What to Do After a Pedestrian Accident
Pedestrian accidents continue to be a huge issue in Texas. TxDOT reported 6,095 pedestrian accidents in Texas in 2024 with 773 pedestrian deaths. Another 1,454 pedestrians suffered serious injuries.
After being injured in a pedestrian accident, the scene of the crash creates one set of decisions, and the days that follow bring a myriad of other decisions to be made. Our guide lays out the steps in a clear order, so you can stay on top of what you need to do without any confusion about the next right steps to take in each phase. If the accident turns into a lawsuit, each step will help protect your case.
If you were hurt as a pedestrian in Austin or anywhere in Texas, you may be entitled to compensation. Call Loewy Law Firm at (512) 280-0800 today to see if you have a case. Your consultation is free and you pay nothing unless we win.
First Things to Do at the Scene
Getting Safe Without Losing the Basics
Call 911 and request EMS and police. Serious injuries can make moving unsafe, so stay still if you suspect a head, neck, or back injury, and let EMS and bystanders handle the rest.
If possible:
- Move out of active lanes if you can do it safely.
- Stay near the crossing point if it’s safe, so police can see the location and document it accurately.
- Ask a bystander for help if you feel unsteady, disoriented, or in too much pain to manage phones and questions.
Talking to Police and the Driver
Avoid apologizing or minimizing, since those statements can get used later. Police reports usually rely on short summaries, so just give clear facts that match what you remember, and stop before the conversation turns into a back-and-forth about fault.
Tell police:
- Where you were walking and where you started crossing.
- Where the driver hit you.
- Signal status if you clearly saw it.
Just stick to your observations of what happened without any statements about the driver or what they did wrong.
Exchange information with the driver if your condition allows it, and keep the interaction short and neutral. Let police handle the rest if the driver argues, refuses, or tries to pressure you.
Quick Photos That May Help Later
Photos can show context and help answer questions about the scene that may come up after the fact.
If possible get pictures of the following:
- The crossing point and the surrounding roadway, using wide shots from a few angles.
- The vehicle’s position and the license plate.
- Signals and signs that controlled the area, including any pedestrian signals if they exist.
- Lighting and anything that blocked visibility, like parked vehicles, landscaping, or construction barriers.
Nearby Video That May Exist
Nearby businesses, apartments, or homes may have cameras facing the street or sidewalk. If you notice any cameras, write down the business name or address so the footage can be requested later.
Taking Notes
A short note in your phone can save you from relying on memory later, especially if you end up at the hospital and the events of the day seem like a blur.
Write down:
- Time and exact location, including the nearest cross street.
- Direction you were walking and direction the vehicle was traveling.
- Driver name, phone number, and insurance information.
- Officer name and the report or event number, if police provide it at the scene.
- Any other details you can think of.
Witnesses
Talking to witnesses, even if the police have spoken with them, can help when the driver later changes details or when the police report leaves something out.
- Get the witness name and phone number.
- Write one sentence about what the witness says they saw, using their words as closely as possible.
- Ask for their contact information.
Extra Details to Capture in Certain Crashes
- Hit-and-Run: Write down anything you remember about the vehicle, including color, type, direction of travel, and any plate characters.
- Company or Work Vehicles: Photograph company markings on the vehicle, and photograph DOT numbers if they are visible.
- Rideshare: Save trip details if you have access, like screenshots from the app.
- School Zones or Construction Areas: Photograph signs, cones, barriers, or detours that affected where people walked or where vehicles traveled.
Medical Care on Day One
Getting Checked and Describing the Crash the Same Way Each Time
Go with EMS if they recommend it. Remember, adrenaline and shock can mask pain, so your injuries could be worse than you realize. If you don’t go by ambulance, get checked the same day if anything feels off, especially after a head impact.
Tell intake staff one clear sentence about how you got hit and where it happened, then use the same wording each time you go back for care. Examples that work:
- “A car hit me while I was in the crosswalk.”
- “A car turned into me while I was crossing at the intersection.”
- “A car hit me while I was walking along the road.”
Symptoms to Mention
Share symptoms that can signal a more serious injury, even if they come and go.
- Head pain, dizziness, nausea, confusion, or any vision changes.
- Neck or back pain, numbness, tingling, or weakness.
- Chest pain, belly pain, or pain that feels deep or unusual.
Photos of Injuries
Take photos once you’re stable. Take another set later if bruising spreads or swelling changes, and make sure the photos are date stamped (most phones do this automatically).
Police Report Follow-Up
Information to Get Before You Leave
If police respond, ask for the report number or event number before you leave the scene, and ask for the officer’s name.
Ordering and Reviewing the Report
Order the report once it becomes available and check to be sure it is accurate. If there are errors, contact the agency listed on the report and ask the reporting officer about correcting factual mistakes or adding a short written supplement with supporting documents.
Keeping Documentation Organized
Keep medical visit summaries, discharge instructions, billing statements, and receipts together, whether you save them on your phone, print them, or keep both.
Keep notes about any restrictions on your ability to work with the same set of records, since missed income may be part of your compensation demand in a lawsuit.
A Short Daily Note
Write a brief note each day about symptoms and activity limits, so details don’t blur together as days pass.
When to Contact an Attorney
Calling a pedestrian accident attorney can make sense once you’ve been checked out and you feel steady enough to explain what happened.
Contacting an attorney may help when:
- A driver left the scene, or the driver’s identity is unclear.
- Serious injuries exist, or symptoms change after the first medical visit.
- A work vehicle, delivery vehicle, or rideshare vehicle was involved.
- A police report seems incomplete or contains basic factual errors.
- An insurance company asks for a recorded statement or starts pressing for a quick resolution.
Have any notes and records you have at that point ready for the call.
Loewy Law Firm has handled many serious pedestrian accident cases and knows how to fight insurance companies and get justice for clients. Call us at (512) 280-0800 for a free consultation.
How to Deal With Insurance Companies
First Calls
Keep the first call short, and stick to basics like date, location, and driver information. If the person on the phone starts pressing you for other details or decisions, tell them your attorney will handle communication and end the call.
Recorded Statements
Recorded statements can wait until you feel clear-headed and you’ve had a chance to speak with your attorney.
Check Your Own Auto Policy
Check your auto policy for PIP, MedPay, and UM/UIM, since those coverages may apply even when you were walking.
Social Media and Messages
Avoid posting about the accident on social media or sharing details in messages beyond basic logistics. Photos, comments, or updates can get taken out of context later and used to question injuries or timelines. Staying quiet online keeps the record limited to medical visits, the police report, and other formal documentation.
Guidance After a Pedestrian Accident
After a pedestrian accident, the steps you take at the scene and in the days that follow can affect medical records, fault questions, and the strength of your case. Having guidance at the right point can help keep those steps aligned and prevent small issues from turning into larger problems.
If you were hurt as a pedestrian in Austin or anywhere in Texas, call Loewy Law Firm at (512) 280-0800 to talk through what happened and what to do next. Your consultation is free, and you pay nothing unless we recover compensation for you.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.