What Should You Do If You Are Hit by a Car While Walking in Austin?
Being struck by a vehicle while walking is one of the most terrifying experiences a person can go through. In Austin, pedestrian crashes happen far more often than most people realize, and the injuries are almost always severe. If you or a family member has been hit by a car, truck, or SUV while on foot, the Austin pedestrian accident lawyers at Shaw Cowart want you to know the steps that will protect both your health and your legal rights in the critical hours and days after the crash.
Between September 2021 and July 2025, the Austin Police Department responded to more than 85,000 calls related to traffic crashes. An audit by the City of Austin revealed that officers did not file a crash report in more than half of those cases. That means if you are hit by a car while walking in Austin, there is a real chance that no official record of your crash exists unless you take action yourself. The experienced personal injury lawyers at Shaw Cowart have helped pedestrian accident victims navigate these situations for over 34 years, and they know how critical the first 48 hours are.
Pedestrian accidents in Austin claimed dozens of lives in 2025 and seriously injured hundreds more. Pedestrian crashes account for only 3 percent of all traffic collisions in Austin but roughly 28 percent of all serious injury and death crashes. Whether you were crossing in a marked crosswalk, walking along a shoulder, or standing on a sidewalk when a vehicle jumped the curb, pedestrian accident attorneys can help you understand your options and fight for the compensation you deserve.
Steps to Take Immediately After a Pedestrian Accident
Stay Where You Are and Call 911
If you are able, remain at the scene and call 911 right away. Do not try to stand or move if you think you may have a spinal injury, a broken bone, or a head injury. Tell the dispatcher that a pedestrian has been struck by a vehicle, and request both police and an ambulance. A police report is a critical piece of evidence for any injury claim, and without one, the insurance company will try to dispute what happened.
Get Medical Attention — Even If You Feel Fine
This is the most important step many pedestrian accident victims skip. Adrenaline floods your body after a traumatic event and can mask serious pain for hours or even days. Traumatic brain injuries, herniated discs, internal bleeding, and soft tissue injuries frequently do not show symptoms immediately. Going to the emergency room creates a medical record that directly ties your injuries to the accident. If you wait days or weeks to see a doctor, the insurance company will argue that your injuries were not caused by the crash or are not as serious as you claim.
Document Everything at the Scene
If you are physically able, use your phone to take photographs of everything: the vehicle that struck you, the license plate, the damage to the vehicle, skid marks on the road, the crosswalk or intersection where the crash happened, traffic signals, and your visible injuries. If there are witnesses, ask for their names and phone numbers. Witness testimony can be decisive when the driver disputes their fault.
Get the Driver’s Information
Write down or photograph the driver’s name, insurance company, policy number, phone number, and license plate. If the driver has passengers, get their names too. If the driver refuses to provide information or attempts to leave the scene, try to get the license plate number and call 911 immediately — leaving the scene of an accident involving injury is a felony in Texas.
Do Not Give a Recorded Statement to the Insurance Company
The driver’s insurance adjuster will call you quickly, sometimes within hours. They will sound sympathetic and concerned. They will ask for a recorded statement. Do not agree to this. Anything you say in a recorded statement can and will be used to minimize your claim. Common traps involve asking how you are feeling (if you say “I’m okay,” they use it against you) and asking you to describe exactly what happened (to find anything that suggests you were at fault). Politely decline and tell them your lawyers will be in contact.
File a Police Report If One Was Not Made at the Scene
Given that APD did not file crash reports in more than half of the 85,000 traffic crash calls they responded to between 2021 and 2025, you cannot assume a report was filed. You can file a report at your local APD substation. Having an official report on file strengthens your case significantly, according to the Austin Monitor.
Stay Off Social Media
Do not post about your accident, your injuries, or your recovery on Facebook, Instagram, TikTok, or any other platform. Insurance companies and defense attorneys routinely monitor the social media accounts of people who file injury claims. A photo of you smiling at a family dinner can be twisted into evidence that your injuries are not serious. Even a post saying “I’m grateful to be alive” can be used to argue that you were not significantly harmed.
Contact a Pedestrian Accident Lawyer Before Accepting Any Offer
The first settlement offer from an insurance company is almost always far below the actual value of your claim. Adjusters are trained to close files quickly and cheaply, especially before you know the full extent of your medical bills, future treatment needs, lost wages, and pain and suffering. Once you sign a release, you cannot go back and ask for more money — even if you discover months later that you need surgery.
Texas gives you two years from the date of your pedestrian accident to file a personal injury claim. But waiting too long puts your case at risk because evidence disappears fast. Surveillance camera footage from nearby businesses is typically overwritten within 48 to 72 hours. Witnesses forget details. Physical evidence at the scene is cleared away.
Know Your Rights Under Texas Law
Texas uses a modified comparative fault system. That means even if the driver claims you were partially at fault — you were not in a crosswalk, you were wearing dark clothing, you were distracted — you can still recover compensation as long as your share of fault does not exceed 50 percent. Your damages are reduced by your percentage of fault, but they are not eliminated. Drivers who hit pedestrians often try to shift blame immediately. Do not let their version of events discourage you from protecting yourself.
The pedestrian accident attorneys at Shaw Cowart offer free consultations and do not charge a fee unless they win your case. If you have been hit by a vehicle while walking anywhere in Austin or Travis County, do not wait. If you have a legal question — call us at 512-842-7085.