‍Published by Brooker Law, PLLC — Dallas, Texas | Pedestrian Accident Lawyers

Last Updated: November 11, 2025

TL;DR

Many Dallas pedestrians are struck by drivers who carry little or no insurance. Brooker Law, a Dallas-based wrongful-death and catastrophic-injury firm, explains how uninsured and underinsured motorist (UM/UIM) coverage works in Texas, how it can protect victims even when they weren’t driving, and what steps families should take after a crash. Contact Brooker Law for a free, confidential consultation.

‍A Hidden Danger on Dallas Roads

In Texas, nearly one in five drivers has no liability insurance, and many more carry only the state-minimum $30,000 limits, which is far below what’s needed when a pedestrian suffers serious injuries.

For Dallas residents, that means you can be doing everything right -- walking in a crosswalk, obeying the signals -- and still face financial devastation if the driver who hits you doesn't have enough insurance to pay for the harm they caused. That’s where uninsured/underinsured motorist coverage comes in. However, few people truly understand how powerful this inexpensive protection can be.

What UM/UIM Coverage Does

Every Texas auto policy automatically includes UM/UIM coverage unless you expressly reject it in writing under Texas Insurance Code §1952.101.

UM/UIM coverage steps in when:

  • The at-fault driver has no insurance at all (UM); or
  • The at-fault driver’s insurance isn’t sufficient to cover your losses (UIM).

UM/UIM coverage can pay for:

  • Medical expenses and rehabilitation;
  • Lost wages and future earning capacity;
  • Pain, suffering, and emotional trauma; and
  • Wrongful-death and survivor damages for families.
And here’s what most people don’t realize ... you don’t have to be in your own vehicle to be covered! Pedestrians, bicyclists, and passengers may all qualify under their personal auto policies.

A Dallas Example

Imagine a Dallas resident walking across Maple Avenue on a green light. A distracted driver with minimum insurance coverage hits her, causing multiple fractures and a traumatic brain injury. Unfortunately, the driver’s policy limit is only $30,000, which is barely enough to cover the ambulance ride and ER bill.

If the pedestrian carries $250,000 in underinsured-motorist coverage, Brooker Law can pursue the driver’s insurer for its limit and file a UIM claim with the pedestrian's own carrier to recover the rest of her losses. That single decision to keep strong UM/UIM coverage can determine whether the pedestrian is able to rebuild or whether she will face a large medical debt.

UM/UIM Claims Are Complicated

UM/UIM claims may sound simple -- “My driver was uninsured, so my insurance pays.”
However, in practice, they’re among the most contested cases Brooker Law handles.

Insurers often:

  • Demand recorded statements to look for contradictions.
  • Argue your injuries were “pre-existing.”
  • Claim your policy doesn’t apply because you weren’t “occupying” your vehicle.
  • Offer low settlements hoping you won’t challenge them.
  • Deny, delay, and defend your claim.

Although the claim is with your insurer, it’s still an adversarial process. That’s why trial-ready representation matters.

Proving a UM/UIM Claim

To succeed, your lawyer must prove:

  1. The other driver was negligent.
  2. The other driver was uninsured or underinsured.
  3. Your injuries and damages were caused by the crash.

In other words, you still have to prove the underlying claim against the defendant, at-fault driver even though the claim is against your insurer, not his or hers. At Brooker Law, we:

  • Obtain the police crash report and verify policy status;
  • Analyze medical records to connect injuries directly to the collision;
  • Collect witness statements, scene photos, and EDR data to prove liability; and
  • Coordinate with your insurer to document medical and financial losses thoroughly.

When an insurer refuses fair payment, Texas law may allow a separate claim for insurance bad faith or violations of the Deceptive Trade Practices Act.

‍FAQ: UM/UIM Coverage in Dallas

Do I need UM/UIM coverage if I already have health insurance?
Yes. Health insurance may pay medical bills but doesn’t cover lost income, pain and suffering, or long-term disability.

How much UM/UIM coverage should I carry?
You cannot have more UM/UIM coverage than you have in liability coverage, so you should have at least as much UM/UIM coverage as your liability coverage. UM/UIM is very inexpensive compared to its value.

What if the insurance company delays or denies my claim?
You can pursue legal action for breach of contract and bad faith. A lawyer can pressure insurers to pay the benefits that you're owed.

Can UM/UIM coverage apply if I was walking or biking?
Yes. The policy follows you as a person, not just your car.

Does it cover hit-and-runs?
Yes — if there’s physical contact or credible evidence linking your injuries to another vehicle.

Contact Brooker Law

Brooker Law, PLLC represents victims and families in Dallas pedestrian accidents, uninsured motorist cases, and underinsured motorist cases throughout Texas. Our mission is to make Dallas streets safer by holding negligent drivers and insurance companies accountable. Contact Brooker Law today for a free, confidential consultation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every case is unique. For advice about your specific situation, contact Brooker Law, PLLC.