Pedestrian Accidents
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Pedestrian Accident Attorney In San Antonio, TX
In 2019, 661 pedestrians were killed in traffic-related incidents in Texas, according to the Texas Department of Transportation. Additionally, roughly 5,000 pedestrians were injured after being hit by a car. These recent numbers are staggering and simply unacceptable, especially when you consider a large majority of these car accidents are due to careless driving. If you’re walking on a sidewalk or attempting to cross the street, it’s natural to expect that other drivers on the road will respect your rights to do so. Unfortunately, this is not always the case.
At the Law Offices Of J. Robert Davis, we believe in providing our clients with the best possible representation on their behalf. Pedestrian accidents in Texas are frequently serious, especially if you’re walking on a busy San Antonio street. But you shouldn’t have to cover the costs yourself. If you were involved in a pedestrian accident, the driver who caused it should be held financially. Call the Law Offices of J. Robert Davis today for a free consultation with our San Antonio pedestrian accident attorney. We will thoroughly review your case with you and advise you of your legal options.
Both Drivers And Pedestrians Must Exercise Reasonable Care
A pedestrian’s legal test is a neutral one. This implies that a typical pedestrian behaves in a specific way in a specific circumstance. The pedestrian test applies to everyone, regardless of their mental capacity or insanity. For example, if a distracted pedestrian crosses the street without the right of way, and is struck by a car that had a green light, it would be very difficult to argue in the pedestrian’s favor.
As a driver, you must exercise a duty of care. You violate your duty of care if you drive distracted in any way, speed, don’t yield at a crosswalk, or are under the influence of drugs or alcohol. Especially when it comes to children aged 5 to 9 years old, drivers have an even higher responsibility due to a child’s unpredictable behavior. If you know, or should know, small children play in an area, you have a duty to exercise greater caution while driving.
Common Causes Of Pedestrian Accidents In San Antonio
Because of the tremendous force behind a motor vehicle that causes an accident, pedestrians frequently suffer serious, life-threatening injuries or worse. It is acknowledged that the greatest percentage of pedestrian accidents occur as a result of carelessness or inattention on the part of the driver. Distractions such as mobile phones, children in the car, other passengers, eating, drinking, and other diversions take drivers’ attention away from driving. Pedestrians are being struck and killed by motorists on a daily basis. Distractions are not an excuse, and they frequently result in serious injuries or wrongful death. Aside from distractions, some of the most common causes of pedestrian accidents include:
- Improper lane use
- Unmarked crosswalks
- Left-hand turns
- Quiet cars (Hybrids and battery-operated vehicles are 40 percent more likely to strike pedestrians)
- Dark clothing
- Alcohol or drugs
- Arterial roadways
There are a number of reasons pedestrians and automobiles collide. While some of the factors mentioned above may appear to be uncommon, they are responsible for significant, life-changing pedestrian injuries. As the population and popularity of San Antonio continue to grow, the chance of pedestrian accidents rises. High-speed roads with numerous lanes, as well as an increase in pedestrians walking and driving, will all contribute to additional pedestrian accidents in San Antonio in the future, which is a scary possibility for many individuals.
Pedestrians Have A Right To Pursue Damages
You may not be aware of your pedestrian rights. You’re entitled to things similar to those covered by a driver’s auto insurance policy even if you weren’t in a vehicle at the time of the accident. The total losses incurred as a result of a pedestrian accident are referred to as damages. You can seek economic and non-economic compensation, which are both tangible and intangible losses. Economic and non-economic damages are two kinds of compensation that you may be able to receive.
- Medical bills
- Lost wages
- Lost earning capacity
- Emotional trauma
- Pain and suffering
- Disfigurement or disability
- Diminished quality of life
- Loss of household services
When an insurance adjuster examines the facts of a pedestrian accident case to determine how much they’ll pay, the following factors are considered:
- How severe the injury is, such as a spinal injury or one that resulted in a disability
- Duration of medical treatment required
- Statements made by you, the driver, and eyewitnesses
- Strength of available medical evidence, such as doctor notes, ER documentation, and surgical reports
- Impact of the injury on your daily routine
- Proof of the driver’s negligence
- Total days you were unable to work
- Insurance coverage available
- Total expenses incurred from the accident
Frequently Asked Questions
When Is A Driver At Fault For A Pedestrian Accident?
When a car strikes a pedestrian, the driver may be held responsible for the accident if they:
- Fail to yield the right of way at a crosswalk
- Fail to pay attention, slow down, and yield to a pedestrian who is already in the lane crossing the road pedestrian accident lawyers where there is no crosswalk
- Fail to make space for a pedestrian walking along a roadway
- Turn into or across the path of a person walking along the sidewalk
- Act intentionally to harm a pedestrian by using the car to intimidate the person or throwing something from the vehicle at the pedestrian.
When Does A Pedestrian Have The Right-Of-Way?
At crosswalks, all states demand drivers yield to pedestrians. If a motorist is oncoming and the pedestrian is in a crosswalk, the driver of a car must yield if:
- No traffic control signal is in place or in operation, and
- The pedestrian is on the half of the roadway in which the vehicle is traveling; or
- Approaching so closely from the opposite half of the roadway as to be in danger.
Additionally, it is unlawful to pass a vehicle that has come to a complete stop at a pedestrian crosswalk. A misdemeanor violation of this section of the law resulting in an accident is negligence per se for tort liability for damages under criminal law. Hiring an experienced San Antonio pedestrian accident lawyer can help you understand these rules further.
Contact An Experienced San Antonio Pedestrian Accident Attorney Today
At the Law Offices Of J. Robert Davis, our San Antonio pedestrian accident attorney knows just how serious these kinds of incidents can be, and will do everything possible to hold the liable party responsible. We may assist you whether you were the victim of a pedestrian accident or lost a loved one as a result of another person’s negligence. Should it come to that, our knowledgeable personal injury legal team will investigate your case and work their magic in the courtroom for you. We don’t believe in settling for less than what you deserve, so you can rest assured knowing that we have your best interest in mind. Contact the Law Offices Of J. Robert Davis immediately for a risk-free consultation if you’ve been a victim of a pedestrian accident in San Antonio.