San Antonio Pedestrian Accident Attorney

Helping Pedestrian Accident Victims Get the Compensation They Deserve in Texas

In recent years, Texas has seen a sharp increase in the overall number of pedestrian accident fatalities. In fact, our state has consistently ranked among the top 10 most dangerous states for pedestrians in the U.S. According to the Texas Department of Transportation (DOT), a shocking 660 pedestrians lost their lives in traffic accidents in 2019, and approximately 5,300 more were injured.

These numbers demonstrate the serious risks pedestrians face every day. If you were injured or if someone you love was killed in a collision with a car, truck, motorcycle, or another motor vehicle, you deserve justice and fair financial compensation for your losses—and Maloney Law Group, P.L.L.C. can help. We encourage you to reach out to our San Antonio pedestrian accident lawyers today to learn more during an initial, no-obligation consultation.

Injured in a pedestrian accident? Call Maloney Law Group, P.L.L.C (210) 361-2997 or contact us online to get the compensation you deserve with our pedestrian accident attorney in San Antonio. 

How Do Pedestrian Accidents Happen?

While many factors can and do contribute to pedestrian accidents, the number one cause of these collisions is negligence. All too often, careless or reckless drivers fail to take proper precautionary measures when sharing roadways with people on foot—with disastrous consequences.

Some of the leading causes of pedestrian accidents include:

Another underlying cause includes the increasing use of smartphones, which leads to distracted walking, an emerging issue that complicates liability in these accidents. Poor urban planning, lack of pedestrian-friendly infrastructure, and inadequate lighting in many areas also contribute significantly to the frequency of pedestrian accidents.

Although motorists are responsible for yielding to pedestrians whenever possible, there are some circumstances in which pedestrians should yield to oncoming vehicles. Unfortunately, failure to yield and general pedestrian negligence contribute to many yearly pedestrian accidents.

However, drivers have a greater responsibility when it comes to avoiding accidents with people on foot. Because pedestrians are far more likely than motorists to sustain severe, life-altering injuries in a crash, vehicle drivers should take every possible precaution to avoid collisions.

Who Is Liable for a Pedestrian Accident?

As previously mentioned, motor vehicle operators are often liable for pedestrian accidents. However, some scenarios exist where a pedestrian may be considered partially or fully at fault for an accident.

In Texas, pedestrians must abide by the following laws:

• Use Sidewalks: When sidewalks are present, pedestrians must use them and avoid walking in or along roadways with adjacent sidewalks.
• Yield Right of Way: Pedestrians must yield the right of way to vehicles when crossing a roadway anywhere other than a marked or unmarked crosswalk at an intersection.
• Pedestrian Tunnels & Overpasses: Pedestrians must also yield to vehicles when attempting to cross a roadway with a pedestrian tunnel or overhead pedestrian crossing.
• Prohibited Crossings: Unless traffic control devices explicitly authorize it, crossing intersections at a diagonal angle is prohibited.

That being said, the law specifically provides that motorists must “exercise due care,” including using their vehicles’ horns and utilizing proper precautions around a child or confused, incapacitated, or intoxicated person.

Because of this issue of due care, motorists are often legally liable for pedestrian accidents. However, they may attempt to argue that a pedestrian “darted out” into a roadway, was unlawfully soliciting along a highway, or failed to use a provided crosswalk at an intersection to cross the street. At Maloney Law Group, P.L.L.C., we know how to fight against insurance company tactics to dispute, devalue, or deny your claim, and we are prepared to do everything possible to recover the full, fair compensation you are owed.

Furthermore, establishing liability can become more complex when multiple parties are involved. For instance, construction companies or municipal authorities may share some responsibility if a pedestrian accident occurs near a construction site or due to a faulty traffic light. This necessitates a detailed investigation to determine the true extent of each party's liability.

Common Pedestrian Injuries 

Sadly, pedestrians often suffer severe or even fatal injuries when they are struck by large, heavy motor vehicles.

Some of the most common pedestrian accident injuries include:

• Amputation
• Brain injuries
• Broken bones
• Internal bleeding
• Internal organ damage
• Lacerations and cuts
• Paralysis
• Soft tissue damage
• Spinal cord injuries

These and other catastrophic injuries have profound, long-lasting implications. Often, victims will need extensive emergency medical care, as well as ongoing treatment. They may be unable to work and earn a living for themselves or their families for weeks, months, or even years; in some cases, they may never be able to return to work.

At Maloney Law Group, P.L.L.C., we understand the massive physical, emotional, and financial impact of pedestrian accidents. Because of this, our attorneys are ready to fight for every penny you deserve. While this cannot undo the pain and suffering you have experienced, it can provide you with the financial resources and ability to get back on your feet and move forward with your life.

It's crucial to begin the recovery process immediately, as delaying medical treatment can exacerbate injuries, complicating recovery and legal proceedings. Comprehensive medical evaluations are vital in documenting the extent of injuries and serving as essential evidence in personal injury claims.

Steps to Take After a Pedestrian Accident 

In the aftermath of a pedestrian accident in San Antonio, immediate actions can significantly impact recovery and any subsequent legal proceedings. First and foremost, prioritize safety and seek emergency medical attention. Even if injuries initially seem minor, a thorough medical evaluation is crucial—some injuries, such as concussions or internal bleeding, may not be immediately apparent.

Collecting evidence at the scene is another critical step. Take photos of the accident location, involved vehicles, and any visible injuries, if possible. Gathering contact information from witnesses can also provide valuable evidence later. Following these steps can strengthen your position when pursuing compensation. At Maloney Law Group, P.L.L.C., our skilled San Antonio pedestrian accident lawyers assist with every step, ensuring no detail is overlooked in building your claim.

Unique Challenges for Pedestrian Accidents in San Antonio

San Antonio presents specific challenges and dangers for pedestrians. Its bustling streets and historic districts often lack sufficient crosswalks and pedestrian signals, increasing the likelihood of accidents. City statistics reveal that intersections like Broadway and I-35 are particularly high-risk pedestrian-traffic areas. The city's humid climate can also result in slippery road conditions, further endangering pedestrians.

Another significant concern is the rise in distracted driving, exacerbated by heavy tourist foot traffic in areas such as the Riverwalk. These factors create a higher pedestrian accident rate in San Antonio than in other Texas cities. At Maloney Law Group, P.L.L.C., our pedestrian accident attorneys understand these unique local dynamics and work tirelessly to address them in legal strategies.

FAQs About Pedestrian Accidents in San Antonio

What Should I Do Immediately After a Pedestrian Accident?

The initial steps after a pedestrian accident are crucial. Begin by calling emergency services, ensuring that both you and anyone else involved receive immediate medical attention. Dialogue with the responding officers to file an official police report that accurately reflects your recollection of the incident. This document can be invaluable later in a legal context. Additionally, if possible, gather personal details from all involved parties, including contact and insurance information, while waiting for law enforcement to arrive.

How Long Does It Take to Resolve a Pedestrian Accident Claim?

The timeline for resolving a pedestrian accident claim in San Antonio can vary widely. Factors such as the complexity of the claim, the willingness of insurance companies to negotiate in good faith, and court schedules can all impact the duration. While some claims may settle in a matter of months, others could take a year or more to reach resolution. Trust the experienced attorneys at Maloney Law Group, P.L.L.C. to guide you through the process efficiently, offering clarity at each step.

Can I Still Recover Damages if I Was Partially at Fault?

Yes, under Texas's modified comparative negligence rule, you can still recover damages even if you were partially at fault. However, your compensation may be reduced in proportion to your degree of fault. If you are found to be 50% or more responsible, you would be barred from recovering damages. It's vital to have skilled attorneys, like those at Maloney Law Group, P.L.L.C., to advocate for a fair assessment of liability and ensure you receive the compensation you're entitled to.

What Types of Compensation Can I Seek in a Pedestrian Accident Claim?

Compensation in pedestrian accident claims typically includes medical expenses, lost wages, pain and suffering, and possibly punitive damages if gross negligence is proven. Medical expenses may cover hospital stays, surgeries, rehab, and any long-term care requirements. Lost wages reflect any income you could not earn due to the accident, while pain and suffering address the physical and emotional distress endured.

Why Is Legal Representation Important for My Pedestrian Accident Claim in San Antonio?

Legal representation is crucial due to the complex nature of pedestrian accident claims. Attorneys experienced in handling such matters can navigate the legal nuances, negotiate with insurance companies on your behalf, and ensure that your rights are protected throughout the process. By choosing Maloney Law Group, P.L.L.C., you're selecting a team committed to securing the most favorable outcome, allowing you to focus on recovery while we handle the legal complexities.

What is the Statute of Limitations For Pedestrian Accident Claims in Texas?

How Do I Know if I Have a Valid Pedestrian Accident Claim?

• The driver or liable party owed you a duty of care (for example, obeying traffic signals and yielding to pedestrians).
• That duty was breached through careless or reckless behavior, such as speeding, distracted driving, or failure to yield.
• The breach directly caused your injuries.
• You suffered damages as a result, like medical fees, lost expenses, pain and suffering, or long-term disability.