact information and ask if they would be willing to provide a statement. Police can also assist with gathering this information if you are unable.

Check for Security Cameras

Depending on the location of the accident, you may be near businesses or property that have security cameras installed. Check all areas where a camera could be located in case there is footage that documents the incident or offers a record of the vehicle and driver.

Contact an Attorney for Additional Assistance

In cases where a driver flees the scene after a pedestrian is hit, it’s important to take immediate action to protect your rights and increase the chances of identifying the driver. One of the best ways to safeguard your rights is by contacting an attorney. A skilled pedestrian accident lawyer can assist you in deciding the right path to pursue for your particular case, as well as navigating insurance claims and any legal proceedings.

Just because you’re the victim in a hit-and-run accident, this doesn’t mean you have to take on the resulting financial responsibility alone. A personal injury attorney can help you pursue compensation options and take care of complicated legal steps while you focus on recovering. 

Can You Still File a Claim if the Driver Is Not Found?

Generally, you can still file a claim even if the driver is never identified. This is possible through uninsured motorist (UM) coverage or personal injury protection (PIP), depending on your insurance policy.

UM coverage provides compensation for medical bills, lost wages, and pain and suffering due to a pedestrian accident, while PIP coverage accounts for medical expenses and lost wages, regardless of fault. Texas law requires PIP coverage language in all Texas auto insurance policies; however, many drivers opt out of this through a written rejection.

Even as a pedestrian, you may be covered under a UM or PIP policy if you own a vehicle or if you are covered under a family member’s policy. However, it’s important to keep in mind that insurance companies often try to minimize payouts, which is why having an attorney on your side can make a difference.

Filing a Hit-and-Run Injury Claim in Texas

Investigating the Accident

An experienced attorney and legal team can take steps to identify the at-fault driver by:

• Working with law enforcement to obtain police and accident reports
• Speaking with the investigators who were at the scene
• Reviewing any security camera footage available
• Interviewing witnesses near the scene of the accident
• Gathering expert testimony, if needed.

When it comes to hit-and-runs of any type, a law firm’s resources can be helpful in investigating the incident.

If you or a loved one has been injured in a pedestrian hit-and-run in Texas, you have legal options — even if the driver is never located. Contact the Houston pedestrian accident lawyers at Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Determining Liability and Compensation

In cases where the driver is unable to be located, an attorney can still help you file an uninsured motorist (UM) claim and calculate how much compensation you may need, which could include any of the following:

• Medical expenses, both current and any expected in the future
• Lost wages and any reduced earning capacity
• Pain and suffering
• Emotional distress.

Damages for pain and suffering, as well as emotional distress, are collectively known as non-economic damages and can be just as important to consider as economic damages for losses like medical expenses and lost wages.

Negotiating With Insurance Companies

Insurance adjusters are notorious for making low-ball offers or denying claims entirely. Your attorney can negotiate aggressively to ensure you receive fair compensation.

Filing a Lawsuit

A hit-and-run injury claim can be complicated and overwhelming to tackle, especially if you’re fighting against insurance companies that might attempt to deny or reduce your claim. When insurance companies refuse to cooperate and offer a fair settlement, your lawyer can file a lawsuit to seek compensation.

You don’t have to face navigating a pedestrian hit-and-run claim alone. A lawyer can help you pursue the compensation you deserve.

Understanding Texas Hit-and-Run Laws

In Texas, leaving the scene of an accident where there is an injury or a death is considered a felony offense under Texas Transportation Code § 550.021. This means a hit-and-run driver can face severe penalties, including up to 20 years in prison, fines of up to $10,000, and driver’s license suspension or revocation. However, criminal charges do not provide compensation to the victims of these accidents, which is why it’s important to pursue a civil claim to recover any financial losses.

How Long Do You Have to File a Claim?

Generally, there is a two-year statute of limitations in Texas for filing a typical personal injury lawsuit after a hit-and-run accident. (*However, always speak directly to an attorney to obtain the exact deadlines that apply to your potential claims.) This means you would have two years from the date of the accident to take legal action. There are several exceptions that may apply, including but not limited to the following:

• If the victim was a minor, the statute of limitations may be extended.
• If new evidence about the driver emerges, legal action may still be possible even after the deadline has passed.

Make sure to seek legal advice as quickly as possible. Waiting too long can result in losing your right to receive any compensation at all.

Get the Legal Representation You Need Today

Recovering from a pedestrian hit-and-run in Texas can be stressful, especially when you’re trying to navigate a complex legal system. By hiring a personal injury attorney, you can protect your rights and have the best chance to obtain the compensation you need to move forward with your life.

The experienced team at Terry Bryant Accident & Injury Law has been fighting for injury victims since 1985. We understand the challenges you are facing, and we can leverage our experience and resources to advocate for your best interests while you focus on healing.

If you’ve been injured in a pedestrian hit-and-run accident, call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.