San Antonio Pedestrian Accident Attorney
Securing Justice for Pedestrian Accident Victims
In great, populous cities like San Antonio, taking a leisurely stroll through downtown, enjoying the weather, or simply exercising in your neighborhood can be a fruitful experience. More and more people have taken up walking to get from place to place or to stay fit. Walking around town can be cost-effective, but it can also be hazardous if you get near busy and congested roads or if a negligent driver hits you with their car.
Pedestrian accident victims undeservedly feel the impact of these accidents for a long time going forward. Your entire life can be turned upside down simply because you were hit by a car. Injured pedestrians just like you have to deal with the significant fallout of their injuries, which can include a host of medical expenses, lost wages, and emotional distress.
No matter how you were injured in your pedestrian accident, filing a personal injury claim can help you move forward with confidence. Our San Antonio law firm realizes what an uphill battle it can be to recover from your injuries. Our legal team is committed to ensuring that the responsible party in your pedestrian accident is held accountable for their negligence.
Contact our experienced pedestrian accident law firm today to get started on your personal injury case. We offer free, no-obligation consultations, so you have nothing to lose when it comes to getting started on your injury claim.
Why Should I Hire a Pedestrian Accident Lawyer?
Whether a distracted driver caused your collision or a driver neglected your right of way at a crosswalk, you deserve justice for any injury you have sustained in your pedestrian accident. Pedestrian accident attorneys in San Antonio understand what it takes to win an injury case like yours.
The majority of cases are settled outside of court, through negotiations with the insurance company. Our pedestrian accident attorney has the skills and experience needed to get you the results you deserve at the negotiating table or in court.
All too often, insurance companies try to blame injured pedestrians for causing the accident so they can deny claims or pay less than they’re worth. Personal injury lawyers understand the complex intricacies involved with handling pedestrian accident cases and are not afraid to stand up to insurance companies and their legal teams.
Your lawyer can also assist you with completing and submitting legal paperwork so that it meets all critical deadlines. One of the most common reasons claims are initially denied is that they have been filled out incorrectly or are incomplete. Your legal representative will also explain the legal process involved with filing a pedestrian accident claim and what to expect as the case moves forward.
Let our pedestrian accident attorneys protect your rights going forward. If you or a loved one has been injured in a pedestrian accident, contact our San Antonio law firm to schedule a free initial consultation.
What are the Most Common Causes of San Antonio Pedestrian Accident Injuries?
Even though many traffic laws are in place to protect pedestrians from traffic accidents, pedestrian accidents still occur. Unfortunately, these types of accidents occur far more often than they should. Many drivers who cause pedestrian accidents are found to have been speeding at the time of the accident. Speeding or reckless driving is frequently cited in accident reports as a contributing factor, making it challenging for drivers to react to unexpected situations, such as a pedestrian unexpectedly entering the roadway. Texas law requires drivers to make a complete stop and yield to any pedestrians who may be in the crosswalk.
Other common causes of pedestrian accident injuries include:
- Distracted driving: Many motorists engage in risky activities while operating their vehicles, including texting while driving, eating, paying attention to the GPS, or passengers.
- Impaired driving: Driving under the influence of drugs or alcohol severely impairs a driver’s judgment and reaction time, which can have deadly consequences for victims.
- Failure to yield: A common problem for pedestrians is drivers failing to yield or obey other fundamental traffic laws.
- Improper turns: Making improper turns, especially in busy intersections, with drivers ignoring their surroundings.
What Types of Pedestrian Accident Injuries May Qualify for Damages?
Pedestrian accidents often result in serious injuries. In some cases, pedestrian accidents can even lead the victim to sustain fatal injuries. In some instances, pedestrian accident victims suffer catastrophic injuries that can have life-changing consequences. Catastrophic injuries include spinal cord injuries or traumatic brain injuries.
Other severe injuries that can stem from a pedestrian accident are mainly due to the speed and angle at which a pedestrian accident victim was struck. Pedestrians are completely vulnerable because they lack the protection afforded to those traveling in enclosed vehicles.
A pedestrian accident involving oncoming traffic can make matters even worse. Our team of pedestrian accident attorneys has represented pedestrian accident injury clients suffering from these common injuries:
- Spinal cord
- Head, neck, and back injuries
- Facial and dental injuries
- Internal injuries
- Broken bones and fractures
- Hip
- Lower leg
- Strains
- Sprains
- Road rash
- Lacerations
- Bumps and bruises
- Orthopedic injuries
Seek Medical Attention Immediately
If you have been injured in a pedestrian accident caused by a negligent driver, you must seek medical attention immediately. All too often, internal injuries sustained in pedestrian accidents do not immediately manifest themselves but could have life-threatening consequences if left untreated.
A pedestrian accident lawyer from our trusted San Antonio injury law firm will work diligently to help you pursue compensation to help you rebuild your life after being injured. While you may be reluctant to seek help from our pedestrian accident attorneys, we can help you recover damages for economic and non-economic damages. You have nothing to lose by consulting a San Antonio pedestrian accident attorney. Start your claim today.
How Can Your Pedestrian Accident Attorney Help Me Prove Negligence in My Case?
One of the most vital components of filing a successful pedestrian accident claim is proving negligence on the part of the person who caused your pedestrian accident. When it comes to proving negligence in a pedestrian accident case, having an attorney can make a significant difference in the compensation you receive.
Some of the legal services that pedestrian accident attorneys provide to clients include:
Assess Evidence to Determine Liability
Drivers are found to have violated traffic laws, including failing to yield the right of way, disregarding crosswalks and traffic lights, and more. Many streets and roads are now equipped with traffic cameras, making it much simpler to determine fault and negligence in cases like yours. In other instances, dashboard camera footage can also help determine whether negligence led to your injuries.
Gather Evidence to Substantiate Your Claim
We can seek out police reports, medical records, photos, videos, and testimonies to establish the driver’s negligence in your case. Our pedestrian accident attorneys will sift through all available evidence to determine liability and who should be held accountable for your injuries.
Another critical legal service we can provide is consulting with expert witnesses who can offer an unbiased opinion on how and why the accident occurred and who should be held accountable for your damages.
Our law firm also has the legal resources to secure cell phone records that can prove distracted driving. We can also secure toxicology reports if it is suspected that the driver was operating under the influence.
Taking swift legal action can help you get the justice and compensation you truly deserve for all of the losses you have sustained.
What Kind of Compensation Can I Receive for My Pedestrian Accident Claim?
There is no exact formula that can determine the amount of compensation you may be awarded for a successful pedestrian accident claim. Even so, hiring a knowledgeable pedestrian accident attorney gives you the best possible chance to maximize the amount of compensation you may be legally entitled to receive.
Medical Expenses
One of the most sought-after damages that our pedestrian accident attorney can help you recover is medical expenses. With a severe injury comes the potential for expensive medical bills. Medical care can be costly, especially if you require substantial treatment for your injuries. If you have been permanently injured, our pedestrian accident attorneys can also help you recover damages for any future unpaid medical bills that you may face.
Lost Income
A common concern for pedestrian accident victims is lost income due to the inability to work caused by their injuries. If you have missed time from work, you may also have missed paychecks. Missing pay at such a critical juncture in your life can be devastating to your finances. Our law firm works to make things right so you can stop worrying about how you will pay your bills and focus on rest and recovery. We can also account for any future lost wages and benefits you may sustain if your injuries are bad enough to keep you off work indefinitely.
Non-Economic Damages
Our pedestrian accident attorneys are also experienced in recovering compensation for non-economic damages, including pain and suffering, loss of consortium, loss of enjoyment of life, and more. On top of those damages you can claim, you may also be awarded punitive damages by the court.
While extremely rare, those who are awarded punitive damages receive far more compensation for their losses. This higher award serves to make an example of the at-fault driver involved in their traffic accident. No matter what your needs may be, our pedestrian accident attorneys can handle every aspect of your case.
How Can Texas’s Modified Comparative Fault Laws Affect My Pedestrian Accident Claim?
Texas law follows a modified comparative fault doctrine, meaning that if an injury victim is found to have contributed to an accident, any compensation they recover will be reduced by the percentage of fault assigned to them.
For example, suppose you have been injured by a negligent driver in a pedestrian accident and are awarded $100,000 for damages, but are also found to be 25% at fault for causing the accident. In that case, your financial compensation would total $75,000.
Unfortunately, insurance companies often try to use state laws to reduce the compensation they pay to injury victims. Insurance providers have legal teams who work tirelessly to find ways to blame claimants so they can avoid large payouts and protect their bottom line. These legal teams are especially diligent in pedestrian accident cases, as victims often incur significant damages that can lead to large settlements.
Having a pedestrian accident lawyer on your side will prove invaluable, as they are familiar with the methods that insurers try to use to evade substantial payouts. Our law firm can offer you the legal assistance you need to ensure you recover compensation for your physical injuries and pain and suffering.
How Long Do I Have to File a Pedestrian Accident Claim?
Just as with other Texas personal injury claims, individuals who have been harmed in a pedestrian accident have up to two years to file a claim. The two-year clock begins on the date the accident occurred, and failure to file a claim within the time limits will most likely result in your case being thrown out. Under the law, once your case is thrown out for failing to meet the critical deadline, you lose all legal recourse to try to seek compensation for your injuries.
The state imposes a two-year statute of limitations on personal injury cases for several reasons. One of the most significant reasons is to ensure that evidence is available for the case. Over time, evidence can quickly disappear, witnesses move, and their memories fade. Additionally, the two-year time limit also helps to alleviate the concern of potential defendants that they may face litigation indefinitely,
Although two years may seem like a long time, life can easily get in the way of your being able to file a claim on time. The best strategy is to consult a pedestrian accident lawyer immediately, who can begin the claims process.
What Legal Options Does Our Family Have if Our Loved One Died in a Pedestrian Accident?
All too often, pedestrian accidents end in deadly collisions where victims often die from head injuries. These traffic fatalities can have devastating effects on families who may struggle financially due to the loss of their loved one.
If you have tragically lost a loved one in a pedestrian accident, your primary legal option is to file a wrongful death claim. As with a pedestrian accident claim, there is a strict two-year time limit for families to pursue compensation. However, unlike a personal injury claim, where the clock starts on the date of the accident, the two-year time limit begins on the date of the victim’s death.
Only specific family members are eligible to file a wrongful death claim, including:
- Surviving spouse
- Children of the deceased
- Parents of the deceased
If eligible family members do not file a claim within three months, the personal representative or executor of the deceased’s estate may do so.
Depending on the facts involved, families may be able to recover compensation for economic and non-economic damages. Economic damages typically include compensation for medical bills, reasonable funeral and burial expenses, lost income, and lost inheritance. Non-economic damages are granted to compensate families for loss of companionship and the pain and suffering the deceased experienced before their death.
The at-fault driver or their insurance company can be held liable for your family member’s death and be ordered to pay compensation. You should be advised that Texas’s modified comparative negligence rule also applies to wrongful death cases, and you must seek qualified legal representation to avoid the insurance company trying to blame your loved one for their own death.
Contact Barry Deacon Law Today to Schedule a Consultation to Learn More About How We Can Assist You With Your Legal Needs
Pedestrian accident injuries can be serious or life-threatening. Traffic crashes involving pedestrians can lead to lifelong medical concerns and disabilities that may not be immediately evident following a crash. After seeking medical care for your injuries, your first step should be to contact our personal injury attorney to help you get started on your pedestrian accident injury case.
Our pedestrian accident lawyer and legal team will help you seek fair compensation and represent you in all settlement negotiations to avoid your case going to court. When our pedestrian accident attorney Barry Deacon represents you, he doesn’t just show up, say a few words, and disappear. Instead, he continuously fights for your rights and draws on his vast field experience to turn the odds in your favor. Our legal team will build a solid case that withstands the insurance company’s scrutiny. We will also present a compelling argument that proves the extent of your damages, which in turn can help you get the most financial compensation possible for your pedestrian accident claim.
We work on a contingency fee basis, meaning you pay nothing up front. We only receive payment if we successfully win your case. Contact Barry Deacon Law today at our San Antonio law firm by calling (210) 985-8398 for English-speaking clients and (210) 796-4933 for Spanish-speaking clients.
