Hit-and-run pedestrian accidents in Texas occur when a driver strikes a pedestrian and flees the scene without stopping to provide aid or exchange information as required by law.
Texas law requires drivers involved in pedestrian accidents to stop immediately, provide reasonable assistance to injured victims, and exchange contact and insurance information.
Fleeing the scene is a serious crime, with penalties ranging from misdemeanor charges for property damage to felony convictions that can result in up to 20 years in prison for fatal accidents.
What Are Texas Hit-and-Run Laws?
A hit-and-run in Texas is when a driver involved in an accident leaves the scene without stopping to help or exchange information. This means the driver failed to meet their legal duties under Texas Transportation Code § 550.021.
If a driver hits a person walking, they must stop right away at the scene or as close to it as is safe. They have to share information and help anyone who is hurt in a reasonable way, like taking them to the hospital if needed.
Leaving the scene isn’t just a traffic ticket; it’s a serious crime with harsh penalties that get worse depending on how badly someone was hurt:
- Class B Misdemeanor: Property damage only (up to 180 days in jail).
- Class A Misdemeanor: Minor injuries (up to one year in jail).
- Third-Degree Felony: Serious bodily injury (punishable as a third-degree felony under Texas law).
- Second-degree felony: applies when the incident results in a death.
While the state handles criminal charges against the driver, you have separate civil rights to get money for your injuries. These are two completely different cases with different goals.
What Are Your Rights After a Hit-and-Run as a Pedestrian
You have the right to seek compensation for your injuries even if the driver is never caught. Texas law lets you file a civil claim for damages that’s completely separate from any criminal case against the driver.
Your rights as an injured pedestrian include filing a police report to create an official record and pursuing claims through various insurance policies. You also have the right to legal representation on a contingency basis, meaning you don’t pay unless we win.
Even if you weren’t in a crosswalk when you were struck, you may still recover damages under Texas’s modified comparative fault rule, which allows you to obtain compensation as long as you’re not found to be 51% or more at fault for the accident.
The key is protecting these rights by working with an experienced Texas pedestrian accident lawyer and taking the right steps immediately after the accident happens.
What Steps Should You Take After a Hit-and-Run
The actions you take in the first 48 hours after being hit determine both your health outcome and the strength of your legal claim. Every detail matters when building your case.
Call 911 and Get Medical Care
Your first priority is getting help. Calling 911 brings both police and paramedics to the scene, creating an official record and providing you with immediate medical attention.
Some serious injuries like internal bleeding or brain trauma don’t show symptoms right away. That’s why you need a professional medical evaluation even if you feel okay at first.
Report the Crash and Document the Scene
Tell the responding officers everything you remember about the vehicle and driver. Use your phone to take pictures of your injuries, the accident location, any vehicle parts left behind, and skid marks on the road.
This visual evidence becomes crucial for accident reconstruction experts who can prove what happened. The more photos you take, the stronger your case becomes.
Gather Witnesses and Surveillance
Witnesses often leave quickly, so get their names and phone numbers before they disappear. Ask nearby businesses or homes if they have security cameras or doorbell cameras that might have recorded the incident.
I send investigators to the scene immediately to secure this footage before it gets erased. Most security systems only keep recordings for a few days or weeks.
Preserve Physical Evidence
Keep the clothes and shoes you were wearing without washing them. Torn clothing and damaged personal items serve as powerful physical evidence that helps prove the impact and your injuries.
Store these items in a safe place where they won’t be disturbed. Even small details like fabric tears can tell the story of what happened.
Avoid Recorded Statements and Contact a Lawyer
Don’t give a recorded statement to any insurance company without speaking to a hit-and-run attorney first. Insurance adjusters ask questions designed to get you to say something that hurts your claim.
They might ask if you were distracted or could have avoided the accident. These seem like innocent questions, but your answers can be twisted to blame you later.
What Compensation Can You Recover After a Texas Hit-and-Run
Texas law allows you to recover money for both your financial losses and your personal suffering. The total amount depends on the extent of your injuries and the insurance coverage available.
Medical Expenses and Future Care
This covers all costs related to your medical treatment, from the emergency room visit to ongoing rehabilitation. It includes hospital bills, surgery, physical therapy, medication, and any medical equipment you need.
If your injuries require future medical care, you can also recover those costs. This might include additional surgeries, long-term therapy, or modifications to your home.
Lost Wages and Diminished Earning Capacity
You can recover the income you lost while unable to work, including your salary, bonuses, and benefits. If you’re self-employed, this includes the business income you couldn’t earn.
If your injuries prevent you from returning to your old job or limit how much you can earn in the future, you can claim damages for diminished earning capacity. This requires expert testimony to prove your reduced earning potential.
Pain, Suffering, and Mental Anguish
These non-economic damages compensate you for physical pain, emotional trauma, and loss of enjoyment of life. Texas doesn’t cap these damages in most personal injury cases.
This includes compensation for depression, anxiety, PTSD, and the overall impact the accident has had on your quality of life.
Wrongful Death Damages for Families
If you lost a loved one in a pedestrian hit-and-run, surviving family members can file a wrongful death claim. This allows recovery of funeral expenses, lost financial support, and compensation for the loss of love and companionship.
Spouses, children, and parents of the deceased can file these claims under Texas law.
What if the Driver Is Not Found
Many people think they have no options if the hit-and-run driver is never identified, but that’s wrong. You can often recover compensation from insurance policies and other sources even without finding the driver.
Uninsured Motorist Coverage for Pedestrians
Your own Uninsured/Underinsured Motorist coverage can pay for your damages in a hit-and-run, even though you were walking. This coverage treats the unknown driver as an uninsured motorist.
If you don’t have auto insurance but live with someone who does, you may be covered under their policy as a “resident relative.” This is one of the most important sources of recovery in hit-and-run cases.
PIP, MedPay, and Health Insurance
Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage provides quick payment for medical bills regardless of who caused the accident. These coverages pay immediately while we pursue other sources for full compensation.
Your health insurance will also pay medical bills, but it will seek repayment from any settlement through a process called subrogation.
Texas Crime Victims Compensation Program
The Texas Crime Victims’ Compensation Program helps victims of violent crimes pay for certain expenses. This state fund can assist with medical bills, lost wages, and counseling costs up to $50,000.
You must cooperate with law enforcement and meet specific eligibility requirements to qualify for this program.
Who Pays Your Bills Now
While your case is pending, medical bills pile up quickly, causing financial stress on top of your physical injuries. Understanding who pays what can help reduce this anxiety.
Texas hospitals must provide emergency care regardless of your ability to pay, but those bills will eventually come. Your health insurance typically pays first, but they’ll want repayment from any settlement you receive.
If you don’t have health insurance, hospitals may file a lien against your future settlement. This gives them a legal claim to part of your recovery to cover unpaid medical bills.
I negotiate with hospitals and insurance companies to reduce these liens and maximize the money you keep from your settlement.
How Does Fault Work in Texas Pedestrian Cases?
Texas uses a modified comparative negligence rule for pedestrian accidents. This means you can recover damages as long as you’re 50% or less at fault for what happened.
If a jury finds you are 51% or more at fault, you recover nothing. Insurance companies know this rule and will try to shift blame onto you to reduce or eliminate their payout.
Common tactics include claiming you were:
- Crossing outside a crosswalk: This doesn’t automatically make you at fault since drivers must still watch for pedestrians.
- Wearing dark clothing at night: This may reduce your recovery, but it doesn’t excuse a driver who fled the scene.
- Distracted while walking: This might assign you some fault, but it rarely makes you the majority at fault.
Your percentage of fault reduces your final recovery proportionally; for example, if you have $100,000 in damages but are found 20% at fault, you would recover $80,000.
How Do We Find the Driver
Finding the hit-and-run driver significantly improves your compensation options by allowing you to access the driver’s insurance policy. I use an aggressive investigative approach that starts the moment you hire me.
Canvas Witnesses and Nearby Businesses
I immediately sent investigators back to the scene to re-interview witnesses and check with local businesses. Often, an employee or regular customer saw something that provided a critical lead.
We also check with delivery drivers, postal workers, and others who regularly work in the area. These people notice vehicles and drivers that seem out of place.
Pull Traffic and Private Camera Video
We quickly send preservation letters to secure video from traffic cameras, red-light cameras, and private surveillance systems before it’s deleted. A single frame showing a license plate can solve the case.
Most businesses and many homes have security cameras today. We systematically check every possible source of video evidence in the area.
Use License Plate Readers and Digital Trails
We work with experts who can access data from automatic license plate readers along major roadways. This technology can trace a vehicle’s path before and after the accident.
Cell phone data, credit card records, and other digital evidence can also help track down fleeing drivers.
Leverage Social Media and Community Alerts
Spreading information about the vehicle through social media and neighborhood apps generates tips from the community. People want to help catch hit-and-run drivers.
At Perrin Law PLLC Injury & Accident Lawyer, I also work with local news media to publicize the case when appropriate. Public attention often leads to the breakthrough we need.
How Long Do You Have to File a Texas Claim
You have two years from the date of the accident to file a personal injury lawsuit in Texas. You can never get your money back after this deadline, which is known as the statute of limitations.
Some situations have shorter deadlines. Claims against government entities may have deadlines as short as six months. Insurance policies also have notice requirements that must be followed for uninsured motorist claims.
Waiting hurts your case because evidence disappears, witnesses forget details, and insurance companies become more skeptical of old claims. Starting early gives us more time to investigate and negotiate.
The criminal case against the driver has different deadlines and doesn’t affect your civil claim timeline.
Do Criminal Charges Affect Your Civil Case
A criminal case against the driver and your civil claim are two separate legal proceedings with different purposes. The criminal case punishes the driver, while your civil case compensates you for losses.
A criminal conviction makes proving the driver’s fault easier in your civil case, but it’s not required. You can win your civil claim even if the driver is never criminally charged or found not guilty.
Criminal courts may order restitution, but these amounts are usually limited and don’t cover all your damages. Your civil case can proceed without waiting for criminal proceedings to finish.
Evidence from the criminal investigation, including police reports and witness statements, helps build your civil case.
Why Hire Perrin Law PLLC Injury & Accident Lawyer for a Hit-and-Run Pedestrian Case
I represent injury victims across Texas and focus on securing the best possible outcomes in complex cases. I prepare every case as if it’s going to trial, which forces insurance companies to take your claim seriously.
When you work with me, you get my personal attention, not a case manager’s. I start investigating immediately to find the driver and preserve crucial evidence that disappears quickly.
Here’s what sets my approach apart:
- Immediate investigation: I deploy investigators within hours to secure evidence.
- Insurance expertise: I know how to maximize recovery from all available sources.
- Trial preparation: Insurance companies know I’ll go to court, leading to better settlements.
- Personal service: You work directly with me throughout your case.
Because I work on contingency, you pay no attorney fees unless we win your case. This means I only succeed when you succeed.
Experienced Pedestrian Accident Law Firm in Lubbock, Texas
I understand the fear and uncertainty you’re facing after a hit-and-run accident. You’re dealing with injuries, medical bills, and the frustration of not knowing who hurt you.
You don’t have to face this alone. I’ve helped many people in your exact situation recover the compensation they deserved, even when the driver was never found.
Your consultation is completely free with no obligation to hire me. I’ll explain your options and help you understand what your case might be worth.
The sooner we talk, the sooner I can start working to protect your rights and find every available source of compensation. Don’t let valuable evidence disappear while you’re deciding what to do.
Hit-and-Run Pedestrian Accident FAQs
Can I Still Recover Compensation if the Hit-and-Run Driver Is Never Found?
Yes, you can recover through your own uninsured motorist coverage, a family member’s auto insurance policy, or the Texas Crime Victims’ Compensation Program.
Does My Own Auto Insurance Cover Me as a Pedestrian in a Hit-and-Run?
Yes, your uninsured motorist coverage applies to hit-and-run accidents even when you’re walking. If you live with someone who has auto insurance, their policy may also cover you.
Can I File a Claim if I Wasn’t in a Crosswalk When Hit?
Yes, not being in a crosswalk doesn’t prevent you from filing a claim. Texas drivers have a duty to watch for pedestrians everywhere, and you can recover if you’re less than 51% at fault.
Should I Give a Recorded Statement to My Insurance Company After a Hit-and-Run?
You should consult with an attorney before giving any recorded statement to protect your rights. Insurance companies often use these statements to reduce claim values.
How Long Does It Take to Investigate a Hit-and-Run Pedestrian Accident?
Investigation timelines vary, but I typically uncover initial leads within days to weeks. Complex cases may take months, but I keep you informed throughout the process.
What Are the Criminal Penalties for Hit-and-Run in Texas?
Penalties range from up to 180 days in jail for property damage to 2-20 years in prison for fatal accidents. The severity depends on the extent of injuries caused.
Will Criminal Restitution Affect My Civil Settlement?
Criminal restitution is separate from civil damages, but any restitution you receive will typically be subtracted from your civil recovery to prevent double payment.