Auto Accidents Involving Pedestrians

Pedestrian Accident Attorney in San Antonio

According to the National Highway Traffic Safety Administration, nearly 5,000 pedestrians are struck and killed by drivers every year. In 2012 alone, it was reported that approximately 76,000 pedestrians suffered injuries in an auto accident. Pedestrians injured in auto accidents are entitled to claim compensation in order to cover their medical expenses, make up for lost wages, and more.

The purpose of a driver’s auto insurance is to protect not only the driver in the event of an accident, but everyone else on the road as well, including pedestrians. If you have been involved in an accident as a pedestrian, the at-fault driver’s insurance is meant to cover the cost of your care. Insurance companies can be tricky, however, and you may find that what should be a straightforward claim can turn into a very long and complicated process. In a situation like this, you can count on The Daspit Law Firm to be on your side.

What are My Rights and Responsibilities as a Pedestrian?

Texas state law requires that each driver on the road purchase auto insurance in order to cover any damages or injuries that they may cause on the road. If a driver injures a pedestrian, they can be held liable for damages if it can be proven that their negligence caused the accident. In order to prove negligence, the plaintiff must show that the defendant failed to exercise their duty of care by:

  • Engaging in distracted driving
  • Driving at unsafe speeds
  • Failing to yield to pedestrians at crosswalks
  • Failing to use a turn signal when turning
  • Disobeying traffic lights or signs
  • Disregarding traffic or weather conditions
  • Driving under the influence of alcohol or drugs

It must be understood that pedestrians, too, have a duty of care to exercise for their own safety. Pedestrians must take care not to:

  • Dart in front of vehicles
  • Enter into and disrupt the flow of traffic
  • Jaywalk outside of marked crosswalks
  • Ignore the “walk” signal at an intersection

Have You Been Involved in an Accident?

If you have been involved in an accident as a pedestrian, it is important to immediately call the police and stay at the scene of the accident until help arrives. In order to protect yourself and your rights, don’t make any statements to anyone, including drivers and insurers, and make sure to gather the names and contact information of any witnesses. This may be important to establishing who was at fault during the accident, and can help you defend yourself against insurance companies who may try to shift the blame for your injuries away from the driver and onto you. In the event of a hit and run accident, your lawyer can help you to track down the driver at fault through witnesses, or can help you file a claim through your own insurance for uninsured motorist coverage.

Seeking compensation after an accident can be a challenge. To ensure that every possible avenue is explored in your case, contact the San Antonio personal injury lawyers at The Daspit Law Firm as soon as possible. You don’t pay unless we win your case, so you have nothing to lose. Call us today toll-free at (888) 217-8432 to schedule your no-cost consultation.