What to Do If You're Hit as a Pedestrian in Houston

Pedestrian crashes are among the deadliest accidents on Houston roads. Texas consistently ranks in the top three states for pedestrian fatalities, and Harris County alone sees dozens each year. If you or a loved one has been hit as a pedestrian, the steps you take in the next few hours and days can make the difference between a fair recovery and a dismissed claim.

🚶 The bottom line: Even if you think you were partially at fault — crossing outside a crosswalk, distracted, etc. — Texas's comparative fault rule still often allows recovery. Don't assume you have no case until an attorney has looked at it.

🚨 Step 1 — Call 911, even if you can walk away

Internal injuries and concussions often don't show immediately after being struck by a vehicle. Calling 911 brings paramedics and creates a police record of the crash — both of which your case will depend on.

📸 Step 2 — Preserve the scene

• Photograph the vehicle, its position, license plate, and damage

• Photograph where you were standing or walking and any crosswalk markings

• Photograph any traffic signals, stop signs, or crosswalk buttons

• Photograph your injuries and clothing (torn, bloody, road rash)

• Note whether it was daylight, dusk, or night; weather conditions; and street lighting

🧍 Step 3 — Get the driver's information (and witnesses')

Get the driver's name, phone, license, insurance, and plate. Stay factual — don't admit fault or apologize. Grab contact info from anyone who stopped. Their statement often becomes decisive evidence.

🏥 Step 4 — Go to the hospital by ambulance

A pedestrian is essentially unprotected in a collision with a 3,000-pound vehicle. Head trauma, spinal injuries, internal bleeding, and broken bones are common and can be serious even when they don't look it. Let EMS assess you and go to the ER. Refusing medical care can hurt your claim and your health.

📄 Step 5 — Don't give a recorded statement yet

The driver's insurance will often call within a day or two asking for a “simple recorded statement.” Decline. Anything you say can be used to shift fault onto you under Texas's comparative negligence rule. Talk to an attorney first.

⚖️ Step 6 — Know who might be liable (and it's not always the driver)

• The driver — most common, especially if speeding, distracted, or impaired

• The driver's employer — if the driver was on the clock (Uber, delivery, company vehicle)

• A government entity — if bad street design, missing signage, or broken signals contributed (shorter notice deadlines apply)

• A property owner — if a private parking lot's layout or hazards contributed

⚠️ Houston-specific risks to document

• Poor pedestrian infrastructure (missing crosswalks, broken sidewalks, no lighting)

• High-speed surface streets without pedestrian signals

• Freeway on/off ramps where pedestrians aren't expected

• Driver behavior: rolling right turns, distracted driving, speeding in school zones

If a loved one was killed as a pedestrian

Texas wrongful death law lets surviving spouses, children, and parents bring a civil claim for the loss. Damages can include lost financial support, loss of companionship, mental anguish, and funeral expenses. A separate “survival action” allows the estate to recover for pain the deceased endured before death.

Hit as a pedestrian in Houston?

The Law Office of Jason Castaneda represents pedestrians and their families across Houston and Harris County. We investigate every possible defendant, preserve evidence before it vanishes, and fight insurers who try to pin fault on the injured pedestrian.

📞 Call (713) 808-9696 for a free consultation.

This article provides general information and is not legal advice. Every case is different. If you or a loved one was hit as a pedestrian, consult a licensed Texas attorney about your specific situation. Reading this article does not create an attorney-client relationship.