Car, motorcycle and pedestrian
Dallas pedestrian and bicycle accident lawyer.
A person on foot or on a bicycle has no steel around them, so even a slow impact can mean broken bones or a head injury. Texas gives pedestrians and cyclists real rights on the road, and your own auto insurance can often help even though you were not in a car. We find the driver's insurance, or yours if the driver fled, collect the video before it is erased, and answer the insurer's attempt to blame you for where you were walking or riding.
Right now
If you were just hit.
- 01
Get medical care right away
Let EMS take you, or go to the ER the same day. Head, hip and knee injuries are common, and some do not show up until later.
- 02
Call police, even if the driver left
Report it right away and get the report number. If the driver fled, give every detail you remember: color, type of vehicle, partial plate, direction. A prompt report also protects your own insurance claim.
- 03
Photograph where it happened
The crosswalk or bike lane, the signals, the lighting, parked cars blocking the view, and your injuries. If you cannot, ask a family member to go back the same day, at the same hour if possible.
- 04
Keep your clothes, shoes and bike
Do not wash, throw away or repair them. Damage marks show where you were hit, and reflective gear or bike lights answer the claim that the driver could not see you.
- 05
Ask about cameras nearby
Stores, gas stations, apartment complexes, doorbell cameras and DART buses and stations may have recorded it. Many systems record over in days.
- 06
Call us before you talk to an insurer
Do not give a recorded statement or sign a medical release. The first consultation is free, in English or Spanish.
Key deadlines and numbers
- Crosswalks without a signal
- Drivers must slow or stop and yield to pedestrians in the crosswalkSource: Tex. Transp. Code 552.003
- Drivers' duty of care
- Drivers must take care to avoid hitting a pedestrian, wherever they are crossingSource: Tex. Transp. Code 552.008
- Cyclists
- Have the same rights and duties as drivers of vehiclesSource: Tex. Transp. Code 551.101
- Your own auto policy
- PIP and uninsured motorist coverage can apply when you are hit while walking or ridingSource: Tex. Ins. Code ch. 1952
- Deadline to sue
- 2 years from the crashSource: Tex. Civ. Prac. & Rem. Code 16.003
- If a DART bus or city vehicle hit you
- Written notice often within 6 months, sometimes soonerSource: Tex. Civ. Prac. & Rem. Code 101.101
Texas law
How Texas law protects pedestrians and cyclists.
The driver who hit you is responsible if they were careless, and that driver's insurance pays. Insurers often try to blame the person on foot or on the bike: crossing mid-block, wearing dark clothes, riding without a light. Those arguments can reduce a claim, but drivers still have a duty to watch for people and avoid them.
| Who | When |
|---|---|
| The driver | Failed to yield, was distracted or speeding, turned without looking, or was impaired. |
| The driver's employer | The driver was working: delivery, company vehicle, work truck. |
| DART or a city or county agency | A bus or government vehicle hit you. Short notice deadlines apply. |
| Your own auto policy, or one in your household | PIP for medical bills and lost pay; uninsured motorist coverage if the driver fled or had no insurance. |
| A property owner | In some parking lot cases, when poor design or lighting played a part. |
Right of way at crosswalks
Where there is no working signal, a driver must yield to a pedestrian in the crosswalk. Where there is a signal, pedestrians follow the walk signal. Crossing outside a crosswalk means you must yield, but it does not give the driver permission to hit you.
Source: Tex. Transp. Code 552.003, 552.005A bicycle is a vehicle
Cyclists can use the road, must ride with traffic, and at night need a front light and a rear reflector or light. Drivers must give cyclists the same care they give other vehicles. Missing a light can become a fault argument, but it is rarely the whole story.
Source: Tex. Transp. Code 551.101, 551.104Your own insurance follows you
Texas auto policies include PIP and uninsured motorist coverage unless you rejected them in writing. They can cover you, and often relatives in your household, when you are hit while walking or biking.
Source: Tex. Ins. Code ch. 1952Shared fault reduces, it does not erase
If a jury finds you partly responsible, your recovery drops by your share, and it ends only if your share is over 50%. Evidence collected early keeps the blame where it belongs.
Source: Tex. Civ. Prac. & Rem. Code 33.001How we work
How we build a pedestrian or bicycle claim.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Find the video fast
We canvass the area for business, apartment, doorbell and traffic cameras, request DART footage when a bus or station is nearby, and send preservation letters.
02
Document the scene
Crosswalk markings, signal timing, lighting at that hour and sight lines. When visibility or speed is disputed, we work with accident reconstruction professionals.
03
Find every policy
The driver's liability policy, an employer's policy, your own PIP and uninsured or underinsured coverage, and policies of relatives you live with.
04
Meet government deadlines
If a DART bus or city vehicle was involved, we send the written notice of claim within the required time.
05
Prove the full harm, then negotiate or sue
For serious injuries the firm works with medical professionals, life care planners and economists. When the insurers will not pay what the case is worth, we file and prepare for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Mr. Estrada did an excellent representation of my case and was very explicit and direct on what my consequences were and implications.”Questions people ask us about money and paperwork.
- I was walking. Can my car insurance really help?
- Often, yes. PIP can pay medical bills and lost pay regardless of fault, and uninsured motorist coverage can step in if the driver fled or had no insurance. If you do not own a car, a policy of a relative you live with may cover you.
- My bicycle was my way to work
- The bike, your gear and your phone are part of the property claim, and lost work is part of the injury claim. Keep receipts and photos.
- Do I need papers or a license to make a claim?
- No license is needed to walk or ride a bicycle, and if a driver hit you, you can make a claim. Talk to us privately about your situation. What you tell us stays between you and the firm.
Dallas and Odessa
Where people on foot and on bikes get hurt.
In southern Dallas and Oak Cliff, many people walk to DART bus stops and rail stations along wide, fast streets with long gaps between crosswalks and poor lighting at night. We see pedestrian and bicycle cases along Jefferson Boulevard, Illinois Avenue, Hampton Road, Loop 12 and near DART stations. In Odessa, sidewalks end on many roads, and pedestrians and cyclists share the shoulder with pickups and oilfield trucks.
FAQ
Questions people ask.
Can I recover if I was not in a crosswalk?
Often, yes. Crossing outside a crosswalk means you had to yield, and the insurer will argue you share the blame. Drivers still must use care to avoid pedestrians, and you can recover as long as your share is 50% or less.
The driver who hit me drove away. What now?
Report it to police right away. Leaving the scene of an injury crash is a felony in Texas, and police may find the driver through video. If not, your own uninsured motorist coverage, or a household member's, may pay.
I was riding my bike without a light. Do I still have a case?
Possibly. Texas requires a front light and a rear reflector or light at night, and the insurer will raise it. Whether it mattered depends on the street lighting, the driver's speed and attention, and what the video shows.
A DART bus hit me. Is that different?
Yes. Claims against a government transit agency follow the Texas Tort Claims Act, with written notice deadlines often within six months and limits on what can be recovered. Call early so the deadline is not missed.
My child was hit while walking to school. What should we do?
Get medical care first and report it to police. A child's claim is brought by a parent, and the deadline to sue generally does not start until the child turns 18, but evidence like video disappears in days, so act now.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Hit and run and uninsured drivers
- Car accidents
- Bus accidents
- Brain injuries
- Injuries to children
- Wrongful death
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.