That pitfall can easily be avoided by differentiating between prior probability and post hoc certainty.
For example, Tim tells Jill the CIA has been trying to kill her since December.
Jill notices she is alive, and rejects Tim's assertion.
There is the prior probability distribution that Jill would be alive (or not) if the CIA has been trying to kill her since December, and there is the post hoc certainty that Jill is alive. Both are meaningful.
But Tim accuses Jill of having committed the Texas sharpshooter fallacy. "What about all the other people the CIA has been trying to kill, but aren't dead yet?" Tim sagely asks. "Why are you ignoring them?"
"I don't know how many people the CIA is trying to kill that aren't dead yet, but I'll assume there are some, and i'll assume some have been lucky. But that has no effect on my prior probability of being dead by now if the CIA was after me. It is less likely that the CIA has been trying to kill me than your assertion being false."
Jill knows she is alive whether the CIA has been trying to kill her or not, and uses that fact. Jill also knows she almost certainly would not be alive now if the CIA has been trying to kill her, but probably would be alive if the CIA was not trying to kill her.
Jill also knows the entire question would not have arisen unless she is alive now. And that's why Jill uses probability. Jill is smart enough to consider the possibility that she could be dead even though she is alive. Jill knows probability can differentiate between different possible reasons why Jill is alive. "Given that I am alive in either case", Jill thinks, "Which hypothesis is more consistent with the fact that I am alive? The CIA has been trying to kill me since December and I've just been lucky so far, or the CIA has not been trying to kill me, and Tim is an ass?"
Jill is smart. Jill knows the CIA has probably not been trying to kill her. Tim is stupid. Tim thought Jill would be afraid of the Texas sharpshooter fallacy.
Maybe Jill is afraid of the Texas sharpshooter fallacy. But she is not afraid of the Texas sharpshooter fallacy fallacy.