Pedestrian Accident Lawyer San Antonio

Pedestrians have no protection when a vehicle strikes them, and the injuries can be severe. If you were hit by a driver while walking in San Antonio or elsewhere in Texas, you may be entitled to seek compensation for medical expenses, lost wages, and other losses. The Daspit Law Firm can review your accident, deal with insurers on your behalf, and explain your options.

Why Pedestrian Accident Claims Can Be Hard

A driver's auto insurance is meant to protect not only the driver but everyone else on the road, including pedestrians. If you were injured as a pedestrian, the at-fault driver's insurance is meant to cover the cost of your care. In practice, insurance companies can be difficult to deal with, and what should be a straightforward claim can turn into a long and complicated process. In a situation like this, you can count on The Daspit Law Firm to be on your side.

Your Rights and Responsibilities as a Pedestrian

When a Driver May Be Liable

Texas law requires drivers to carry auto insurance to cover damages or injuries they may cause. If a driver injures a pedestrian, the driver can be held liable if it can be proven that their negligence caused the accident. To prove negligence, the injured person must show that the driver failed to use reasonable care, for example by:

•         Driving while distracted

•         Driving at unsafe speeds

•         Failing to yield to pedestrians at crosswalks

•         Failing to use a turn signal when turning

•         Disobeying traffic lights or signs

•         Disregarding traffic or weather conditions

•         Driving under the influence of alcohol or drugs

A Pedestrian's Duty of Care

Pedestrians also have a duty to use care for their own safety. Insurers may try to argue that a pedestrian was at fault if the person:

•         Darted in front of vehicles

•         Entered and disrupted the flow of traffic

•         Crossed outside a marked crosswalk

•         Ignored the walk signal at an intersection

How Shared Fault Works in Texas

Texas uses a modified comparative fault rule. If a jury finds you more than 50 percent responsible for the accident, you may be barred from recovering damages. If you are 50 percent or less at fault, your damages are generally reduced by your percentage of fault. Because insurers may try to shift blame onto the pedestrian, having a lawyer protect your side of the story matters.

Compensation for Injured Pedestrians

Depending on the facts, an injured pedestrian may be able to pursue:

•         Past and future medical expenses

•         Lost wages and reduced earning capacity

•         Physical pain and mental anguish

•         Other losses caused by the crash

If a pedestrian dies, family members may have options under Texas wrongful death law. Serious pedestrian crashes may also lead to catastrophic injuries. No result can be guaranteed.

What to Do After a Pedestrian Accident

•         Call the police and stay at the scene until help arrives.

•         Get medical attention, even if you feel fine.

•         Gather names and contact information for witnesses.

•         Take photos of the scene, vehicles, and your injuries.

•         Be careful about statements to drivers and insurers, and talk to a lawyer before giving recorded statements.

•         Keep medical records, bills, and proof of lost income.

Hit-and-Run Accidents

If the driver left the scene, your lawyer may help track down the driver through witnesses, or help you file a claim under your own uninsured motorist (UM) coverage. Learn more about recovery from insurance.

Texas Time Limits

Texas generally gives injured people two years to file a personal injury lawsuit under Texas Civil Practice and Remedies Code section 16.003. Exceptions and other deadlines can apply, so contact a lawyer as soon as possible.

Free Consultation With a San Antonio Pedestrian Accident Lawyer

Seeking compensation after an accident can be a challenge. To make sure every avenue is explored in your case, contact The Daspit Law Firm as soon as possible. You pay no attorney fees unless we win your case, so you have nothing to lose by asking. Call toll-free at (888) 217-8432 to schedule your no-cost consultation. We take your fight as far as it needs to go.

Frequently Asked Questions

Can I recover compensation if I was partly at fault?

Possibly. In Texas, you may still recover if you are 50 percent or less at fault, though your damages are reduced by your percentage. If you are found more than 50 percent responsible, you may be barred. A lawyer can review the facts and evidence in your case.

What if the driver who hit me had no insurance?

You may be able to file a claim under your own uninsured motorist (UM) coverage, if you have it. Your policy terms matter, so keep a copy of your policy and any claim correspondence. We can review your coverage and discuss other avenues of recovery.

Should I give a statement to the other driver's insurance company?

Be careful. Insurers may use your words to shift blame onto you. You can share basic facts such as your name and contact information, but speak with a lawyer before giving a recorded statement or signing anything.

How long do I have to file a pedestrian accident claim in Texas?

Most Texas personal injury lawsuits must be filed within two years of the injury, with limited exceptions. Do not wait. Evidence such as video, witness memory, and vehicle data can be lost over time, which can weaken a claim.

How much does it cost to hire Daspit Law Firm?

You pay no attorney fees unless we win your case. Your first consultation is free. During that consultation we can explain how case expenses are handled so you know what to expect before you decide.