A collision between a motor vehicle and a pedestrian can cause serious harm to the latter. If you or a loved one was recently in a pedestrian accident in San Antonio, you might be struggling with painful personal injuries and emotional trauma today. At the Law Offices of Maloney & Campolo, we believe in standing up for the rights of accident victims. Our San Antonio pedestrian accident attorneys can help you seek justice from a distracted or negligent driver. Start your claim to damages with a free consultation in Texas.

Why You Should Choose the Law Offices of Maloney & Campolo

  • You will receive undivided attention from a San Antonio trial attorney – not a paralegal, associate, or assistant. We will answer your questions or concerns any time, day or night.
  • You will feel confident in the talents of our injury lawyers. We are proud of our 95% success rate, as well as the $150 million we have secured for past clients.
  • You will pay $0 up front, and nothing at all unless we secure a financial recovery for you. We want to ensure everyone has the ability to benefit from our legal representation, so we offer them on a contingency fee basis.

How Can a San Antonio Pedestrian Accident Lawyer Help With Your Case?

A traffic accident with a pedestrian can have very serious consequences for the victim. In cases involving catastrophic injuries, broken laws, or reckless drivers, contact an accident attorney. Only with a personal injury lawyer’s assistance can you guarantee your best odds of securing compensation for your medical expenses, lost wages, and pain and suffering. A lawyer will make sure the driver and his or her insurance company do not take advantage of you during the claims process. Your pedestrian accident attorney will take over conversations with insurance claims adjusters and handle negotiations on your behalf. Meanwhile, you can focus on getting well and returning to work.

Common Causes of Pedestrian Accidents in Texas

The number one cause of vehicle-pedestrian collisions in San Antonio is driver error. Negligent, distracted, and careless drivers put pedestrians and other vulnerable road users at risk daily. As people walk through downtown San Antonio or other metropolitan areas, such as Dallas-Fort Worth, they may have to maneuver through many potential causes of accidents.

  • Distracted driving
  • Texting and driving
  • Drowsy drivers
  • Drunk drivers
  • Reckless drivers
  • Speeding
  • Ignoring pedestrian right-of-way
  • Unsafe crosswalks/intersections

While drivers are often the defendants in pedestrian injury claims, the city could also share liability. The City of San Antonio may be accountable if it negligently failed to provide safe sidewalks or crossings for pedestrians. Roadway defects such as broken traffic lights could point to city liability for your accident. Some cases involve more than one at-fault party sharing liability for pedestrian damages. An experienced San Antonio pedestrian accident attorney will be able to determine who the liable party or parties are and hold them accountable for their actions.

San Antonio pedestrian accident attorney

Common Injuries in Pedestrian Accidents

An impact with a moving vehicle can cause serious injuries that could take months of recovery time, some victims may even need physical therapy to fully recover. The severity of the injuries often depend on the vehicle’s size and speed. Pedestrians can suffer from the following injuries after an impact with a car:

It is important to seek medical attention immediately after the accident. If you hit a pedestrian with your car and the victim is on the ground, try not to move him or her, wait for the paramedics to arrive so they can safely move them.

What to Do After a Pedestrian Accident

If a vehicle strikes you, remain at the scene and call the police. You must report accidents to police if they involve personal injuries or deaths. Calling the police can protect you, as it will create official documentation of what happened. The police can help you gather information, such as the name and insurance information of the driver. Take photos at the scene, if possible. The more evidence you collect at the scene of the accident, the stronger your personal injury claim. Next, go to the hospital to receive medical care for your injuries. Prompt medical attention can show insurance companies that you did what you could to recover from them. Keep copies of your medical records, documents, and expenses. Call the at-fault driver’s auto insurance company to file a report. Most insurance companies require reporting as soon as possible. Then, contact a San Antonio pedestrian accident lawyer to help you negotiate a fair settlement.

How Long You Have to File a Pedestrian Accident Claim in San Antonio

An important law to be aware of when pursuing financial compensation for a pedestrian accident in San Antonio is Texas’s statute of limitations. The statute of limitations is a strict deadline for filing civil lawsuits. In Texas, the statute of limitations is two years from the date of a pedestrian accident, in most cases. This means you have no more than two years from the date of the incident to bring a claim against the person or party responsible for your injury.

There are some exceptions to the rule. The discovery exception, for example, can toll or pause the clock on the statute of limitations until the date that the victim discovers – or reasonably should have discovered – his or her injury. If you tragically lost a loved one in a fatal pedestrian accident, the clock starts running on the date of the victim’s death rather than the date of the accident, if these two dates differ. There is also an exception for injured minors, who have until their 20th birthday to file pedestrian accident claims in Texas.

You may have less than two years, however, if you are seeking financial compensation from a government entity in Texas. If you were hit by a car due to a dangerous road design or other examples of government negligence, your personal injury claim will have a shorter deadline. In Texas, each municipality has the right to set its own statute of limitations on government tort claims. These deadlines can be as short as 45 days. This is why it is important not to hesitate to contact an attorney after your pedestrian accident.

Compensation Available for San Antonio Pedestrian Accidents

Bringing a personal injury claim against a driver who struck you (or a third party) could result in financial compensation, also known as damages, being awarded for various losses you have suffered and will continue to suffer due to a serious injury. Every driver in Texas must carry minimum amounts of liability insurance to pay for accidents and injuries that they cause. By filing an insurance claim or personal injury lawsuit, you could recover the following types of damages:

  • Economic damages: compensation for monetary losses associated with your pedestrian accident, such as past and future medical bills, physical therapy and rehabilitation, personal property losses, lost wages, future lost capacity to earn, and out-of-pocket costs. Economic damages can also include funeral costs in a wrongful death lawsuit.
  • Noneconomic damages: financial recovery for the intangible or general losses caused by the collision, also known as pain and suffering damages. They may include physical pain, mental anguish, emotional distress, inconvenience, loss of enjoyment of life, loss of consortium and post-traumatic stress disorder.
  • Punitive damages: an additional amount of compensation sometimes awarded to punish or penalize a defendant. Punitive or exemplary damages may be available if a defendant committed especially egregious acts of wrongdoing, such as gross negligence or exhibiting a reckless disregard for the lives or safety of others (e.g., in a drunk driving case).

There is no such thing as an average settlement for a pedestrian accident in San Antonio. Every case is entirely unique. The amount that is fair for an accident victim to receive will depend on the circumstances of the case, such as his or her injuries and losses. At Maloney & Campolo, we can analyze your case to help you understand its potential value. Then, we can go up against all available defendants to pursue maximum financial compensation on your behalf.

How Fault Is Determined in Pedestrian Accidents

The state of Texas abides by a fault law to determine who will pay for a traffic accident. Under this law, the person or party responsible for causing an accident must pay for related damages, including medical bills and property damage. To receive financial compensation, an injured pedestrian (or the victim’s attorney) must prove that the other party is at fault based on a preponderance of the evidence. This means fault is more likely to be true than not true.

In most pedestrian accident cases, the at-fault or liable party is the person who was in violation of a traffic law at the time of the collision. Texas has traffic laws in place to prevent the crossing of vehicle and pedestrian traffic. These laws require drivers to yield the right-of-way to pedestrians in crosswalks, for example, and come to a complete stop at red lights and stop signs. Violating these laws is a common cause of pedestrian accidents, after which proof of the traffic violation can place liability on the driver.

When a pedestrian accident claim is filed in Texas, an insurance company will conduct an investigation to determine fault. This investigation may involve reviewing police accident reports, visiting the scene of the crash, interviewing witnesses, searching for video footage and analyzing motor vehicle damage. The insurance company may also retain experts to reconstruct the crash. Meanwhile, the accident victim can retain an attorney to investigate on his or her behalf.

If the insurance company believes that its policyholder is responsible for causing the crash upon investigation, it will offer the victim a financial settlement to resolve the legal dispute. The victim can – and should – negotiate with the insurance provider until reaching a fair settlement value. If an investigation does not lead to this conclusion, however, the insurer may deny liability and reject the claim. The victim’s attorney can then work to prove the case using evidence of the policyholder’s fault.

What Is Comparative Negligence?

Comparative negligence is a common defense tactic used in pedestrian accident claims. In Texas, the modified comparative negligence law states that a victim’s financial recovery will be reduced by his or her percentage of fault for the injury. If a victim is found to be more than 50 percent responsible for the accident, however, he or she will be barred from recovering any financial compensation.

In a pedestrian accident case, the defendant or his or her insurance company may attempt to blame the pedestrian for the accident to avoid full liability. The insurer may allege that the pedestrian was jaywalking, for example, or walking while distracted. An attorney can help you combat defenses that may be raised during your pedestrian accident claim in San Antonio to protect your financial recovery.

Can I Sue for the Loss of a Loved One?

If a loved one suffered a fatal accident caused by a distracted or negligent driver, you may be able to file a wrongful death lawsuit. A wrongful death claim can be filed by a surviving spouse, children, siblings, and other close relatives of the deceased. You can recover compensation for burial and funeral expenses, loss of companionship, emotional pain and suffering, and other damages caused by the loss of your close one. In Texas, claimants have two years from the date of the death to file a claim, contact a San Antonio wrongful death attorney for help with your claim.

Contact Our Law Firm for a Free Consultation

One of our pedestrian accident lawyers can walk you through the claims process in pursuit of compensation for your medical bills, pain, and suffering, lost wages, and other damages after an impact with a vehicle. Our law firm can take your case to trial if settlement negotiations fail. Let us help you get through this difficult time.  Call (210) 922-2200 or submit our contact form for a free consultation with one of our personal injury attorneys. Our law firm represents clients throughout Bexar County, Texas.