Even when they follow all the relevant traffic rules and watch out for nearby vehicles, pedestrians are still at risk of suffering serious injuries in preventable accidents. When a car or truck hits someone crossing the road or walking on a sidewalk, pursuing civil compensation can be crucial to making up for the injured pedestrian’s short-term financial losses and maximizing their quality of life for years to come.
Support from a knowledgeable San Antonio pedestrian accident lawyer can be vital to achieving a favorable result after a severe collision. From initial settlement negotiations to a trial in civil court, your dedicated injury attorney could be a dependable ally throughout any stage of your legal proceedings.
COMMON INJURIES AND LOSSES IN PEDESTRIAN CRASHES
Pedestrians are particularly vulnerable to suffering serious and even fatal injuries in auto accidents due to the relative lack of protection they have from external impacts. Common injuries seen in pedestrian crashes range from relatively short-term injuries like lacerations, muscle tears, and bone fractures to life-altering brain trauma, spine damage, and internal organ damage.
If an injured pedestrian can prove that negligence by the driver who hit them was the primary cause of the accident, they could potentially hold that driver liable for the full repercussions of their injuries. Common examples of compensation in pedestrian crash cases include repayment for:
- All medical expenses, including costs of long-term rehabilitative care and pain management
- Reduced ability to work and/or lost short-term income
- Lost or damaged personal property
- Physical pain and emotional suffering
- Emotional distress and psychological trauma
- Lost consortium and/or enjoyment of life
An experienced pedestrian accident attorney in San Antonio could go into more detail about what damages may be available to a particular person through a successful lawsuit or settlement demand.
POTENTIAL OBSTACLES TO COMPENSATION AFTER A PEDESTRIAN ACCIDENT
It is key to understand that even though pedestrians are at far greater risk of getting injured in traffic accidents than anyone inside a vehicle, people on foot can still be found partially or even primarily at fault for causing the accident through their own negligence. To be more specific, state law allows a court to reduce the total compensation available to an injured pedestrian by whatever share of total fault that plaintiff holds for their own damages. Plaintiffs who are largely responsible for the pedestrian accident might collect significantly less compensation than they expect.
Furthermore, Texas Civil Practice & Remedies Code §16.003 sets a two-year deadline for filing any kind of civil lawsuit over a pedestrian accident, with the filing period generally beginning on the date the injuries occurred. Building a strong and comprehensive claim within this narrow window can be a challenge, so working with a pedestrian accident attorney in San Antonio is key.
TAKE YOUR CASE TO A SAN ANTONIO PEDESTRIAN ACCIDENT ATTORNEY
Holding someone else responsible for hitting you with their car while you were walking near or across a roadway can be much more nuanced and demanding than you might expect. Even if you have extensive evidence showing another person was at fault for your injuries, getting a positive result from your settlement demand or lawsuit can require substantial legal experience.
Thankfully, a San Antonio pedestrian accident lawyer could provide the knowledge you need and work diligently to achieve the best possible case result on your behalf. Call today to schedule your initial consultation with our legal team.
