Our pedestrian accident lawyers are fighting every day for pedestrians and their families who are killed or injured on San Antonio, TX roads and walkways.
If you’ve been affected, call our office for a free consultation. Our seasoned personal injury attorneys can help you determine the cause of your accident, identify the parties at fault, and help get the compensation you deserve. San Antonio has the second most pedestrian injuries and fatalities of any Texas city. One look at our roads, and it’s easy to see why.
Pedestrian fatalities hit a 25-year high in 2017, with 6,000 pedestrians killed in the U.S. Gas prices are down, which means there are more cars on the road, but we’re also a nation distracted. Far too often, drivers are looking down at their phones instead of paying attention to the road. Pedestrian injuries are also caused by poorly maintained roadways and insufficient walkways because not enough funds are being used for our roads and infrastructure. Speak to a skilled San Antonio personal injury attorney to discuss your rights and legal options for compensation. En Español.
In accidents involving pedestrians and vehicles, the results are almost inevitable. The human body is no match for a car or truck. The injuries sustained by pedestrians are often life-threatening.
We’ve Handled Cases Involving:
Even a well-intentioned driver can fail to see a pedestrian crossing the street or walking on the side of the road. But many pedestrian injuries are caused by clear negligence.
Duty and Breach of Duty
All drivers have a legal duty to operate their vehicles in a manner that avoids injuring others. When a driver unreasonably operates their vehicle, they breach this duty.
The reasonableness of a driver’s actions are judged based on what the average person would have done in similar circumstances. A San Antonio pedestrian accident attorney can help the plaintiff prove the defendant’s actions are unreasonable.
Causation and Damages
Once the plaintiff proves the defendant breached their duty, they must establish the breach caused their injury. Even though a defendant is negligent, the plaintiff cannot recover if the negligence did not cause their injury. The plaintiff can prove causation by demonstrating their injury was not caused by anything other than the accident.
The plaintiff must also establish the defendant could have foreseen their actions would lead to an injury. For example, if an unexpected act of nature resulted in the defendant’s actions injuring the plaintiff, the defendant is not liable.
After the plaintiff established causation, they need to show they suffered damages due to their injuries. Damages include monetary losses suffered by the plaintiff or compensation for their pain and suffering.
We’ve Found Pedestrian Crash Defendants at Fault For:
- Hit and Runs
- Failing to look for pedestrians on a crosswalk
- Drivers who disobey speed limits, traffic signs, and signals
- Distracted and intoxicated drivers
- Illegally parked cars that made pedestrians hard to see
- Poorly maintained crosswalks and walkways
- And more
When a pedestrian is hit by a car, sometimes it’s not even the driver’s fault. Cities, counties, states, and transportation departments, especially in San Antonio, often fail to provide safe and reasonable accommodations for pedestrians. Our skilled attorneys can help determine exactly who is at fault for your injuries and fight for a fair settlement and the compensation you deserve.
When a pedestrian is hit by a car, and another party is at fault, the law provides remedies so that you can be compensated. You may be entitled to:
- Economic damages for your medical bills, lost wages, and damaged property
- Non-economic damages for pain and suffering
- Punitive damages meant to punish the other party for their negligence and actions
The plaintiff is not free from bearing responsibility for their actions. The plaintiff’s actions are judged on the same negligence and reasonableness standard used to examine the defendant’s driving. A San Antonio attorney can help the pedestrian establish their actions in the accident were reasonable.
Comparative negligence reduces the plaintiff’s recovery in an amount equal to their fault for the accident. Therefore, if the plaintiff is 25 percent at fault for the accident, their recovery is reduced by 25 percent. However, should the plaintiff be 51 percent or more responsible for the accident, they are completely barred from recovering.
If you’re hit by a car, you should take many of the same steps you would take if you were in an auto accident.
- Make sure you’re safe! If possible, get off the road and away from traffic so that you’re not further injured.
- Seek immediate medical attention. Even if you don’t feel like your injuries are severe, you need immediate medical attention. Pedestrians often don’t realize that they have concussions, fractures, or internal bleeding until it’s too late.
- Start creating a record. The police should be called so that they can investigate and write a full report. They’ll speak to witnesses, take pictures of the accident scene, and gather evidence.
The Importance of Seeking Medical Attention
Medical records are essential for a plaintiff to prove they are entitled to damages. The plaintiff may not be able to recover damages without a record of the injuries sustained in the accident. The medical records provide the plaintiff with evidence pointing at the pedestrian accident as the cause of their injuries.
Call us for help! Before speaking with the driver’s insurance company, you need legal representation. Insurance companies are notorious for offering low-ball settlements to flustered accident victims. Do NOT admit fault or make a statement until you speak with us first.
The team at Felix Gonzalez Law Firm knows exactly how to handle pedestrian accidents in San Antonio. We’ll protect your rights and get you the compensation you deserve. To get started, call a San Antonio pedestrian accident lawyer today for a free consultation.