San Antonio Pedestrian Accident Attorney

pedestrian accident attorney

We have all heard about how dangerous and deadly it is for cars to hit other cars. Car accidents are a daily occurrence in our city, state, and country. But many of us don’t hear about how deadly it is for a car to hit pedestrians on the street. Pedestrians are certainly the most vulnerable people on any street. They don’t have airbags and a wall of metal to protect them if a car hits them. So tragically, many pedestrian accidents result in catastrophic injuries, lifetime disabilities, or death. Most of the time, negligent drivers are the responsible parties for pedestrian accidents. Every single pedestrian accident attorney at Janicek Law is passionate about securing maximum compensation for injured pedestrians and the loved ones they leave behind.

If you or someone you love suffered major injuries, unmanageable medical expenses, or wrongful death from a pedestrian accident, our team of pedestrian accident attorneys want to fight for your justice. Call us today at 210-366-4949 for a free consultation.

What is a Pedestrian Accident?

A pedestrian accident happens when a motor vehicle hits a pedestrian while they’re walking on the street. Unfortunately, pedestrian accidents can result in catastrophic injuries such as traumatic brain injuries, spinal cord injuries, and so much more.

How Many Pedestrian Accidents Happen in the U.S. Every Year?

According to the CDC, approximately 104,000 pedestrians suffered serious injuries after getting hit by a motor vehicle in 2020. Meanwhile, more than 7,000 pedestrians died from getting hit by motor vehicles in 2020. The CDC estimates that deaths from pedestrian accidents occur once every 75 minutes.

Where Do Most Pedestrian Accidents Happen?

The CDC claims that most pedestrian accidents happen in urban areas where there aren’t a lot of intersections because that’s where speeding is most likely to happen. Additionally, pedestrian crashes are more likely to happen at night because it’s harder to see people walking along the street in the dark.

Common Causes of Pedestrian Accidents

Most pedestrian accidents occur due to negligent drivers. The most common causes of pedestrian accident cases are:

  • Distracted Driving: Texting, talking on the phone, jamming to loud music, eating, reaching over in the passenger or back seats, and messing with a GPS are all common examples of distracted driving that have deadly consequences. 
  • Driving While Intoxicated: In 2019, 46% of pedestrian fatalities were caused by an intoxicated driver according to the CDC. Not only is drunk driving deadly in car accidents, but it’s also deadly for pedestrians.
  • Speeding: Not only does speeding increase the likelihood of hitting a pedestrian, but it also increases the likelihood of serious injury and wrongful death in a pedestrian accident. 
  • Failure to Yield: Negligent drivers who violate traffic signs at a marked crosswalk can easily hit pedestrians. Yielding when you’re supposed to can save a life.

Could the Pedestrian Be At Fault for an Accident?

While the driver’s negligent actions are the most common cause of pedestrian injuries and deaths, a pedestrian’s negligent actions can cause an accident as well. 

For example, an intoxicated pedestrian can cause an accident. In fact, the CDC claims that in the majority (32%) of pedestrian accidents involving alcohol, the pedestrian had a BAC above the legal level, not the driver. 

Additionally, pedestrians frequently violate traffic signals at crosswalks. When pedestrians walk across an intersection when they’re not supposed to, they are certainly risking their lives.

Basically, both drivers and pedestrians owe each other a specific duty of care when sharing the roads. If the pedestrian fails to exercise reasonable care on the roads – by jaywalking, for example – they could certainly be held liable for their own injuries and medical expenses as well as any property damage they cause for the driver. The same goes for a negligent driver.

pedestrian accident lawyer

When Do Pedestrians Have the Right of Way in Texas?

According to Texas law, pedestrians have the right of way when their traffic signal at an intersection is green or says “walk.” When a pedestrian’s traffic signals allow them to walk across a crosswalk, all drivers must yield. 

Pedestrians don’t have the right of way when their traffic signal is red or yellow or says “don’t walk” or “wait.” If pedestrians ignore these traffic signs and walk across a crosswalk, they are jaywalking. 

Common Injuries That Pedestrian Accident Victims Suffer From

A pedestrian can suffer catastrophic injuries in a car accident. The most common injuries we see in a pedestrian accident case are:

If you or someone you love has suffered a catastrophic injury from a pedestrian accident, you may have grounds to file a pedestrian accident claim. The pedestrian accident attorneys at Janicek Law will thoroughly investigate your claim and help you recover adequate compensation for your personal injury.

How to Stay Safe as a Pedestrian

It’s crucial for all pedestrians to exercise reasonable care on the roads in order to save their own lives. The following tips can protect pedestrians from traffic accidents and major injuries.

  • First and foremost: follow the rules. Don’t jaywalk and make sure to only cross the street at a marked crosswalk.
  • Make sure to walk as far away from the road and from moving cars as possible. In other words, always walk on the sidewalk and not on the actual road. If there’s no sidewalk available, walk along a road’s shoulder while facing the traffic.
  • Avoid walking at night if you can. If you must walk at night, try to make yourself as visible as possible. Wear reflective gear or carry a flashlight with you.
  • Don’t use earbuds or headphones while walking along the street because this can prevent you from hearing noises from oncoming traffic. Additionally, listening to music or videos while walking down the street is a huge distraction.
  • Avoid walking down the street if you’ve just had a couple of drinks or used drugs. Any kind of intoxication can impair your coordination and judgment, especially while walking alongside moving cars. If you can, call an Uber or a friend to give you a ride home.

What To Do After a Pedestrian Accident

If you have injured a pedestrian in a motor vehicle accident, if you just watched a pedestrian accident happen, or if you’re the pedestrian injured, you must take action immediately.

Call 911

The first thing you should do in any car accident is call 911. When you call 911, both paramedics and police will arrive at the scene. The paramedics will provide medical care to injured victims while the police will document the accident and also direct other vehicles away from the scene. 

Gather Evidence

Whether you’re the at-fault driver or the injured pedestrian, do what you can to document the accident. You may need this documentation to defend yourself later.

Take pictures of your injuries, your car damage, the accident scene, and any other relevant information. If one or more people saw the car accident happen, write down their name and number just in case you need to use them as a witness. You can also call your local police a couple of days after your accident and ask for their police report.

Keep Quiet

While on the scene, say as little as possible to authorities, injury victims, and other vehicles involved because you don’t want to incriminate yourself even if you haven’t done anything wrong. Keeping quiet can be difficult after any kind of accident because the adrenaline is surging. Adrenaline is a life-saving hormone, but it can also make you say and do things without thinking. Do your best to keep your composure in order to prevent further trouble.

Notify Your Insurance Company of the Accident

It’s important to notify your insurance company about the accident, whether you’re the driver or the pedestrian. Most insurance companies require people to notify them within 24 hours of an accident. 

Additionally, most car insurance policies will cover the pedestrian’s damages if they are hit by the insured car unless the pedestrian has their own insurance. This is called bodily injury liability coverage, and it can cover damages like medical bills, lost income, property damage, and more.

Call an Experienced Pedestrian Accident Lawyer at Janicek Law

Lastly, it’s crucial for all drivers and pedestrians involved in an accident to call a San Antonio pedestrian accident lawyer at Janicek Law. Our law firm has decades of combined experience in handling all sorts of pedestrian accident claims. Whether you’re the at-fault party or not, we’ll protect your rights, assist in accident investigation, negotiate an appropriate settlement with your insurance company, and make sure justice is served. 

Damages for Pedestrian Accident Victims

As previously stated, many car insurance policies will cover some of the damages associated with a pedestrian accident. But sometimes, an insurance settlement isn’t enough to cover all the losses associated with a major accident like this. Some insurance policies may refuse to offer a settlement altogether. That’s when pedestrian accident lawyers at Janicek Law step in. When injured pedestrians hire us to handle their pedestrian accident case, we can help them recover compensation for:

  • Past and future medical bills
  • Past and future rehabilitative bills
  • Caregiving expenses
  • Counseling expenses if the pedestrian suffers from significant emotional distress from the accident
  • Lost wages
  • Loss of earning capacity
  • Physical pain and suffering
  • Emotional distress
  • Significant scarring and disfigurement
  • Funeral and burial expenses if the pedestrian accident resulted in wrongful death
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Call a San Antonio Pedestrian Accident Attorney Today

If you suffer injuries in a pedestrian accident, you’re going to want the best pedestrian accident lawyer in San Antonio to fight for a fair settlement on your behalf. Our law firm has top-notch personal injury attorneys who have what it takes to provide the best legal counsel to any victim of any type of motor vehicle accident. We are ready to start an attorney-client relationship with you. To schedule a free consultation about your pedestrian accident case, call 210-366-4949 today.

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