Pedestrian or Bicycle Accident in Dallas-Fort Worth: Your Rights After Being Hit by a Car

After being hit by a car, stay still if you can. Moving after a pedestrian or bicycle crash can worsen spinal injuries, fractures, and internal bleeding. Call 911 or ask someone nearby to call. Tell the dispatcher your exact location and that you were hit by a car while walking or cycling.

If you are in an active traffic lane and can move safely, get to the sidewalk or shoulder. But if you have any pain in your neck, back, or pelvis, do not try to stand or walk. Wait for EMS to immobilize you and transport you safely.

When police arrive, give a statement about what happened — where you were walking or cycling, whether you were in a crosswalk or bike lane, the direction the car came from, and what the driver was doing (speeding, on the phone, turning without looking). Get the crash report number before officers leave.

If you are able, photograph the scene: the crosswalk or bike lane where you were hit, the vehicle that hit you (including damage and license plate), traffic signals and signage, road conditions, and any visible injuries. If you cannot photograph the scene yourself, ask a witness or bystander to take photos for you.

Get the driver's name, phone number, insurance information, driver's license number, and license plate number. Get contact information from any witnesses. In pedestrian and bicycle crashes, witnesses are especially important because the driver may claim you appeared suddenly or were outside a crosswalk.

If you were cycling, photograph your bicycle and helmet damage. Helmet damage can indicate the severity of head impact. If the driver's vehicle has a dashcam, the footage may capture the crash — note this for your attorney to subpoena later.

Pedestrians and cyclists hit by cars absorb the full force of impact with no protection. At 30 mph, a pedestrian has a roughly 40% chance of dying from the impact. At 20 mph, injuries are still severe: leg fractures, hip fractures, concussions and traumatic brain injuries, road rash, internal bleeding, and spinal injuries.

Accept EMS transport to the hospital. DFW Level I trauma centers — Parkland Memorial Hospital and JPS Health Network — handle the most critical cases. For less severe injuries, any ER or urgent care facility can provide initial treatment. Tell doctors you were hit by a car and describe all symptoms, including headache, dizziness, confusion, numbness, or tingling — these may indicate brain or spinal cord injury.

Follow every treatment recommendation. Pedestrian and bicycle crash injuries often require surgery, extended hospitalization, physical therapy, and rehabilitation. The recovery process can take months or years. Keep meticulous records of every medical visit, bill, and receipt.

Texas Transportation Code requires drivers to yield to pedestrians in crosswalks (Section 552.003) and exercise due care to avoid hitting pedestrians (Section 552.008). Drivers must pass cyclists with at least 3 feet of clearance (Section 545.053). A driver who violates these duties and hits you is at fault.

Texas proportionate responsibility (Section 33.001) applies to pedestrian and bicycle cases. The driver's insurer will aggressively argue that you share fault — jaywalking, crossing against a signal, cycling without lights at night, wearing dark clothing, or being in the roadway outside a bike lane. Your compensation is reduced by your fault percentage, and at 51% or more you recover nothing.

Pedestrians do have duties under Texas law. You must obey pedestrian signals (Section 552.002) and use crosswalks where available (Section 552.005). Cyclists must follow the rules of the road. But a driver's duty of care does not disappear just because a pedestrian was outside a crosswalk — drivers must still exercise due care to avoid hitting people. Comparative fault is almost never 100% the pedestrian or cyclist in a car-versus-person crash.

You do not need to carry auto insurance to file a claim as a pedestrian or cyclist. Your claim is against the driver's auto insurance — their bodily injury liability coverage pays for your medical bills, lost wages, pain and suffering, and other damages.

Texas minimum liability coverage is 30/60/25 — $30,000 per person for bodily injury. Pedestrian and bicycle crash injuries frequently exceed this amount because of the severity. If the driver carries only minimums, you may need to pursue your own underinsured motorist (UIM) coverage (if you own a car and carry UIM) or sue the driver directly for damages beyond policy limits.

If the driver is uninsured (14.1% of Texas drivers), and you own a car with UM coverage, your UM policy may cover you as a pedestrian. This is a commonly overlooked source of recovery. If you do not have a car or UM coverage, your health insurance and the driver's personal assets are your remaining options.

Many pedestrian and bicycle crashes in DFW happen because of dangerous road design — missing crosswalks, no bike lanes, inadequate lighting, worn crosswalk markings, missing pedestrian signals, or sight-line obstructions. If a road design defect contributed to your crash, the government entity responsible for the road may share liability.

Claims against government entities in Texas are governed by the Texas Tort Claims Act. You must file formal notice within 6 months (Section 101.101) — much shorter than the standard 2-year statute of limitations. Government liability is limited to $250,000 per person and $500,000 per occurrence for bodily injury.

Dallas has adopted a Vision Zero policy aimed at eliminating traffic deaths, but implementation has been slow. If your crash occurred at a location known to be dangerous for pedestrians or cyclists — and the city failed to install safety improvements — this may strengthen a government liability claim.

The statute of limitations for personal injury claims is 2 years from the date of injury (Tex. Civ. Prac. & Rem. Code Section 16.003). Wrongful death claims also have a 2-year deadline. If a government entity is responsible for road design defects, you must file notice within 6 months under the Texas Tort Claims Act (Section 101.101).

Do not delay. Pedestrian and bicycle crash injuries are often severe and require extended treatment. Start your claim early, preserve evidence, and consult an attorney while you focus on recovery.

Hit by a car while walking or cycling in Dallas-Fort Worth? Take our free 2-minute assessment. Answer a few questions about the crash, your injuries, and the circumstances. We will provide a personalized report covering fault, insurance coverage, and your potential recovery, and connect you with a DFW attorney experienced in pedestrian and bicycle accident cases.

You were simply walking or riding a bike. You had every right to be where you were. A driver failed to pay attention, and now you are dealing with serious injuries, mounting bills, and a long recovery. Texas law protects your right to recover compensation. Start with the assessment.