SAN ANTONIO PEDESTRIAN ACCIDENT LAWYERS
The ability to walk is one of the simplest pleasures life has to offer. As pedestrians in San Antonio, we all enjoy being able to take a simple stroll, whether it be in one of our highly rated suburban neighborhoods, or our eclectic downtown. But unfortunately, accidents can sometimes occur when we least expect it.
Houston Car Accident Lawyer
FREE CASE EVALUATION
Common Causes of Pedestrian Accidents in Houston and San Antonio
There are several common causes of pedestrian accidents in Houston and San Antonio. These include:
- Distracted driving: Drivers who are texting, talking on the phone, or engaging in other distractions may not see pedestrians crossing the road.
- Speeding: When drivers exceed the speed limit, they have less time to react to pedestrians and are more likely to cause serious injuries or fatalities.
- Failure to yield: Drivers who fail to yield the right-of-way to pedestrians at crosswalks or intersections can cause accidents.
- Drunk driving: Intoxicated drivers have impaired judgment and slower reaction times, increasing the risk of hitting pedestrians.
- Poor visibility: Low lighting conditions, bad weather, or obstructed views can make it difficult for drivers to see pedestrians.
In Houston, factors such as heavy traffic congestion, large population density, and urban development contribute to a higher number of pedestrian accidents. The city’s extensive road network and complex intersections also pose challenges for both drivers and pedestrians. Additionally, Houston’s warm climate encourages people to walk or bike more frequently, increasing the likelihood of pedestrian accidents.
In San Antonio, similar factors contribute to pedestrian accidents. The city’s rapid growth has led to increased traffic volume and congestion. Additionally, San Antonio has a high number of tourist attractions and events that attract large crowds of pedestrians. This combination of factors increases the risk of pedestrian accidents in the city.
How Pedestrians Can Protect Themselves from Accidents
Pedestrians can take certain precautions to protect themselves from accidents:
- Use designated crosswalks and obey traffic signals.
- Make eye contact with drivers before crossing the road to ensure they see you.
- Avoid distractions such as using phones or wearing headphones while walking.
- Wear bright or reflective clothing, especially at night, to increase visibility.
- Walk on sidewalks whenever possible. If there are no sidewalks, walk facing traffic.
Crossing the Road Safely
When crossing the road, pedestrians should follow these guidelines:
- Look left, right, and left again before stepping off the curb to ensure no cars are approaching.
- Continue looking for oncoming traffic as you cross and be prepared to stop if necessary.
- Avoid darting out into traffic or assuming that drivers will stop for you.
- If a car is turning at an intersection, make sure it sees you before proceeding.
Legal Rights of Injured Pedestrians
Injured pedestrians have legal rights to seek compensation for their injuries. These rights include:
Pedestrians can file negligence claims against drivers who fail to exercise reasonable care and cause accidents. To succeed in a negligence claim, injured pedestrians must prove that the driver owed them a duty of care, breached that duty through negligent actions or omissions, and caused their injuries as a result of this breach.
Premises Liability Claims
If a pedestrian accident occurs on someone else’s property due to hazardous conditions (such as poorly maintained sidewalks), injured pedestrians may have premises liability claims against the property owner or manager. These claims hold the property owner responsible for injuries caused by their negligence in maintaining safe premises.
Product Liability Claims
In some cases, pedestrian accidents may be caused by defective products, such as faulty brakes or tires on a vehicle. Injured pedestrians can pursue product liability claims against manufacturers or distributors of these defective products.
Steps to Protect a Pedestrian Accident Claim
Gather Evidence at the Scene
After a pedestrian accident, it is crucial to gather as much evidence as possible at the scene. This includes taking photos of the accident location, any visible injuries, and any damage to vehicles or property. Additionally, obtaining contact information from witnesses can greatly strengthen your claim.
Seek Medical Attention
Even if you don’t feel immediate pain or injuries after a pedestrian accident, it’s important to seek medical attention as soon as possible. Some injuries may not be immediately apparent but could worsen over time. Getting a medical evaluation will document your injuries and link them directly to the accident.
How Lawyers Gather Evidence and Investigate Pedestrian Accidents
Lawyers play a crucial role in gathering evidence and investigating pedestrian accidents. They often work with accident reconstruction experts who can analyze the scene, review police reports, and interview witnesses to determine how the accident occurred. Additionally, lawyers will gather medical records, surveillance footage, and any other relevant evidence that can support your claim.
Laws and Regulations for Driver Responsibility in Pedestrian Safety
There are specific laws and regulations in place that outline driver responsibilities when it comes to pedestrian safety. These laws vary by jurisdiction but generally require drivers to exercise reasonable care while operating their vehicles near pedestrians. This includes yielding to pedestrians in crosswalks, obeying traffic signals, and maintaining safe speeds in areas with high foot traffic.
In some jurisdictions, there may also be additional laws regarding distracted driving or impaired driving that further emphasize driver responsibility for pedestrian safety.
Pedestrian Fault and its Impact on Compensation Claims
The concept of pedestrian fault refers to situations where the pedestrian’s actions or negligence contributed to the accident. In some cases, if a pedestrian is found partially at fault for the accident, it can impact their ability to seek full compensation for their injuries. The degree of fault assigned to the pedestrian will vary depending on the jurisdiction.
For example, in states that follow a comparative negligence system, if a pedestrian is found 25% at fault for an accident, their compensation may be reduced by 25%. However, in states that follow a contributory negligence system, if a pedestrian is even slightly at fault, they may be completely barred from recovering any compensation.
Types of Compensation for Injured Pedestrians
Injured pedestrians may be entitled to various types of compensation depending on the circumstances of their case. These can include:
- Medical expenses: This includes costs related to hospital stays, surgeries, medications, rehabilitation, and ongoing medical care.
- Lost wages: If the pedestrian is unable to work due to their injuries, they may be eligible for compensation for lost wages during their recovery period.
- Pain and suffering: Compensation may be awarded for physical pain and emotional distress caused by the accident and resulting injuries.
- Disability or disfigurement: If the pedestrian suffers long-term disabilities or permanent disfigurement as a result of the accident, they may receive additional compensation.
Time Limits for Filing a Personal Injury Claim as a Pedestrian
It’s important to be aware of the time limits or statutes of limitations for filing a personal injury claim as a pedestrian. These time limits vary by jurisdiction and typically range from one to three years from the date of the accident. Failing to file within this timeframe can result in losing your right to seek compensation for your injuries.
It is advisable to consult with a personal injury lawyer as soon as possible after a pedestrian accident to ensure that you meet all necessary deadlines and protect your rights.
Pursuing Compensation for Emotional Distress after a Pedestrian Accident
In addition to physical injuries, pedestrians who have been involved in accidents may also suffer from emotional distress. Emotional distress can include symptoms such as anxiety, depression, post-traumatic stress disorder (PTSD), and sleep disturbances. In some cases, compensation may be available for these emotional damages.
To pursue compensation for emotional distress, it is important to document the impact it has had on your daily life and seek professional help if necessary. A personal injury lawyer can guide you through the process of including emotional distress in your claim and provide evidence to support your case.
Limitations on Compensation in Pedestrian Accident Cases
While injured pedestrians may be entitled to compensation, there are certain limitations that may apply. These limitations can vary depending on the jurisdiction or specific circumstances of the case.
For example, some states have implemented “”no-fault”” insurance systems where injured pedestrians must first seek compensation from their own insurance company regardless of fault. Additionally, there may be caps or limits on certain types of damages such as pain and suffering or punitive damages.
Filing Wrongful Death Claims for Fatal Pedestrian Accidents
In tragic cases where a pedestrian dies as a result of an accident, their surviving family members may be able to file a wrongful death claim. Wrongful death claims seek compensation for the losses suffered by the deceased person’s loved ones due to their untimely death.
The specific requirements and procedures for filing a wrongful death claim vary by jurisdiction. Generally, eligible family members such as spouses, children, or parents can pursue compensation for funeral expenses, loss of financial support, loss of companionship, and other related damages.
The Role of Insurance Coverage in Compensating Injured Pedestrians
Insurance coverage plays a significant role in compensating injured pedestrians. Most drivers are required to carry auto insurance that includes liability coverage. This coverage is meant to compensate victims of accidents caused by the insured driver’s negligence, including pedestrians.
If you are injured as a pedestrian due to a driver’s negligence, you may be able to file a claim against the driver’s insurance policy. However, it’s important to note that insurance companies will often try to minimize their payouts or deny claims altogether. Having an experienced personal injury lawyer on your side can help ensure that you receive fair compensation from the insurance company.
Advantages of Settling a Pedestrian Accident Case without Court
Settling a pedestrian accident case without going to court can have several advantages for both parties involved:
- Efficiency: Settling outside of court can save both time and money compared to going through a lengthy trial process.
- Predictability: With a settlement, both parties have more control over the outcome and can negotiate terms that are mutually agreeable.
- Privacy: Settlement negotiations are typically confidential, whereas court proceedings are public record.
- Reduced stress: Avoiding the adversarial nature of litigation can help reduce emotional stress for all parties involved.
A skilled personal injury lawyer can negotiate on your behalf during settlement discussions and ensure that your rights and interests are protected throughout the process.In conclusion, pedestrian accidents continue to pose a significant threat to the safety and well-being of individuals on foot. It is crucial for both pedestrians and drivers to exercise caution and adhere to traffic rules in order to prevent these accidents and ensure the protection of all road users.” Serving the greater Houston and San Antonio areas, Pusch & Nguyen have what it takes to lead your case. With years of experience helping Texans receive millions of dollars in settlements and recovery, we can help you understand your San Antonio pedestrian accident case in greater detail. We will also put together a strong case that represents you will, and if we don’t win, you don’t pay. For more information on how we can help, contact us today at 210-702-3000 to schedule an appointment with a member of our team.
WHY Pusch & Nguyen Law Firm
Our aggressive legal team work together seamlessly for the benefit of our clients. Whether your goal is to settle your case as quickly as possible or fight for maximum compensation, even if that means a court date, we can help make the process as easy and painless as possible.
they truly made me feel like they cared
Their team answered all my questions quickly
Our clients praise us for keeping them updated about their cases, communicating openly and honestly, and getting results. With Pusch and Nguyen in your corner, you’ll feel confident and assured in the face of serious injuries and hefty medical bills.