You were walking. You did nothing wrong. And now you are the one with the broken bones, the hospital bills, and an adjuster asking you to explain yourself.
Javier Perez Law represents people hit by drivers in Dallas and across North Texas. Our Dallas pedestrian accident attorney handles the insurance company, the evidence, and the paperwork while you focus on healing. Hit by a car while walking in Dallas? Texas law can let you recover damages even if you were partly at fault, and the first conversation is free.
Call +1 (214) 499-0667 for a free case review. Se habla español.
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Table of contents
- Do I Need a Lawyer If I Was Hit by a Car While Walking in Dallas?
- What Your Dallas Pedestrian Accident Case Is Worth
- Can I Still Recover If I Was Crossing Outside a Crosswalk?
- Who Pays Your Medical Bills While the Case Is Open?
- How Long Do I Have to File a Pedestrian Accident Claim in Texas?
- When the Driver Fled the Scene or Had No Insurance
- When a Pedestrian Crash Is Fatal
- How We Build a Dallas Pedestrian Accident Case
- Why Dallas Families Call Javier Perez
- What Does a Dallas Pedestrian Accident Attorney Cost?
- Frequently Asked Questions
- Talk to a Dallas Pedestrian Accident Lawyer Today
Do I Need a Lawyer If I Was Hit by a Car While Walking in Dallas?
In most cases, yes. Pedestrian claims are treated differently than car-on-car claims because there is no second vehicle's damage to anchor the value, and often no independent witness. The evidence that does exist, such as the striking vehicle's event data recorder and nearby camera footage, has to be preserved fast or it is gone.
Here is what usually happens without a lawyer. The adjuster calls within days, asks for a recorded statement, and asks you to sign a medical authorization. Both requests sound routine. Both are used later to argue you stepped out suddenly or that your injuries came from something else.
A Dallas pedestrian accident lawyer changes the sequence. We take over communication, request the crash report and any traffic or business camera footage before it is overwritten, and document your injuries through your treating doctors instead of the insurer's.
You do not have to talk to the insurance company. That is our job.
What Your Dallas Pedestrian Accident Case Is Worth
The value of a Dallas pedestrian accident case depends on two things: the total of your losses, and the percentage of fault assigned to you. Under Texas proportionate responsibility law, you can recover damages as long as you are not more than 50 percent responsible, and your recovery is reduced by whatever share of fault you carry.
A claim valued at $100,000 with 20 percent fault on the pedestrian pays $80,000.
Nobody can price your case from a webpage. What we can do is show you what goes into the number.
| Damage category | What it covers |
| Past medical care | ER, imaging, surgery, hospital stay, ambulance |
| Future medical care | Rehab, follow-up surgery, hardware removal, pain management |
| Lost income | Time missed from work, plus reduced earning ability if you cannot return to the same job |
| Physical pain and impairment | Ongoing pain, limited range of motion, permanent limitations |
| Disfigurement | Scarring and visible injury, common in pedestrian cases |
| Mental anguish | Sleep disruption, fear of traffic, daily anxiety |
Pedestrian cases skew toward the higher end of injury severity for an obvious reason. There is no crumple zone between a vehicle and a person on foot. The result is frequently a fracture pattern, a head injury, or a permanent limp rather than a sore neck.
The 50 percent rule comes from Chapter 33 of the Texas Civil Practice and Remedies Code, which is why the fault fight matters as much as the injury itself.
Can I Still Recover If I Was Crossing Outside a Crosswalk?
Often, yes. Crossing mid-block does not automatically end your claim in Texas. It shifts a share of fault to you, and as long as your share stays at 50 percent or below, you can still recover a reduced amount.
This is the single most misunderstood part of pedestrian law, and it is the reason a lot of people never call a lawyer at all. They assume they lost the case at the moment they stepped off the curb.
Chapter 552 of the Texas Transportation Code sets the rules for pedestrians and drivers, and it cuts both ways. Yes, a pedestrian crossing outside a marked crosswalk generally must yield to vehicles. But the same chapter also requires every driver to exercise due care to avoid hitting a pedestrian, to sound the horn when necessary, and to take extra caution around children and anyone who appears confused or incapacitated.
So the question is never simply "was she in the crosswalk." The real questions are whether the driver was speeding, looking at a phone, running a light, or turning without checking the crossing.
We investigate that side of the ledger. Signal timing, phone records where obtainable, dash and business camera footage, and the physical evidence in the roadway all speak to what the driver was doing in the seconds before impact.
Not sure whether you have a case? Call +1 (214) 499-0667 and ask. The consultation is free and there is no obligation.
Who Pays Your Medical Bills While the Case Is Open?
Your own coverage usually pays first, and the at-fault driver's insurer pays at the end. That surprises people. A pedestrian claim does not produce a check that covers your treatment as you go, so the bills need a source in the meantime.
Three sources come up most often.
Personal Injury Protection, or PIP. This is no-fault coverage on your own auto policy that pays medical bills and a portion of lost wages regardless of who caused the crash. Texas insurers must offer it, and it applies when you are struck as a pedestrian, not only when you are driving. Many people have it and do not know it.
Health insurance. Your plan pays, then asserts a lien or subrogation claim against your settlement. Part of our work is negotiating those liens down so more of the settlement reaches you.
Uninsured or underinsured motorist coverage, known as UM or UIM. This is coverage on your own policy that steps in when the driver has no insurance or not enough. It also follows you as a pedestrian.
The interaction between these sources, the driver's liability policy, and Texas minimum limits is exactly where claims get undervalued. The Texas Department of Insurance publishes plain-language guides that explain what each coverage does. Our Dallas car accident lawyers handle the same coverage analysis on vehicle collision claims.
How Long Do I Have to File a Pedestrian Accident Claim in Texas?
Two years from the date of the crash, in most cases. Section 16.003 of the Texas Civil Practice and Remedies Code requires a personal injury suit to be filed no later than two years after the cause of action accrues. Miss it and the claim is generally gone, no matter how strong the facts are.
Two years sounds like plenty. It is not.
Evidence disappears on a much shorter clock. Business and traffic camera footage is commonly overwritten in days or weeks. Witnesses move. Skid marks and debris are gone by the next rain. Waiting also weakens the medical picture, because a gap between the crash and the first doctor visit is the first thing an adjuster points to.
One exception is much shorter and catches people every year. Claims against a government entity such as the City of Dallas, Dallas County, or DART carry a separate written notice deadline of roughly six months, and missing it can end the claim even though the two-year window is still open. If a government vehicle, a city road condition, or a public transit bus was involved, call right away.
When the Driver Fled the Scene or Had No Insurance
You may still have a claim through your own uninsured motorist coverage. A hit-and-run driver who is never identified is treated as an uninsured driver under most Texas auto policies, which means your UM coverage can pay for your injuries even though no one was caught.
There is one requirement worth knowing. Texas law requires actual physical contact between the unidentified vehicle and you or your property for a hit-and-run UM claim. If a car struck you, that condition is met. Policies also require prompt reporting to police and to your insurer, so filing the report the same day protects the option.
If the driver was identified but carries only state minimum liability limits, underinsured motorist coverage can cover the gap between those limits and what your case is actually worth. Pedestrian injuries blow through minimum limits regularly, so this is not a rare scenario.
We look at every available policy, including coverage on a household member's vehicle that may extend to you.
When a Pedestrian Crash Is Fatal
Texas allows the surviving spouse, children, and parents to bring a wrongful death claim, and the deceased person's estate may bring a separate survival claim. These are two different claims with different damages, and both usually carry a two-year deadline.
Wrongful death damages can include lost financial support, lost companionship, mental anguish of the surviving family, and funeral and burial costs. Survival damages cover what your loved one endured between the impact and death, including conscious pain and medical expenses.
We handle these cases quietly and at your pace. There is no rush to sign anything. If you want to talk through options before deciding anything, that conversation costs nothing.
How We Build a Dallas Pedestrian Accident Case
Here is what we do, step by step. Most clients want to know the sequence more than they want a promise about the outcome.
| Stage | What happens |
| Free case review | We listen, review the crash report, and tell you honestly whether we think you have a claim |
| Investigation | Scene photos, camera footage requests, witness statements, signal and lighting conditions |
| Medical documentation | We coordinate with your treating providers so the record reflects the full injury |
| Demand | We present the claim with evidence and a documented damages figure |
| Negotiation | We push back on lowball offers and on inflated fault arguments |
| Litigation | If the offer stays unfair, we file suit in Dallas County or federal court and prepare for trial |
Javier Perez has litigated hundreds of cases in Texas state and federal court and has handled over a dozen civil jury trials, bench trials, and final arbitration hearings. That trial history matters at the negotiation stage, because insurers price cases partly on whether the lawyer across the table actually tries them.
Injured while walking in Dallas or DFW? You owe no attorney's fee unless we recover for you. Call +1 (214) 499-0667 for a free consultation.
Why Dallas Families Call Javier Perez
Dallas families call Javier Perez because they get a bilingual lawyer who tries cases, not a case manager who returns calls when there is news. You talk to someone who explains the process in the language you speak and tells you honestly where your claim stands, including when the honest answer is that you do not have one.
The background behind that: Javier Perez is a double University of Texas alumnus who has served twice as elected President of the Dallas Hispanic Bar Association and as a founding board member of the Dallas Hispanic Bar Foundation.
He has been recognized by D Magazine, Texas Monthly, the Hispanic National Bar Association, and Latino Leaders Magazine, and has appeared on Univision and other outlets.
What clients tend to mention is simpler than any of that. They say he was patient, that he explained things in language they understood, and that someone in the office spoke their language when they called.
What Does a Dallas Pedestrian Accident Attorney Cost?
Nothing up front. We handle Dallas pedestrian accident cases on contingency, which means our fee comes out of the recovery at the end, and you owe no attorney's fee if we do not recover for you. The initial consultation is free and confidential.
Case expenses such as filing fees, records requests, and expert costs are handled separately from the attorney's fee. We walk you through exactly how those work at the free consultation, and you get the full terms in writing before you sign anything.
No surprises, and no hourly bills arriving while you are still in physical therapy.
Frequently Asked Questions
The insurance adjuster already called me. Did I hurt my case?
Probably not, but stop there and call a lawyer before you say anything else. Adjusters ask for recorded statements early because injuries are still developing and people tend to downplay pain. Anything you said can be repeated back to you months later. You are not required to give a recorded statement to the other driver's insurer.
I waited a few days to see a doctor. Can I still file a claim?
Yes. A delay makes the claim harder, not impossible. Adrenaline masks injuries, and many pedestrian injuries such as concussions and soft tissue damage take days to surface. Go now, tell the provider the crash caused it, and be specific about every symptom. The record starts helping you the moment it exists.
The police report says I was at fault. Is that the final word?
No. A crash report reflects an officer's opinion based on a short investigation, often taken while you were being loaded into an ambulance and unable to give your version. Reports can be supplemented, and fault in a civil claim is decided by the evidence, not by a box checked on a form.
I was hit in a parking lot, not on the street. Do I still have a case?
Yes. Parking lots, garages, apartment complexes, and drive-throughs are all common pedestrian collision sites, and drivers owe the same duty of care there. Depending on the layout and lighting, the property owner may share responsibility along with the driver.
The driver was working when they hit me. Does that change anything?
It can help your claim. If the driver was on the clock, making a delivery, or driving a company vehicle, the employer may share legal responsibility, and commercial policies typically carry much higher limits than a personal auto policy. Tell us the company name and any lettering on the vehicle at the first call.
Talk to a Dallas Pedestrian Accident Lawyer Today
In your time of need, Javier Perez is on your side. If a driver hit you while you were walking in Dallas, Fort Worth, or anywhere in North Texas, we can review what happened and tell you where you stand.
Call, chat, or request a consultation. It is free, it is confidential, and it does not commit you to anything.
Call +1 (214) 499-0667 One Energy Square, 4925 Greenville Avenue, Suite 1450, Dallas, TX 75206