I was hit by a car while walking. What are my rights?

Pedestrians have rights of way that drivers must respect

Where there is no working traffic signal, Texas law requires a driver to stop and yield to a pedestrian crossing in a marked crosswalk or an unmarked one at an intersection. Where there is a signal, a pedestrian facing a Walk signal has the right of way. And whatever the signals say, every driver has a duty to exercise due care to avoid hitting a pedestrian on the road.

That last rule matters more than most people think. Even when a pedestrian crosses mid-block, where the pedestrian is supposed to yield, a driver who was speeding, distracted, or not watching the road can still be responsible.

When they say it was your fault

The driver’s insurer will almost always argue that the pedestrian darted out, was crossing against the light, was not in a crosswalk, or was wearing dark clothes at night. Texas uses proportionate responsibility. Even if some share of fault is put on you, you can recover as long as you are not more than 50% responsible, reduced by your share. Where the driver could have seen you and stopped — the speed, the lighting, the distance, whether they braked — is usually the heart of the case.

Parking lots and driveways

Many pedestrians are hit in parking lots, at store entrances and in driveways, by drivers who are backing up, looking for a space, or turning in without looking. The traffic code applies differently on private property, but a driver still owes a duty of ordinary care to people walking there. In some cases the property owner can share responsibility, for example where poor lighting or a dangerous layout contributed.

Your own insurance can cover you even though you were walking

This surprises almost everyone. If you have auto insurance, your policy’s personal injury protection often covers your medical bills and lost income when you are hit as a pedestrian, and uninsured/underinsured motorist coverage can pay when the driver has no insurance, not enough insurance, or drove away. Coverage can also extend to members of your household. Many pedestrian cases are hit-and-runs, and this coverage is often the only source of recovery in those.

The injuries

A person on foot has no protection at all. Leg and pelvic fractures, head injuries from the windshield or the pavement, spinal injuries and internal injuries are common even at city speeds, and recovery can take months or years. Get evaluated the same day, keep every appointment, and keep the clothes and shoes you were wearing: the damage to them can show how and where the impact happened.

Walking where there is no sidewalk

Much of the Houston area, and many roads around El Paso, have no sidewalks at all. Texas law expects a pedestrian on a road without a sidewalk to walk on the left side, facing oncoming traffic, where practical. Walking with traffic instead may be raised against you, but it does not excuse a driver who drifted onto the shoulder, was speeding, or was not watching the road. On roads like these, the lighting, the width of the shoulder and whether the driver had room to move over are usually what decide the case.

Authority: Tex. Transp. Code ch. 552 (pedestrians) · Tex. Ins. Code ch. 1952 (UM/UIM and PIP) · Tex. Civ. Prac. & Rem. Code ch. 33 (proportionate responsibility)