Hit by a car while walking or biking in Midland: your rights and finding a pedestrian accident lawyer

Last checked November 8, 2026

Hit by a car while walking in Midland? In the city's study, 41 of 117 pedestrian crashes were fatal or serious.12 Drivers must stop for you at a Walk signal.3 Police reports here usually take five days.4 You generally have 2 years to sue,5 but a claim against the city needs notice within 60 days.6

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Road map of Midland showing Big Spring Street, Andrews Highway and Wall Street, which the city lists as having the most bicycle and pedestrian crashes
In Midland, 35% of pedestrian crashes were fatal or serious. Map data © OpenStreetMap contributors.

How dangerous is it to walk or bike in Midland?

Being on foot here is far riskier than being in a car. From 2018 to 2022 the city recorded 36 bicycle crashes and 117 pedestrian crashes.1 Forty-one of the pedestrian crashes were fatal or serious, about 35%.2 Eight of the bicycle crashes were, about 22%.7 Among crashes with only vehicles, the figure was about 2%.8

Who was in the crashShare fatal or serious
Vehicles onlyAbout 2%8
Someone on a bikeAbout 22%7
Someone on footAbout 35%2

The problem is concentrated. The roads with the most bike and pedestrian crashes appear to be Big Spring Street, Andrews Highway and Wall Street.9 Midland's high-injury network covers 4% of city roads but holds 55% of the fatal and serious bike and pedestrian crashes.10

Beyond the city, 371 crashes in the Permian Basin planning area involved a cyclist or pedestrian from 2019 to 2023, and SH 191 had the most, with 20.11 Across Texas in 2025, 695 pedestrians and 91 bicycle riders were killed.12

Who has the right of way when you cross a street in Midland?

  • With a Walk signal, drivers must stop and let you cross.3
  • With no working signal, drivers must stop for someone in a crosswalk on their half of the road.13
  • Outside a crosswalk you must yield to cars, which can affect who gets blamed.14
  • Even if you made a mistake, a driver must still use care to avoid hitting you.15

An insurer may say you were jaywalking. Do not agree on the phone. Texas only bars your claim if you are more than 50% at fault, and that is a question of how much each person did wrong, not who broke one rule.16

What are the rules if a car hit me on my bike in Midland?

A person on a bike has the same rights and duties as a car driver, except where the law says otherwise.17 A slower rider must stay near the right side, with exceptions for turns, passing, hazards and narrow lanes.18 If a driver says you were too far into the lane, those exceptions are worth a close look.

Keep the bike as it is, and photograph the road where it happened. Pavement edges and debris can matter on truck routes, and much of Midland's arterial grid carries them. Wadley, Midkiff and Big Spring are all local truck routes on the city's map.19

What should you do after being hit by a car in Midland?

  1. Call 911 and stay put until you are checked. Midland Memorial runs a Level 3 Adult Trauma Center in its emergency department.20
  2. Get the driver's name, plate and insurance. Ask a witness for a phone number.
  3. Note the exact spot, the signal and the lighting. Take photos if you can, or send someone back the next day.
  4. Ask nearby businesses to keep their video.
  5. Pick up the police report at 601 N. Loraine, (432) 685-7145, or buy it online.2122

What if a broken crosswalk or signal played a part in Midland?

Midland's Traffic Operations division handles studies of vehicle and pedestrian traffic and maintains signals, signs and pavement markings.23 Report a broken signal or a worn crosswalk through SeeClickFix, the city's 311 program, so there is a dated record.24

A claim against the city moves fast. The charter requires written, verified notice to the mayor and city council within 60 days.6 Send it to Risk Management at PO Box 1152 too.25 The city says sidewalk repair is the responsibility of the property owner, so a trip on a broken sidewalk may point at someone else.26 If the bus hit you, EZ-Rider is run by a separate transit district, (432) 561-9990, and the six-month notice generally applies.2728

What if my child was hit by a car in Midland?

A child's 2-year deadline to sue usually does not start until age 18.29 Do not assume the 60-day city notice waits, though. If a public vehicle or road may be involved, send the notice now.6

What should you ask a pedestrian accident lawyer in Midland?

  • Have you handled claims on Big Spring, Andrews Highway or Wall Street?
  • How will you answer a claim that I was outside a crosswalk?
  • Who should get notice if the road or signal was part of this?
  • If the driver's policy is small, where else can we look?

Questions

How long do I have to sue after being hit by a car in Midland?

Generally 2 years.5 Against the City of Midland, written notice is due in 60 days.6

Which Midland streets have the most pedestrian crashes?

Big Spring Street, Andrews Highway and Wall Street appear to have the most bike and pedestrian crashes.9

What if I crossed outside a crosswalk?

You must yield to cars there,14 but the driver still has to use care.15

Do cyclists have the same rights as drivers in Midland?

Yes, except where the law says otherwise.17

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Midland

Hit while walking or biking

Texas

Sources

  1. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “City of Midland had 36 bicycle crashes and 117 pedestrian crashes”
  2. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Of the 117 pedestrian crashes, 41 were KA crashes”
  3. Tex. Transp. Code § 552.002(b), checked 2026-11-08. “A pedestrian or sidewalk user facing a "Walk" signal may proceed across a roadway in the direction of the signal, and the operator of a vehicle shall stop and yield the right-of-way to the pedestrian or sidewalk user.”
  4. Midland Police Department, Request A Police Report, checked 2026-11-08. “Traffic accident reports are typically available at the MPD Records window after 1 p.m., five days after the accident.”
  5. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  6. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
  7. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Of the 36 bicycle crashes, 8 were”
  8. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Approximately 2% of all vehicle-only crashes were KA crashes”
  9. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Big Spring Street, Andrews Highway, and Wall Street”
  10. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “The HIN consists of 4% of the total City road network”
  11. Permian Basin MPO, Metropolitan Transportation Plan, checked 2026-11-08. “SH 191 accounted for the most”
  12. TxDOT, Texas crash facts, 2025, checked 2026-11-08. “Pedestrian fatalities totaled 695 in 2025”
  13. Tex. Transp. Code § 552.003(a), checked 2026-11-08. “The operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian is: (A) on the half of the roadway in which the vehicle is traveling”
  14. Tex. Transp. Code § 552.005(a), checked 2026-11-08. “A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place: (1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection”
  15. Tex. Transp. Code § 552.008, checked 2026-11-08. “the operator of a vehicle shall: (1) exercise due care to avoid colliding with a pedestrian on a roadway;”
  16. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  17. Tex. Transp. Code § 551.101(a), checked 2026-11-08. “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle”
  18. Tex. Transp. Code § 551.103(a), checked 2026-11-08. “a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:”
  19. City of Midland, Truck Routes map, checked 2026-11-08. “Local Truck Route”
  20. Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
  21. Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
  22. Midland Police Department, Request A Police Report, checked 2026-11-08. “You can also purchase accident reports online for added convenience.”
  23. City of Midland, Traffic Operations, checked 2026-11-08. “installation and maintenance of traffic control devices including pavement markings, traffic signage, traffic signals”
  24. City of Midland, Report an Issue, checked 2026-11-08. “SeeClickFix is our new 311 program that provides you with report tracking capabilities”
  25. City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
  26. City of Midland, Street & Alley Maintenance, checked 2026-11-08. “Sidewalk repair is the responsibility of the property owner”
  27. EZ-Rider, The Legal Stuff, checked 2026-11-08. “EZ-Rider and the Midland-Odessa Urban Transit District (MOUTD)”
  28. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  29. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”

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