Singh Ahluwalia Attorneys at Law represents injured pedestrians throughout Bexar County, securing compensation for clients who trust us. As experienced San Antonio pedestrian accident lawyers, we offer comprehensive legal representation with no upfront costs—you pay nothing unless we win your case.
Contact us today for a free, confidential consultation to discuss your rights and options.
Why Choose a San Antonio Pedestrian Accident Attorney for Your Case?
Different lawyers have different skill sets and experience, and you want to work with one who fits your case. Pedestrian accidents are considered road accidents, and that means your odds of a fair and successful claim go up with an attorney familiar with not just Texas’s traffic code, but also with the history of the city and the challenges both drivers and pedestrians face on its streets.
San Antonio pedestrian accident attorneys have specific experience relevant to the challenges of the area, from Loop 410 to Downtown San Antonio, and all the way to the most congested intersections around the Medical Center District.
Ours at Singh Ahluwalia know where the highest accident rates are. We regularly work with local law enforcement during investigations as well; we take pride in our established familiarity with the police, local judges, and adjusters who handle accident claims in and around Bexar County.
And when it comes to getting our clients the help they need to recover? We work hand-in-hand with city healthcare professionals to identify your injuries and pursue the best possible route to recovery for accident victims.
Common Causes of Pedestrian Accidents in San Antonio
Pedestrian accidents in San Antonio share many of the same common causes as other road accidents, with the added complexity thrown in of the possibility of a pedestrian contributing a share of fault. Even if there is shared liability, however, pedestrians usually end up drawing the short straw when both a car and a human body are involved.
This can make it incredibly difficult to secure sufficient compensation if other parties pin the blame on you. Identifying what caused your accident helps you fight back against unfair blame.
- Distracted or Drunk Driving: Drivers texting, adjusting navigation systems, or driving under the influence fail to notice pedestrians crossing streets or walking along roadways. Impaired driving contributes to a significant percentage of fatal pedestrian crashes statewide.
- Speeding: When drivers exceed posted speed limits in neighborhoods, school zones, or shopping areas, they have less time to react and cause more severe injuries upon impact.
- Poor Lighting or Missing Crosswalks: Inadequate street lighting and poorly marked pedestrian crossings contribute to accidents, especially during early morning and evening hours.
- Failure to Yield: San Antonio pedestrian accidents often occur when drivers simply fail to yield the right-of-way at marked crosswalks or turn without checking for pedestrians—seemingly minor errors with life-altering consequences.
Texas Pedestrian Laws Explained
Pedestrians are considered road users by the law, and are, for the most part, offered their own protections under the Texas Transportation Code. They have the right-of-way in marked crosswalks (and at intersections, regardless of whether the road is marked).
Comparative Negligence in Texas
Texas follows a comparative negligence rule, which means your compensation can be reduced if you share fault for any accident, but only as long as you’re not more than 50% responsible for the accident. Specifically, this system is called modified comparative negligence.
If you’re found 20% at fault, for example, your compensation would be reduced by 20%. If you are found to be 51% at fault, then you cannot make a claim regardless of the damages you may actually have suffered.
In contrast, pure comparative negligence would allow you to make a claim even if you were 99% at fault for an accident. The 50% bar exists, therefore, to discourage people from engaging in risky behavior with the expectation that they can recover damages later on.
Compensation After a Pedestrian Accident
Pedestrian accident victims may be entitled to significant compensation covering multiple categories of damages:
- Economic damages include tangible financial losses like medical bills (emergency room treatment, surgeries, hospitalization, medications), rehabilitation costs (physical therapy, occupational therapy, assistive devices), lost wages (time off work during recovery), and reduced earning capacity if injuries prevent you from returning to your previous occupation.
- Non-economic damages compensate for intangible losses, including pain and suffering, emotional trauma, loss of enjoyment of life, scarring and disfigurement, and the psychological impact of the accident. These damages recognize that pedestrian accidents affect more than just your bank account—they change your quality of life.
- Punitive damages may be available in cases involving gross negligence, such as when a drunk driver hits a pedestrian. These damages punish egregious behavior and deter similar conduct in the future.
San Antonio Statute of Limitations
A statute of limitations is the period of time within which a person may take legal action for an event; and in personal injury law, that event is an injury caused by an accident. In Texas, this time limit is two years, starting on the day a person suffered an injury.
There are, however, some special circumstances that may increase or decrease the amount of time you have to file a claim.
- Cases Involving Minors: Injured pedestrians under 18 at the time of the accident may have the statute of limitations “tolled’ (paused) until they are legal adults. This means the clock starts as soon as they turn 18.
- Cases Involving Mental Incapacity: The statute may be tolled as in cases involving minors. In the event a victim is deemed permanently incapacitated, a representative will usually be allowed to file a case on their behalf.
- Absence From State: If a defendant leaves the state or goes into hiding, an accident victim may also have the statute of limitations tolled for the duration that the at-fault party is missing.
- Government Claims: Claims against state or federal government entities typically have a shorter time limit of six months, plus an additional requirement of a formal notice of claim.
What to Do After a Pedestrian Accident
Taking the right steps immediately after a pedestrian accident can protect both your health and your legal rights. Here’s what you should do:
- Call 911 and document the scene. Even if your injuries seem minor, call for emergency help. Police documentation creates an official record of the accident, which becomes crucial evidence for your claim.
- Report to the police. While Texas law doesn’t always require reporting pedestrian accidents, filing a police report is strongly recommended. This official documentation strengthens your claim and can be essential evidence if you need to file a lawsuit.
- Get medical help, even if you feel fine. Adrenaline can mask serious injuries like internal bleeding, traumatic brain injuries, or spinal damage. Immediate medical attention ensures you receive proper diagnosis and treatment while creating medical records that link your injuries to the accident.
- Gather witness statements and photos. If you’re able, collect contact information from anyone who saw the accident. Take photos of the scene, your injuries, vehicle damage, skid marks, traffic signals, and any hazards like poor lighting or faded crosswalk markings.
- Contact a San Antonio pedestrian accident lawyer before speaking to insurance adjusters. Insurance companies often contact victims quickly, hoping to secure a recorded statement or quick settlement before you understand the full extent of your injuries. Having legal representation protects you from tactics designed to minimize your compensation.
San Antonio Pedestrian Accident FAQ
Can I still recover compensation if the driver who hit me didn’t have insurance?
Yes, you may still have options for compensation even if the at-fault driver is uninsured or underinsured. If you have uninsured/underinsured motorist (UM/UIM) coverage as part of your own auto insurance policy, it may cover your pedestrian accident injuries.
Additionally, if the accident occurred due to dangerous road conditions or poor maintenance, you might have a claim against the city or property owner responsible for that area.
What if I were jaywalking or crossing outside of a crosswalk when I was hit?
Even if you were crossing outside a designated crosswalk, the driver still had a duty to exercise reasonable care and avoid hitting you. Your compensation would simply be reduced by your percentage of fault, as per comparative negligence.
Will I have to go to court, or can my case be settled out of court?
Most pedestrian accident cases settle out of court through negotiations with insurance companies. However, having an attorney prepared to take your case to trial often results in better settlement offers.
Talk to Our San Antonio Pedestrian Accident Law Firm Today
You don’t have to face this alone. Singh Ahluwalia Attorneys at Law has helped countless San Antonians rebuild their lives after devastating pedestrian accidents. We understand the physical pain, emotional trauma, and financial hardship you’re experiencing, and we’re committed to fighting for the full compensation you deserve.
Whether your accident occurred on a busy downtown street, in a residential neighborhood, or in a parking lot, we have the experience and resources to hold negligent drivers accountable.
Call our San Antonio personal injury lawyers at (210) 293-7517 for your free consultation. During this no-obligation meeting, we’ll review your case, explain your legal options, and answer all your questions.
