San Antonio Pedestrian Accident Attorney
With a population topping one million and a booming tourist industry, San Antonio is one of the top destinations in Texas. Visitors frequently stroll the River Walk, explore the Alamo, or take one of the city’s guided ghost tours. Families with children especially enjoy LEGOLAND and Six Flags.
However, this unique combination of nightlife, family attractions, and everyday city living creates an increased risk of serious and fatal pedestrian accidents. Visitors and residents injured by negligent drivers, Segway operators, or even fellow pedestrians should discuss their rights with the dedicated San Antonio pedestrian accident lawyers at the Wyatt Law Firm.
Risk Factors Associated with San Antonio Pedestrian Accidents – Catastrophic Injuries & Fatalities
On average, traffic accidents kill 5,000 and injure over 100,000 pedestrians each year. Pedestrians are 50 percent more likely to die in preventable collisions than vehicle occupants, leaving devastated families to pick up the pieces while negligent drivers walk away unharmed. According to the Centers for Disease Control (CDC), most pedestrian accidents occur in urban areas at night.
Nearly 20 percent of fatal pedestrian traffic crashes result from drunk driving, and children and adults over 65 disproportionately account for 40 percent of overall fatalities. Because San Antonio has a strong nightlife catering to young adults, family amusement parks, and attractions for history-minded seniors, it is one of the most dangerous cities for foot traffic. If you suffered serious injuries in a pedestrian accident, trust the San Antonio pedestrian accident lawyers at Wyatt Law firm to protect your rights.
Traffic Violations Frequently Resulting in Pedestrian Accident Cases
Alcohol and speed cause the majority of serious (and often fatal) pedestrian traffic accidents. However, driver inexperience in navigating urban areas with increased foot traffic also contributes to pedestrian accidents and injuries.
As pedestrian accident attorneys, the most common traffic violations linked to pedestrian-motor vehicle collisions we see include:
- Failure to yield
- Drunk driving
- Texting while driving (driver distraction)
- Illegal turns
- Failure to obey traffic control devices
- Blocking crosswalks
- Unlawfully crossing/operating on footpaths
- Failure to see
- Drowsy driving
Tourists driving in unfamiliar cities increase the risk of pedestrian impacts because they’re frequently distracted looking for hotels, parking spots, and attractions. Driver distraction is one of the leading causes of pedestrian impacts in urban areas such as San Antonio, especially when combined with cell phone use. Drivers from rural areas also frequently misunderstand yielding requirements, especially in areas with heavy foot traffic.
Experienced pedestrian accident lawyers may obtain evidence of direct vehicle and traffic violations to prove your claim. Evidence of unlawful or criminal conduct supports negligence per se litigation. This type of personal injury lawsuit allows judges to presume someone’s liability if the legal violation resulted in pedestrian injuries. Showing proof of traffic infractions to an insurance company may also result in an accelerated settlement in a pedestrian accident claim.
Contacting our San Antonio pedestrian accident lawyers quickly helps preserve essential evidence of negligence per se, including traffic camera or video footage, real-time photographs, and witness statements.
Catastrophic Pedestrian Injuries Caused by Speeding Vehicles in San Antonio
In areas with heavy foot traffic, especially at night, it’s impossible to prevent all pedestrian impacts. Drunk and distracted drivers may clip San Antonio tourists and residents alike. As such, city planning and traffic experts focus on lessening the severity of these injuries by requiring reduced urban speed limits.
International studies indicate that pedestrian accident victims hit by vehicles traveling at 50 miles per hour are three times more likely to die than those struck by cars traveling at 30 miles per hour. More specifically, pedestrians have a 95 percent chance of surviving and recovering from accidents occurring below 25 miles per hour, a 55 percent chance of surviving accidents occurring at 35 miles per hour, and only a 10 percent chance of surviving and recovering from collisions at 60 miles per hour. For this reason, urban speed limits are important laws intended to protect pedestrians.
When a negligent driver strikes a pedestrian at speeds under 25 miles per hour, common pedestrian accident injuries frequently consist of:
- Bruised and broken hips/shoulders
- Road rash (friction burns) and lacerations
- Fractured wrists
- Slipped discs
- Whiplash (neck and back strains)
- Concussions (mild traumatic brain injuries)
Texas requires vehicle owners to carry at least $30,000 in individual liability insurance, which frequently covers the cost of treatment and lost wages necessary to compensate injured pedestrians for these recoverable conditions. However, catastrophic injuries frequently occur when high-speed vehicles hit San Antonio pedestrians.
Pedestrian accident victims and their families often need assistance from tenacious personal injury lawyers to file a pedestrian accident claim and recover compensation for serious injuries and conditions, including:
- Spinal Cord Damage – The vertebrae in your back protect the delicate nerves that send signals from the brain throughout the body. High-speed impacts frequently result in broken backs and irreversible spinal cord damage. These nerves do not regenerate, meaning victims with serious nerve damage or severed spinal cords often develop paraplegia or quadriplegia, requiring lifetime medical care. Paralysis occurs below the area of spinal damage, for example, the lower back or neck. Since children are small, they may disproportionately suffer from more serious spinal cord injuries after San Antonio pedestrian accidents.
- Traumatic Brain Injuries (TBI) – High-speed pedestrian impacts often result in fractured skulls and fatal brain swelling. This may occur from the primary vehicle impact or the secondary impact with the pavement. Damage to the back of the head, where the brainstem controls vital life functions, often results in immediate fatalities. Many victims also suffer from comas, extreme cognitive disabilities, or vegetative states.
- Severe Fractures & Amputations – Drunk or fearful drivers may not stop after striking pedestrians, which often results in serious run-over accidents. The force of the impact might also propel the pedestrian in front of another moving vehicle. These collisions frequently result in crushed legs or arms requiring life-saving amputations. Even when doctors can save the limbs, these crushing fractures may require multiple surgeries and result in extreme pain and infections.
- Death – A San Antonio pedestrian accident may result in fatal injuries or later death from injury-related complications. Claimants may suffer from severe injuries for years after being struck by negligent San Antonio drivers before passing away from their personal injuries. In Texas, family members, including the spouse, children, and parents of the deceased, might seek compensation from an at-fault driver through wrongful death litigation on behalf of loved ones who died from pedestrian accident injuries.
Experienced catastrophic pedestrian injury lawyers in San Antonio might also help claimants and their families hold multiple parties liable after devastating traffic accidents.
San Antonio Pedestrian Accident FAQs
The dedicated attorneys at the Wyatt Law Firm have recovered over half a billion dollars for wrongfully injured clients in Texas. During our representation, clients frequently asked us the following questions about San Antonio pedestrian-vehicle collisions.
Q. How long do I have to consider my options after a car hit me in San Antonio?
- Pedestrian accident lawsuits in Texas fall under the personal injury umbrella. As such, adult claimants have two years from the accident date to file personal injury litigation under Tex. Civ. Prac. & Rem. §16.003(a). Families of claimants wrongfully killed during pedestrian collisions (or succumbing to their accident injuries) have two years from the date of death to file wrongful death litigation. Special exceptions exist if the victim was a minor (under 18) when the accident occurred or suffered severe brain trauma rendering them legally disabled. Claimants have two years from the date the disability disappears in such cases, such as when the minor turns 18 or the injured claimant obtains a legal guardian.
Insurance company deadlines often require victims to notify insurers of potential claims within 30 to 120 days. Similar deadlines may apply if public entities, such as the City of San Antonio or state/federal workers, contributed to the accident. Even if you do not want to pursue litigation or file an insurance claim, it’s always beneficial to speak with an attorney about preserving essential evidence to protect your financial recovery rights.
Plus, during a free consultation with a San Antonio pedestrian accident lawyer at Wyatt Law Firm, you won’t pay a penny for important information that can help you make the best decisions in your situation.
Q. What damages can I recover if a vehicle hits me in San Antonio?
- Pedestrians have the same financial recovery rights as vehicle occupants. They may request personal injury damages under Texas law to compensate them for direct and indirect losses related to the accident.
Direct economic damages include, but are not limited to:
- Ambulance, emergency room, hospital, and other medical bills
- Special surgical and surgery center costs
- Cosmetic procedures to correct scarring
- Doctor and nursing costs
- Physical therapy and cognitive rehabilitation expenses
- Cost of medical equipment, i.e., wheelchairs, medications, and home modifications
- Home nursing care charges
- Payments for household help, i.e., assistance with cooking, cleaning, driving, and related activities of daily living
- Medical transportation expenses
- Lost wages, vested bonuses, commissions, and business profit
- Lost earning capacity and promotional opportunities
- Lost fringe benefits and/or increased insurance premiums
Claimants may recover compensation for past expenses such as the initial ambulance bill, future anticipated medical costs, and lost wages.
Further—and often more importantly—pedestrians injured in San Antonio pedestrian accidents may request pain and suffering (non-economic) damages. These awards compensate the claimant for the intangible but real losses associated with the trauma, including:
- Physical pain and discomfort,
- Lost enjoyment of life and hobbies,
- Emotional suffering, including Post Traumatic Stress Disorder (PTSD),
- Disfigurement, and
Spouses and dependent children might also be eligible for special non-economic damages.
Lastly, some injured pedestrians may receive exemplary (punitive) damages. Texas law allows claimants to request these additional damages during litigation if the driver engaged in extremely reckless or criminal conduct, for example, if they drove drunk and onto sidewalks.
Q. How much does it cost to hire injury attorneys in San Antonio?
- Seasoned pedestrian injury lawyers know that claimants cannot generally afford to pay expensive hourly legal fees. For this reason, reputable plaintiff’s lawyers accept viable cases on a contingency fee basis. This means your lawyer doesn’t get paid unless she recovers damages in your case.
Even then, the lawyer only takes a fraction of your overall award as his fee. Most personal injury law firms will front the litigation, claims, and expert witness expenses necessary to maximize the value of your financial recovery. It should not cost you anything out of pocket to retain a dedicated pedestrian accident lawyer at the Wyatt Law Firm.
Q. Who can be held liable in pedestrian-vehicle accidents?
- In most cases, the driver and vehicle owner are directly liable for your injuries. However, if the driver was working when the collision occurred, their employer might also bear some responsibility for your damages.
This liability extends to rental car companies and sometimes rideshare providers (Uber or Lyft) in certain cases. Pedestrian accidents trigger the negligent driver’s and injured pedestrian’s private auto insurance coverage. Texas law requires non-commercial vehicle owners—cars and SUVs—to carry a minimum of $30,000 in liability insurance. However, trucks and buses must carry substantially higher coverage.
Rental car and rideshare companies also have secondary umbrella insurance policies to cover damages above the $30,000 level. Other drivers who are responsible for causing chain-reaction crashes or even intoxicated pedestrians might also bear responsibility for your injuries. Experienced personal injury attorneys can quickly identify parties potentially liable for your losses and calculate your case’s maximum insurance value.
Q. How much is my pedestrian accident case worth?
- Understanding your claim’s maximum insurance value is essential for calculating anticipated settlement awards. Over 90 percent of viable pedestrian injury claims settle with liable insurers, but sometimes attorneys must litigate to get you the damages you deserve. Many auto accident claims, including pedestrian collision cases, settle within insurance policy limits (under $60,000).
However, at the Wyatt Law Firm, we’ve recovered millions for clients wrongfully injured in traffic accidents. Your case’s value generally depends on the liable parties, insurance availability, and the seriousness of your injuries. Our experienced pedestrian accident lawyers can estimate how much your claim is worth during a free consultation.
Q. How long does it take to recover damages for San Antonio pedestrian injury claims?
- Pedestrian accidents in popular San Antonio areas, such as the River Walk or the Alamo, often involve clear driver liability. Because drivers must generally yield the right of way to pedestrians in crosswalks and areas of heavy foot traffic, insurance companies may quickly settle these claims. Most viable cases settle with insurers in the months after the claimant recovers from his/her injury or reaches maximum medical improvement. This allows injury lawyers to calculate total damages and make accurate settlement demands.
Connect with a Dedicated San Antonio Pedestrian Injury Attorney
Do not let insurance companies blame you after pedestrian accidents in San Antonio. Retaining the right personal injury attorney from the Wyatt Law Firm can protect you from insurance adjuster manipulation without any upfront costs. Under the right circumstances, we can demand substantial damages from at-fault drivers and insurers. Call (210) 340-5550 or contact us online to schedule your free and confidential San Antonio pedestrian accident case review.
Excellent knowledge from all staff aspects. Paula knows how to work in her clients corner and she brings so much experience and energy to make sure her clients are treated fair. She helped fight with Tricare on my husbands behalf and she will not stop fighting until the client is happy. My husband won his case with her and her staff. I highly recommend if you need someone to listen and go fight for you let this Lady do the work. Gabby is a great asset and kept my husband very informed during the whole process. They deserve more than 5 stars.
Wyatt Law Firm, PLLC
21 Lynn Batts Lane, Suite 10
San Antonio, Texas 78218