I fell at a customer's house delivering a package. I am 1099 and the ditch was next to drive way unlit.

Make a claim on the customer's homeowner's insurance.  If the damages are below $10,000 you can file a claim yourself in Justice of the Peace or Small Claims court. 

Sorry this happened. The question this case will actually turn on is whether that ditch counts, legally, as an "open and obvious" hazard — because in Texas, if a danger is open and obvious, a property owner generally has no duty to warn about it or fix it, and that can wipe out a premises liability claim entirely. The fact that it was unlit and next to the driveway is exactly what pushes this the other way and makes your case: a hazard someone genuinely couldn't see because there was no light to reveal it isn't "obvious" in any meaningful sense, even if the ditch itself is a permanent, visible-in-daylight feature of the property. That distinction — obvious in daylight versus concealed by darkness at the time you were actually there — is the heart of this case, and it's worth documenting immediately: photos of the ditch and the lighting conditions at night (or as close to the actual time as possible), how long the ditch has existed, whether there was ever a light, cover, marker, or warning there, and whether the homeowner or anyone else has complained about it or been hurt by it before.

Because the ditch is a permanent feature of the property rather than a spill or something that just appeared, you generally don't have to prove the homeowner just found out about it — a fixed condition like this is much easier to establish as something they knew or reasonably should have known about, compared to a transient hazard. As someone there to deliver a package, you'd typically be classified as an invitee, which gets you the highest duty of care a property owner owes, so this is a strong liability posture if the concealment argument holds.

On the money side, this is actually a more favorable insurance situation than a lot of what comes up in these questions — ordinary negligence claims like this are exactly what a homeowner's liability policy is meant to cover, unlike intentional-act or coverage-excluded scenarios. So there's typically a real source to pay a legitimate claim here, assuming the homeowner carries a standard homeowner's or renter's policy.

Being 1099 matters in a specific way: since you're an independent contractor rather than an employee, workers' comp exclusive-remedy rules don't stand between you and a claim against the homeowner — you're free to pursue this as an ordinary third-party negligence claim. Separately, check whether the company you deliver for provides occupational accident coverage for its contractors (common with delivery/courier companies that use 1099 drivers) — that can be a no-fault source for medical bills and some lost income regardless of how the fault fight with the homeowner goes, so it's worth asking them directly and getting your contractor agreement out to see what's in it.

For lost income, since you're self-employed, that claim needs to be backed with real records to hold up — prior 1099 income, delivery/dispatch logs, and a clear accounting of the days or routes you missed — the same "reasonable certainty" standard that applies to any self-employed lost-income claim in Texas.

One thing to keep in mind: Texas is a modified comparative fault state, so if the property owner's side argues you weren't watching where you were walking, any percentage of fault assigned to you reduces your recovery, and if you're found more than half at fault you'd recover nothing — so how this gets framed (concealed hazard in the dark vs. failure to watch your step) matters a lot, and is exactly the kind of framing an attorney handles at the outset, ideally before you give any recorded statement to an insurance adjuster.