Can You Sue Someone for Running You Over?

Key Takeaways for Pedestrian and Bicycle Accident Lawsuits

• You may have the right to sue a driver who hit you if their actions were negligent or reckless.
• Pedestrians and bicyclists injured by negligent drivers can seek damages for medical costs, lost income, emotional distress, and long-term harm.
• Even if you were partially at fault, you might still recover under Texas’s comparative fault system.
• Not all injuries are immediately visible. Receiving medical attention and legal advice early is a critical step for your health and your legal claim as well.
• An experienced personal injury attorney can help preserve evidence, protect your rights, and pursue fair compensation

Legal Grounds for Suing After a Pedestrian Accident

Most injury claims pedestrians file after being injured are based on the concept of negligence. This means the driver failed to use reasonable care while operating their vehicle.

Negligence takes many forms. In pedestrian accident cases, it often involves:

• Speeding in a residential area
• Running a red light or stop sign
• Failing to yield to a pedestrian in a crosswalk
• Texting while driving
• Driving under the influence of drugs or alcohol

In legal terms, the pedestrian’s case must demonstrate that the driver owed them a duty of care, violated that duty, and caused harm as a result.

If the driver broke a traffic law, such as failing to stop at a stop sign or yielding the right of way, this may serve as strong evidence of negligence under what’s called “negligence per se.” This legal doctrine allows the law itself to stand as proof that the driver was negligent, without needing additional evidence of carelessness. It applies when a driver breaks a safety law that was designed to protect people from exactly the kind of harm that occurred.

Civil Lawsuit vs. Criminal Charges: Know the Difference

When someone is hit by a vehicle, two types of legal action may follow: criminal charges and a civil lawsuit. These are separate processes with different purposes.

In most pedestrian accidents, criminal charges are never filed. That doesn’t mean the driver wasn’t at fault. It means the state doesn’t consider the driver’s behavior to rise to the level of a crime. For example, a driver who was distracted or failed to yield may be negligent but not necessarily breaking criminal law.

Criminal cases are handled by the state and are focused on punishing illegal conduct, such as drunk driving or fleeing the scene. Those proceedings don’t pay for your medical bills or losses.

A civil personal injury claim is different. It’s something you initiate, and it’s entirely focused on recovering financial compensation for what you’ve suffered, such as your hospital bills, time away from work, pain, and other damages. Even if no one is arrested or charged, you may still have a strong civil case based on negligence alone.

What If the Driver Says You Were at Fault?

In some cases, drivers may argue that the pedestrian shares some blame for the accident. For instance, maybe you crossed outside of a crosswalk or stepped into traffic unexpectedly.

Every state handles shared fault differently. Many follow some version of comparative negligence, which allows injured people to recover compensation even if they were partially at fault.

In Texas, this system is called modified comparative fault under Texas Civil Practice & Remedies Code § 33.001. Here’s how it works:

• If you were less than 51% at fault, you may still recover compensation
• Your award will be reduced by your percentage of fault

So, if a jury finds you 20% responsible for the crash, your total compensation would be reduced by 20%. Insurance companies often use this law to minimize and deny pedestrian accident claims by trying to shift more fault to the victim. An experienced personal injury lawyer can defend you and the value of your claim from any efforts to unfairly blame you.

What Types of Damages Can Injured Pedestrians and Bicyclists Recover?

Pedestrian and bicycle accidents can result in devastating injuries that affect every part of your life. A civil lawsuit gives you the chance to recover compensation for the full scope of your losses, including both economic and non-economic damages.

Common categories include:

• Medical expenses such as emergency care, hospital stays, surgeries, and rehabilitation
• Lost wages from missed work or reduced ability to earn a living
• Pain and suffering, including physical discomfort and emotional distress
• Permanent disability or disfigurement that poses serious physical and social limitations
• Loss of enjoyment of life, especially for long-term or life-changing injuries

If the driver’s behavior was willful or grossly negligent, such as fleeing the scene or driving drunk, punitive damages may be available in some cases to punish the wrongdoer and deter similar conduct.

Proving Liability: What Evidence Will You Need?

Strong evidence makes the difference between a valid injury claim and one that gets dismissed or underpaid. The burden is on the injured party to prove the driver was at fault and that their injuries are real and connected to the crash.

Some of the most helpful types of evidence include:

• Police reports that document the incident and include any citations
• Eyewitness statements from people who saw what happened
• Traffic camera or surveillance footage, if available
• Medical records that link your injuries directly to the crash
• Photographs of the accident scene, skid marks, crosswalks, or injuries

In many cases, especially those involving serious injuries and high-stakes losses, an experienced attorney will also work with accident reconstruction experts or medical professionals to build a clearer picture of what occurred and how it affected your life.

What Happens If the Driver Fled the Scene?

Hit-and-run accidents leave victims shaken and confused. When the person who caused the injury disappears, many victims wonder if they have any legal options at all.

Fortunately, there are still possible paths forward:

• Uninsured motorist (UM) coverage: If you have this type of insurance on your own auto policy, it may cover you even as a pedestrian.
• Crime victim compensation programs: Some states offer assistance to victims of hit-and-run incidents. In Texas, victims of crime may seek compensation through Texas’s Crime Victims’ Compensation Program.
• Police investigations: Law enforcement may still be able to identify and charge the driver based on video, witness accounts, or forensic evidence.

If the driver is eventually located, you may be able to file a civil claim directly against them.

How Long Do You Have to File a Lawsuit?

Time limits vary by state, but all civil claims are governed by statutes of limitations. These laws set strict deadlines for when you must file a lawsuit.

In Texas, the deadline to file most personal injury lawsuits is two years from the date of the accident, under Texas Civil Practice & Remedies Code § 16.003. If you miss this deadline, your case may be dismissed even if it’s strong.

Certain factors, such as injuries to minors or delayed discovery of injuries, may affect how much time you have. Always consult with a pedestrian accident lawyer as soon as possible to protect your rights.

When Insurance Settlements Aren’t Enough

Many pedestrian accident cases begin with an insurance claim. But that doesn’t always guarantee a fair outcome. Insurance companies often work to minimize payouts, and they may:

• Blame the pedestrian for stepping into traffic
• Dispute the severity of the injuries
• Offer a quick settlement before all damages are known or the victim has a chance to consult a lawyer

Even when the at-fault driver admits fault, their policy limits may fall short of covering your total losses, especially in severe injury cases involving traumatic brain injuries, spinal cord injuries, and permanent disability.

Filing a personal injury lawsuit may give you a stronger chance of recovering the full value of your damages and holding the driver accountable beyond what an insurance company is willing to pay.

Special Circumstances: Children, Elderly Victims, and Crosswalk Accidents

Not every pedestrian injury case is the same. Some involve higher standards of care, especially when vulnerable populations are involved.

Children

Drivers are expected to exercise extra caution in areas where children are present or may be present, such as school zones, parks, or residential neighborhoods. Courts may hold drivers more accountable when injuries involve young victims, even in situations where the child darted into the street.

Elderly pedestrians

Older adults may move more slowly or require assistive devices. Failing to allow them enough time to cross or ignoring their visibility needs can constitute negligence.

Crosswalk incidents

Texas law gives pedestrians the right-of-way in most marked or signalized crosswalks. Drivers who fail to stop, even if a no-walk signal is flashing, may be in violation of Texas’s Transportation Code § 552.003 or related provisions that govern pedestrian safety. These cases often have clearer liability if footage or witnesses confirm the pedestrian was within the crosswalk boundaries.

Each of these situations deserves careful legal analysis and, often, a more sensitive approach when assessing damages and fault.

How a Personal Injury Lawyer Can Strengthen Your Case

After a traumatic pedestrian accident, victims often feel isolated and unsure of what to do next. Hiring a pedestrian accident attorney gives your claim legal authority and leverage. Your lawyer can build your case from the ground up, gathering records, interviewing witnesses, calculating your losses, and pushing back when insurers try to minimize your damages. Working with a pedestrian injury attorney may help you:

• Gather and preserve essential evidence.
• Communicate with insurance adjusters without putting your case at risk.
• Identify hidden damages that deserve compensation.
• Avoid missteps that can weaken your claim (such as posting on social media).
• Develop a timeline for medical recovery, financial planning, and legal deadlines.

Attorneys with experience in Texas pedestrian cases and bicycle accident claims understand the state’s specific laws and how to position your case for the best outcome, whether through settlement or trial.

Common Misconceptions About Pedestrian Accidents

It’s not uncommon for victims or their families to misunderstand their rights after an accident. These mistaken beliefs can delay important action or result in unfair outcomes.

Here are a few common misconceptions:

• “I can’t sue because I wasn’t in a crosswalk.” Not true. While crosswalks help establish right-of-way, pedestrians still have rights in other areas. The driver’s behavior is always a factor.
• “The driver apologized, so I don’t need a lawyer.” Verbal apologies aren’t the same as legal liability. That driver’s insurance company may still deny fault.
• “The injuries aren’t that serious, so it’s not worth pursuing.” Minor injuries can develop into long-term issues. Medical bills and lost workdays add up fast.
• “It’s too late to do anything.” Unless the statute of limitations has passed, you may still have time to file a claim—especially if new evidence has come to light.

Getting accurate information early can make all the difference in how a case unfolds.

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