Legal Rights for Passengers and Pedestrians in Texas Truck Accidents
When a commercial truck slams into a vehicle or strikes someone on the street, the focus usually shifts to the drivers involved. But what if you were a passenger or bystander?
What if you were simply riding along I-20 or crossing a crosswalk near a downtown Dallas construction site—and suddenly your life was turned upside down?
This guide is for the passengers and bystanders often left out of the conversation. If you’ve been hit, hurt, and left wondering if you have any legal rights, you’re not alone.
At Angel Reyes & Associates, we’ve spent over 30 years helping injured Texans understand their path forward—and that includes those who weren’t driving.
Key Takeaways
- Passengers and pedestrians have full legal rights to seek compensation after Texas truck crashes.
- Liability may extend to truck drivers, employers, or even third-party contractors.
- Time is critical—Texas law gives you 2 years to act, but earlier action strengthens your case.
Can Passengers File a Truck Accident Claim in Texas?
Absolutely. Texas law gives passengers the same right to seek damages as drivers. Whether you were in the back seat of a rideshare on the Dallas North Tollway or catching a ride with a coworker down I-35, you have the right to file a personal injury claim against whoever caused the crash.
Even if the at-fault party was your own driver, you can still pursue compensation. The law doesn’t ask who you were riding with—it asks who was responsible.
Who Could Be Liable for the Truck Accident?
Depending on the truck crash circumstances, multiple parties may share fault:
- The truck driver – For speeding, fatigue, intoxication, or distracted driving.
- The trucking company – If poor training, improper hiring, or pressure to meet delivery quotas played a role.
- Another vehicle’s driver – Including your own if they contributed to the crash.
- A third party – Such as a maintenance provider who failed to fix brake issues or a cargo loader who created an imbalance.
Legal Options for Pedestrians Hit by a Commercial Truck
If you were walking, biking, or crossing the street when a truck struck you, the consequences can be devastating. Pedestrians are exposed and vulnerable, especially in zones near warehouses, delivery hubs, or school crossings.
How Texas Comparative Negligence Works
Texas uses a “modified comparative negligence” rule. If you’re found to be less than 51% at fault, you can still recover compensation—but your payout will be reduced by your share of fault.
For example:
- 40% fault: You receive 60% of your total damages.
- 51% or more: You’re ineligible to recover.
That’s why evidence matters. Truck camera footage, eyewitness reports, and traffic signal data can all challenge unfair blame placed on pedestrians.
Common Truck Driver Errors Leading to Pedestrian Injuries
These mistakes often cause devastating collisions involving pedestrians in Texas cities:
- Wide turns into crosswalks without checking for people already crossing
- Disregarding pedestrian signals at intersections, especially during delivery rushes
- Backing up blind from alleys, loading docks, or warehouse lots with no spotter
- Speeding in city zones, often ignoring school or pedestrian-heavy areas
Each of these errors reflects a breach of the duty truck drivers owe to everyone on the road—including those on foot.
What Compensation Can Non-Drivers Recover in Texas?
If you’re a pedestrian or passenger injured by a truck, your damages may go far beyond the ER bill. Texas law allows injured parties to seek compensation for the full scope of their losses.
- Medical costs – Emergency care, surgery, rehab, future treatment plans
- Lost wages – Time off work now and future earning capacity if you’re unable to return
- Pain and suffering – Physical agony, mental anguish, emotional trauma
- Loss of enjoyment – If your injuries impact your lifestyle, hobbies, or relationships
- Property damage – Including broken phones, eyeglasses, bikes, or other personal items
Passenger-Specific Considerations
- If your own driver contributed to the crash, their insurance may still owe you.
- You might qualify for uninsured/underinsured motorist coverage, especially in rideshare or employer vehicles.
Pedestrian-Specific Compensation Factors
Pedestrians often face injuries like traumatic brain injuries, crushed limbs, or spinal damage. That may entitle you to:
- Home modifications, like ramps or special beds
- Mobility equipment, such as wheelchairs or prosthetics
- Long-term therapies or mental health support
What’s the Legal Process Like for Passengers and Pedestrians?
Truck crashes move fast. Insurance adjusters, investigators, and legal teams may already be building a case before you’ve even made it home after the crash.
Here’s what your process should look like:
- Get medical care – Your health comes first.
- Document everything – Take photos, collect witness contact info, and save all records.
- Report the crash – File or obtain the police report.
- Hire legal help – An attorney levels the playing field against powerful insurance teams.
- Determine liability – We investigate all parties and relevant insurance policies.
- File the claim or lawsuit – Depending on insurer cooperation and case strength.
Reminder: The statute of limitations in Texas is 2 years from the date of the crash.
Key Evidence That Strengthens Your Truck Accident Claim
The stronger your documentation, the more leverage your truck accident attorney has. We recommend securing:
- Medical diagnoses and recovery outlooks
- Witness testimonies
- Dashcam or surveillance footage
- Trucking logs and maintenance records
- Proof of FMCSA (Federal Motor Carrier Safety Administration) violations
How Trucking Regulations Can Support Your Case
Truck drivers and their employers must follow federal safety laws. If they broke rules on drive time, inspections, or training, that negligence could support your claim.
Need help reviewing FMCSA violations? Let our team dig into it on your behalf.
Why Legal Representation Is Critical in Truck Accident Claims
Truck accident cases aren’t like fender-benders. You’re up against commercial carriers, legal defense teams, and insurers determined to limit payouts. At Angel Reyes & Associates:
- We investigate aggressively
- We handle every insurer interaction
- We build cases designed for negotiation or trial
Most importantly, you don’t pay unless we win.
Passengers and Pedestrians Involved in Truck Accidents FAQs
Can I sue if I was a passenger injured in a truck accident in Texas?
Yes, you can sue if you were a passenger injured in a truck accident in Texas. Even if your driver was partially at fault, you can still pursue a claim.
What compensation can pedestrians receive after being hit by a truck in Texas?
Depending on injuries, you may recover medical expenses, lost wages, emotional distress, and more.
How does comparative negligence affect pedestrian claims?
As long as you’re less than 51% at fault, you may still recover compensation.
Who is liable when a truck hits a pedestrian in Texas?
Potentially the truck driver, the trucking company, or other third parties. It depends on the facts.
What is the statute of limitations for passenger injury claims?
Two years from the date of the crash—but earlier action gives your case the best shot.
You Have Rights — Let Us Help You Use Them
Being a passenger or pedestrian doesn’t mean being powerless. If a truck crash upended your life, you deserve to understand your rights—and explore your options without pressure.
Let Angel Reyes & Associates be your advocate.
Injured as a passenger or pedestrian? Contact us for a free consultation.
