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:
- Broken bones
- Spinal cord injuries
- Brain injuries
- Wrongful death
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 Parties 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 drivers fault. Cities, counties, states, and transportation departments, especially in San Antonio, often fail to provide safe and reasonable accommodations for pedestrians. Our pedestrian accident lawyers can help determine exactly who is at fault for your injuries and fight for a fair settlement and the compensation you deserve.