San Antonio Pedestrian Accident Lawyer

What happens when a car hits a pedestrian? The injuries can be devastating, and such collisions can even result in a fatality. 

You might think this is the most straightforward kind of personal injury case. After all, you were just walking. The person who hit you was navigating a 3000 pound machine. In reality, pedestrian plaintiffs or their families don’t always win personal injury or wrongful death suits. 

Those that do sometimes find their awards reduced by a significant margin just because comparative negligence applies to pedestrians, too.

Defendants try to prove pedestrian plaintiffs are negligent all the time.

Like drivers, pedestrians are burdened with what’s called a “duty of care.” Like drivers, pedestrians should try to prevent accidents by obeying traffic signals, including Walk signs. They should follow traffic laws, like using cross walks.  

Thus, the defendant may try to prove you violated traffic laws. They may also try to prove a lack of foreseeability on behalf of the defendant driver. If it was dark and you weren’t wearing lights or reflective clothing, then tried to cross, they might argue there was no way the driver could have foreseen a possible collision. Or they may try to prove you left the curb unexpectedly in a way no driver could have foreseen.

In short, the other party has defenses they can raise which can reduce their comparative negligence. In some cases, they may keep you from recovering at all. 

If you’ve been hit by a commercial truck, they’ll fight even harder, even if you were standing on the sidewalk at the time of the accident. 

This can be especially hard on loved ones, since these accidents are usually fatal. Listening to a trucking company engage in what feels like a smear campaign is never easy, but it’s important to stay the course. The right lawyer can help you defend your loved one’s memory against these kinds of attacks.