What Texas Pedestrians Need to Know About Hit-and-Run Accidents
If you’ve been injured in a Texas pedestrian hit-and-run accident, protecting your rights starts with understanding how these cases work under state law. Dallas, Fort Worth, and other Texas cities report a concerning number of pedestrian hit-and-run incidents every year. Below, we break down what Texas pedestrians need to know about filing claims, pursuing compensation, and the laws involved.
Hit-and-Run Laws in Texas: An Overview
Under the Texas Transportation Code, leaving the scene of an accident is a criminal offense. Texas law specifically requires drivers to stop and provide aid if someone is injured (Tex. Transp. Code § 550.021). Failing to do so may lead to felony charges, especially if the crash results in serious injury or death.
Your Rights as an Injured Pedestrian in Texas
- Right to Medical Care: Your immediate priority should be receiving medical treatment, regardless of whether the driver is identified.
- Right to Pursue a Claim: Injured pedestrians may file a personal injury claim under Texas Civil Practice and Remedies Code § 33.001, even if the at-fault driver remains unknown.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): Many Texas pedestrian victims use their own UM/UIM auto insurance to cover damages in hit-and-run cases.
Steps to Take After a Hit-and-Run Pedestrian Accident
- Call 911 Immediately: Ensure an official report is filed with local law enforcement.
- Document the Scene: If possible, photograph vehicle debris, tire marks, and injuries.
- Gather Witness Information: Eyewitnesses can be crucial in identifying the vehicle or driver.
- Seek Legal Guidance: Hit-and-run cases often involve complex insurance and liability questions that require professional guidance under Texas law.
Compensation Available in Texas Pedestrian Hit-and-Run Claims
Texas law allows injured pedestrians to recover:
- Medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
These claims fall under Texas Civil Practice and Remedies Code Title 4, specifically regarding personal injury and wrongful death claims.
What If the Driver Is Never Found?
Unfortunately, many hit-and-run drivers evade capture. In these situations, Texas pedestrian victims may turn to their own auto policy’s uninsured motorist coverage. Texas Insurance Code § 1952.101 requires UM/UIM coverage to be offered with auto policies, though drivers may reject it in writing.
Additional Texas Resources and Legal References
Local Considerations in Dallas and Fort Worth
According to the Texas Department of Transportation (TxDOT), Dallas County and Tarrant County consistently rank among the top counties for pedestrian accidents statewide. Locations such as I-30, I-35W, and busy intersections near downtown districts often see higher incident rates.
For more insights, see our related article: Car Accident Injuries May Not Always Be Apparent.
Frequently Asked Questions (FAQs)
Can I file a claim if the hit-and-run driver isn’t caught?
Yes, through your uninsured/underinsured motorist coverage under Texas Insurance Code § 1952.101, you may still recover damages even if the driver is not identified.
How long do I have to file a pedestrian injury claim in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations is generally two years from the date of the incident.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
