The moments following a pedestrian accident in San Antonio can be overwhelming, and any uncertainty about what to do next may impact your health and your future compensation. Making the wrong choices—no matter how small—can become costly. At Maloney Law Group, P.L.L.C., we have guided individuals and families across San Antonio through these stressful times. Drawing on years of real experience in personal injury law, we want you to avoid the most common pedestrian accident mistakes and empower yourself with the right information and resources. Here, we address vital questions, share best practices, and provide specific steps to help you protect your rights in the wake of a pedestrian accident.
What Immediate Steps Should You Take After a Pedestrian Accident?
Taking the right actions immediately after a pedestrian accident in San Antonio lays the foundation for your physical recovery and legal case. First, if you can safely move, get to a secure spot away from traffic. Even if your injuries seem minor, prioritize your safety to prevent further harm. Do not attempt to walk it off or downplay your pain—hidden injuries may only become apparent hours or days later.
It is critical to call 911 as soon as possible. This ensures prompt medical attention and also creates a formal incident record through a police report, which is essential for insurance and potential legal claims. Stay at the scene until law enforcement arrives and gives you the all-clear to leave. When officers arrive, provide factual, objective answers and request a copy or reference number for the police report.
If you are able, document the scene with your phone or camera. Photograph your injuries, the location of the accident, street signs, crosswalks, traffic lights, road conditions, vehicle damage, and any visible hazards. Gather names and contact details of witnesses. Avoid discussions of fault or blame; simply focus on obtaining clear, accurate information. The goal is to preserve all details while your memory and the scene are fresh.
How Does Delaying Medical Treatment Impact Your Pedestrian Accident Claim?
One of the most frequent pedestrian accident mistakes is failing to seek immediate medical attention. Adrenaline often masks symptoms, leading people to skip emergency care—even though hidden injuries such as concussions, internal bleeding, or soft-tissue damage can surface later. In San Antonio, insurance companies will scrutinize gaps in treatment and may argue that your injuries are unrelated or less severe if you delay seeing a doctor.
Getting a prompt evaluation by a healthcare provider does more than help your recovery; it also generates time-stamped medical records linking your injuries directly to the accident. This documentation is essential in proving that the accident caused your injuries, especially if symptoms worsen over time. Make sure all physical, emotional, and cognitive symptoms are described in detail so nothing is overlooked.
It's equally important to follow up with all prescribed treatments and specialist referrals. Maintaining detailed records of each visit, treatment, and prescription provides strong evidence when insurance companies review your claim or when your case proceeds to court. Neglecting treatment plans or missing follow-up appointments may reduce the compensation you could receive for current and future medical issues.
Why Is Evidence Collection at the Accident Scene Essential?
Thorough evidence collection is critical to establishing what happened and proving liability in a San Antonio pedestrian accident. Law enforcement documentation is key, but their reports may miss details that are highly relevant to your claim. Taking your own photos allows you to capture factors like malfunctioning signals, faded crosswalks, or hidden hazards that may not be included in the police record.
Gathering physical and digital evidence helps prevent critical facts from being disputed later. Useful evidence may include:
- Photos of the location, vehicles, skid marks, and injuries
- Surveillance camera locations on nearby businesses or residences
- Names and phone numbers of witnesses
- Written notes or voice memos describing your immediate perspective
Be thorough in your documentation. Capture multiple angles and include time-specific elements such as weather or traffic congestion. All of these factors can play a crucial role when you are pursuing an insurance claim or litigation.
If you are unsure what to record, focus on anything that might clarify how the accident occurred or show dangerous road conditions. Do not rely solely on others—often, key facts are missed when victims assume that police or witnesses captured every detail. Preservation of timely and comprehensive evidence has been pivotal for many cases at Maloney Law Group, P.L.L.C..
What Are the Consequences of Not Reporting the Accident to Authorities in San Antonio?
Failing to report a pedestrian accident to local San Antonio authorities can seriously undermine your claim. Texas law mandates that accidents involving injury or significant property damage must be reported to the police. This isn't just procedural; police reports serve as critical legal documents for insurance companies and courts. If you forgo making a report, the driver may even deny that the incident occurred, leaving you without key evidence to back your side.
Some drivers may offer cash or try to avoid official paperwork, but any private agreement comes with substantial risks. Without a police report, insurance companies often refuse to honor or fully evaluate your claim. Formal reporting is the only way to secure a reliable, impartial account of the incident.
San Antonio Police Department reports are accessible for use in legal matters, settlements, and negotiations. If you missed making a statement at the scene, act quickly by filing a report at the nearest station or online. Every day that passes can make evidence harder to obtain and weaken your legal standing.
How Can Admitting Fault or Apologizing Affect Your Legal Rights in Texas?
In the confusion and stress after being struck, it's common for pedestrians to apologize—sometimes out of politeness rather than any admission of fault. However, in Texas pedestrian accident cases, these words can later be seized on by insurance adjusters or defense attorneys to argue you were at fault or partially responsible. Even an innocent "I'm sorry" at the scene can create challenges.
Limit conversations at the scene to exchanging essential information like names, addresses, and insurance coverage. When the police arrive, stick to clear, factual statements based solely on what you directly experienced. Refrain from discussing how the accident happened, why it happened, or whether you believe you were at fault.
If you speak with an insurance representative later, remember you are not obligated to provide a recorded statement immediately. Anything you say, even informally, can be used to reduce or deny compensation. When in doubt, consult with your legal team before providing details. Ensuring you have guidance from the start has protected many claimants at Maloney Law Group, P.L.L.C. from costly statements.
What Mistakes Do Pedestrian Accident Victims Make When Dealing with Insurance Companies?
Dealing with insurance adjusters after a pedestrian accident in San Antonio can be daunting, especially when they reach out within hours of the incident. Adjusters may sound empathetic, but are trained to minimize payouts whenever possible. One of the most damaging mistakes is providing a recorded statement to the insurance company before seeking legal advice. Insurance representatives are skilled at asking questions that may lead you to unintentionally downplay your injuries or introduce inconsistencies.
Another common pedestrian accident mistake is accepting a quick settlement. Early offers from insurance companies often fail to account for long-term needs—including physical therapy, lost income, or future medical expenses. Many injured pedestrians are eager for a fast resolution and don’t realize that accepting an initial offer usually means waiving the right to later compensation.
Always review any paperwork thoroughly before you sign. Contract language and settlement releases may contain terms that end your legal rights or limit your future options. Consulting your San Antonio legal team at Maloney Law Group, P.L.L.C. before finalizing anything ensures that settlement proposals are in your best interests and all your damages are properly considered.
When Should You Contact a Personal Injury Attorney After a Pedestrian Accident?
Many victims wait to speak to a personal injury attorney—hoping their injuries will resolve or assuming insurance companies will treat them fairly. This is one of the most significant pedestrian accident mistakes. Early legal support helps secure and preserve time-sensitive evidence, guides communications, and prevents administrative errors that can hurt your case later.
Contacting legal counsel is especially crucial if:
- Is there any question of who was at fault
- Your injuries last longer than a few days or worsen with time
- Insurance adjusters push for statements, paperwork, or quick settlements
- You’re facing challenges with medical bills, lost wages, or ongoing care
Getting advice early gives your legal team the chance to gather needed information, interact with insurance adjusters on your behalf, and help you make informed decisions.
At Maloney Law Group, P.L.L.C., we have deep connections with San Antonio’s medical, insurance, and legal communities. Early partnership allows us to start an investigation immediately, coordinate care, and support you at every stage, from negotiations through possible litigation.
Can Social Media Use Harm Your Pedestrian Accident Claim?
Posting online after a pedestrian accident may feel therapeutic, but these posts frequently end up under scrutiny. Insurance adjusters and defense attorneys routinely review social media activity for anything that can be used to dispute the nature or seriousness of injuries, or to challenge your version of events. Even a seemingly harmless update or photo can be misconstrued.
Consider these examples: sharing a photo taken at a family event soon after an accident may be interpreted as proof that injuries are minimal. Commenting on who was at fault or discussing injury details online could provide ammunition for opponents to dispute your claim. Contrary statements made in comments or messages can be particularly damaging once a case moves forward.
To minimize risks, restrict your social media privacy settings and avoid posting about the incident, your health, or recovery progress. Advise friends and family not to tag you or post about your accident situation. Treat anything you or loved ones post online as potentially public—a small precaution that can pay dividends if your claim is challenged.
Contact Us Today
Your rights after a pedestrian accident in Texas are best protected when you act quickly, keep thorough records, and seek support from a knowledgeable legal team. If you’re facing confusion or need help with your claim, our team at Maloney Law Group, P.L.L.C. is ready to answer your questions and secure clarity on your next steps. Connect with us at (210) 361-2997 for a careful review of your situation and learn how we can support you at every stage of your recovery journey.
Contact us today to get started with our team.