If you were hit as a pedestrian in The Woodlands, what you do in the first hours and days matters. Seek medical care, report the crash, document everything, and understand that fault under Texas law is not always straightforward. Even if the driver or insurer argues you share some responsibility, Texas uses a modified shared-fault system that may still allow recovery depending on the specific facts of your case.
Take These Steps Immediately After the Accident
Get Medical Attention Right Away
Your health is the first priority. Even if injuries appear minor at the scene, symptoms of internal bleeding, traumatic brain injury, or soft tissue damage may not be immediately apparent. Follow-up care matters just as much as the initial emergency visit. Medical records created consistently after the crash often become the most important documentation in any future claim.
Call Law Enforcement and Gather Evidence
A police report creates an official record documenting the location, statements from involved parties, witness information, and the officer’s initial observations about fault. If you are physically able, photograph the vehicle, the roadway, any crosswalk markings, traffic signals, and your visible injuries. Collect the driver’s contact and insurance information, and note the locations of any nearby surveillance cameras.
According to the Texas Department of Transportation, thousands of pedestrian crashes occur across the state each year, many resulting in serious injuries or fatalities. The Woodlands and surrounding Montgomery County have seen increased pedestrian exposure as the area has grown.
Understanding Texas Pedestrian Laws
Pedestrian accidents are not automatically the driver’s fault. Texas law closely examines the specific circumstances of the crash. Texas Transportation Code Chapter 552 governs pedestrian rights and duties at every type of crossing.
- Section 552.002: When a pedestrian control signal displays “Walk,” vehicle operators must yield the right-of-way entirely.
- Section 552.003: Drivers must stop and yield to pedestrians in crosswalks when no traffic control signal is present. A pedestrian may not suddenly enter a crosswalk from the curb directly into the path of a vehicle that cannot stop in time.
- Section 552.005: Pedestrians crossing outside a marked or unmarked crosswalk must yield the right-of-way to vehicles. Crossing outside designated areas increases the pedestrian’s share of fault.
- Section 552.008: Regardless of other rules, all vehicle operators must exercise due care to avoid colliding with a pedestrian, sound their horn when necessary, and take special precautions when a child or incapacitated person is present on the roadway.
How Fault Is Determined: Texas Modified Comparative Fault
Texas uses a modified comparative fault system with a 51% bar. This is one of the most important rules in any pedestrian accident claim. Fault can be shared between multiple parties based on the percentage each contributed to the crash. If a pedestrian is found to be 50% or less at fault, they may still recover damages, though the total will be reduced proportionally by their percentage. If a pedestrian is found 51% or more at fault, they recover nothing.
Because of this rule, pedestrian claims often become disputes over the specific details of what happened: where the pedestrian was crossing, whether signals were followed, the driver’s speed and attentiveness, and visibility at the time of the crash. Insurance companies routinely use these arguments to reduce or deny claims, making documentation and evidence preservation critical from the outset.
Insurance Coverage in Pedestrian Accident Cases
The driver’s liability insurance is typically the first source of compensation, covering medical expenses, lost income, and other documented damages. However, additional coverage may be available through your own auto policy even though you were on foot:
- In hit-and-run situations, UM coverage may still provide a path to recovery even when the driver cannot be identified.
Your Deadline to Act in Texas
Texas personal injury claims are generally subject to a two-year statute of limitations from the date of the accident. Missing this deadline typically bars recovery entirely, regardless of how severe the injuries are or how clearly the driver was at fault. Because pedestrian accident cases can involve complex fault disputes, medical documentation, and insurance investigations, consulting with an attorney early in the process is important to protect your rights.
Evidence That Can Make a Difference
Pedestrian accident claims depend heavily on documentation gathered close to the time of the crash, as physical evidence fades and witnesses’ memories become less reliable over time.
- Police report and any citations issued
- Medical records and treatment history
- Photographs and videos from the scene
- Witness statements and contact information
- Surveillance or dashcam footage
- Phone or vehicle data relevant to distraction or speed
Speak With a The Woodlands Attorney
Having the right legal guidance can make a meaningful difference in how your case moves forward. Morgan Bourque Attorney at Law represents individuals in The Woodlands and surrounding areas. Reach out through our contact page or call (713) 766-6001 to discuss your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.