An Experienced San Antonio Pedestrian Accident Attorney

Unfortunately, due to constant construction and road work, heavy traffic, and dangerous driving behaviors, pedestrian accidents are common in San Antonio. If you sustained injuries in a pedestrian accident caused by another person's negligence, you may be able to pursue a personal injury claim against the at-fault party.

At Alpha Accident Lawyers, we have extensive experience handling pedestrian accident claims. Our team of skilled attorneys has a proven track record of successfully representing personal injury victims and obtaining maximum compensation.

We maintain a 99% success rate and have recovered millions of dollars in compensation for our clients. Our San Antonio pedestrian accident lawyers can help you recover fair compensation for your injuries and losses. Call us today for a free consultation.

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No-Fee Guarantee and Free Consultation

At Alpha Accident Lawyers, we work on a contingency fee basis. Therefore, you won't have to pay any legal fees unless we win your case. If we don't win your case, you will owe us nothing.

During your free consultation, our pedestrian accident attorneys will review the details of your accident, answer any questions you may have, and inform you of your legal options. We will take care of all the personal injury matters while you focus on your recovery and family.

Common Causes of San Antonio Pedestrian Accidents

According to data gathered by the San Antonio Police Department (SAPD), there has been a steady increase in pedestrian accidents throughout San Antonio. In 2023, there were 841 pedestrian vs. motor vehicle accidents across San Antonio, about a 7.7% increase from the previous year.

Some of the most common causes of traffic accidents in San Antonio include the following:

Distracted driving: Drivers who text, talk on the phone, eat, or engage in other distractions are more likely to cause a car accident. Distracted driving is the No. 2 leading factor in traffic-related crashes in Texas.
Speeding: In Texas, speeding is the No. 1 contributing factor in traffic crashes. Speeding reduces a driver’s ability to stop or slow down quickly and increases the force of impact in a collision. Pedestrians hit by speeding vehicles are more likely to suffer severe injuries or fatalities.
Failure to yield to pedestrians: Drivers that fail to yield the right of way to pedestrians at marked and unmarked crosswalks and other pedestrian zones can cause serious accidents. These accidents often occur due to distracted driving or failure to follow traffic laws.
Driving while intoxicated: Alcohol and drugs impair a driver’s judgment, reaction times, and motor skills. Intoxicated drivers are less likely to see pedestrians and more likely to engage in reckless driving behaviors. According to San Antonio Express News, Texas is one of the states with the most drunken drivers.
Poor visibility: Accidents are more common at night, during bad weather, or in poorly lit areas. According to the National Safety Council (NSC), about half of traffic deaths occur at night.
Left turn accidents: When making left turns at intersections, drivers often focus more on oncoming traffic. Drivers must always check for pedestrians before turning and yield the right-of-way to pedestrians in crosswalks.
Backing up accidents: When drivers reverse their vehicles, they must always make sure it is clear and safe to do so. Drivers may not see pedestrians behind them, especially if they are in the vehicle's blind spot, particularly in parking lots and driveways.

Understanding Pedestrian Rights

Pedestrians in San Antonio have specific rights that are protected under Texas law. According to Texas law, drivers must yield to pedestrians in the following situations:

Drivers must yield to pedestrians crossing in marked or unmarked crosswalks at intersections.
Drivers must yield to pedestrians following the "walk" signal.
Drivers must ensure it is clear and safe to pull out of or into a driveway or parking spot.
Drivers cannot pass another vehicle that has stopped for a pedestrian crossing the street.

Pedestrians must not suddenly leave a curb and dart in front of oncoming traffic. According to Texas Transportation Code §552.005, a pedestrian must yield the right-of-way to a vehicle on a roadway if the pedestrian is crossing the road at a place other than a marked crosswalk or an intersection.

What to Do After a Pedestrian Accident

Knowing what to do after a pedestrian accident can make a significant difference in your recovery and your ability to obtain compensation. Here are the steps you should take:

Seek medical attention: After a pedestrian accident, it's crucial to seek immediate medical treatment. Common pedestrian injuries include head injuries, broken bones, internal injuries, traumatic brain injuries, and soft tissue injuries. It's crucial to follow your prescribed treatment plan and to document your injuries throughout your recovery.
Call the police: Call 911 and report the accident to the police. A police report can provide an official account of the incident and document important details, such as the time and place of the accident, any traffic violations, and contact information.
Gather information: Collect the driver’s name, contact information, insurance details, and vehicle information. Also, ensure you gather contact information from any witnesses.
Document the scene: Take photos of your injuries, the accident scene, the vehicles involved, broken glass, skid marks, and road conditions or signage.
Avoid making statements: Be cautious about what you say at the scene. Do not admit fault, apologize, or make statements that could be seen as an admission of guilt.
Keep records: Maintain detailed records of your medical treatment, expenses, lost wages, and any other costs related to the accident.
Consult a pedestrian accident attorney: Contact a pedestrian accident lawyer promptly. A personal injury attorney can guide you on the next steps, help preserve evidence, and protect your rights throughout the legal process.

Establishing Driver Negligence in Pedestrian Accident Claims

Texas is an at-fault state that follows a comparative negligence law. This statute states that if you are found to be more than 50% at fault for the accident, you may be unable to recover damages. Texas has a threshold of 51% for fault. Therefore, if you are 50% liable or less, you may pursue compensation for your injuries and losses.

A plaintiff must establish the following elements in a personal injury lawsuit to recover compensation.

Duty of Care

All drivers have a legal obligation to operate their vehicles in a safe manner and to obey traffic laws. Pedestrians also have a duty of care to follow road laws and to cross the street when it is safe and legal to do so. In a pedestrian accident case, the plaintiff must establish that the other party owed them a duty of care.

Breach of Duty

The plaintiff must show that the other party breached their duty of care. If one of the parties failed to provide a duty of care owed to the other party, they would be considered negligent. For example, if the driver was speeding, running a red light, failing to yield at a crosswalk, or driving under the influence when they hit the pedestrian, they would be liable.

Causation

It must be proven that the at-fault party's breach of the duty of care directly caused the accident and the resulting injuries.

Damages

The plaintiff must demonstrate that they suffered damages because of the accident. Damages can include physical injuries, lost income, medical bills, and physical therapy costs.

How a Pedestrian Accident Attorney Can Help Your Claim

While you're not required to hire an attorney, there are several reasons why you need a pedestrian accident lawyer to represent you when you've been involved in an accident.

Case evaluation: A pedestrian accident attorney will evaluate the specifics of your case and the extent of your injuries to determine the best legal strategy to recover fair compensation.
Investigating the accident: Personal injury attorneys have the resources to conduct thorough investigations. They can gather compelling evidence, interview witnesses, obtain police reports, and gather testimonies from accident reconstruction experts to strengthen your claim.
Handling paperwork: Personal injury claims involve legal paperwork and strict deadlines. An attorney will manage all documentation, ensuring everything is filed correctly and on time.
Negotiating with insurance companies: Insurance companies often try to minimize payouts. An experienced personal injury attorney will negotiate on your behalf and fight for a fair settlement that covers all your damages.
Litigation: If a fair settlement cannot be reached, a trial attorney can take your case to court. They will represent you in all legal proceedings and present evidence and arguments to support your claim.

Dealing with Insurance Companies

Insurance adjusters may contact you after the accident. Avoid admitting fault or discussing the details of the accident with the insurance company. It's advisable to consult an experienced personal injury attorney before speaking with the insurance companies.

Insurance companies are motivated by their bottom line and will try to minimize payouts. An experienced pedestrian accident lawyer can provide guidance and ensure that your rights and best interests are protected. Insurance companies may also try to pressure you to settle quickly. However, early settlement offers are often lower than what you deserve.

Our experienced pedestrian accident attorney will handle negotiations with the insurance companies on your behalf and fight for a fair settlement that fully compensates you for your injuries and losses.

Common Pedestrian Accident Injuries

Pedestrian accidents can result in serious injuries, including:

Fractures and broken bones
Head injuries
Back and neck injuries
Traumatic brain injuries (TBIs)
Soft tissue injuries
Spinal cord injuries
Lacerations and contusions
Internal injuries

Compensation for Pedestrian Accident Injuries

Under Texas law, pedestrian accident victims may be able to pursue compensation for physical, emotional, and financial damages. A San Antonio pedestrian accident lawyer can help you calculate your damages and pursue a claim against the at-fault party. Damages you may be able to pursue in a personal injury claim include:

Medical expenses: This includes all costs related to medical treatment, such as hospital bills, medication, surgery, physical therapy, and future medical care if ongoing treatment is necessary.
Lost wages: If you need to take time off to recover from your injuries, you can claim compensation for lost wages. This also includes future earning capacity if your injuries prevent you from returning to work or limit your ability to perform your job.
Pain and suffering: Pain and suffering damages include the physical pain and emotional distress caused by the accident. This type of compensation is more subjective and difficult to quantify. A personal injury attorney can help you calculate pain and suffering damages and pursue fair compensation.
Property damage: If any personal property, such as clothing, cell phones, or other personal items, was damaged in the accident, you may be able to recover compensation for repair or replacement costs.
Loss of consortium: This is compensation for the impact of the accident on your relationships, such as the loss of companionship, support, care, affection, and guidance from a loved one.

Statute of Limitations for Pedestrian Accident Claims in Texas

Typically, the statute of limitations for filing a pedestrian accident claim is two years from the date of the accident. Therefore, accident victims have a limited amount of time to take legal action against the at-fault party.

If you don't file a personal injury claim within this period, you may lose your right to recover fair compensation. Therefore, it's crucial to consult with a San Antonio personal injury attorney as soon as possible to ensure you file your claim within the statute of limitations.

Contact a San Antonio Pedestrian Accident Lawyer Today

If you or a loved one has been injured in a pedestrian accident, it's advisable to consult with an experienced personal injury attorney. At Alpha Accident Lawyers, we are dedicated to helping accident victims obtain justice and recover fair compensation for their losses. We proudly maintain a 99% success rate and have helped our clients recover millions of dollars in settlements and verdicts.

We represent clients across the entire state of Texas with other locations in:

Our San Antonio pedestrian accident attorneys will thoroughly investigate your case and build a strong claim against the negligent party. Schedule a free consultation today to discuss your case and learn more about your legal options.

Alpha Accident Lawyers — San Antonio, TX
Address: 118 Broadway Suite 534, San Antonio, TX 78205
Phone: (726) 610-3212