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.
There is no such thing as an “open and shut” pedestrian accident case.
It doesn’t matter if you obeyed the laws, were 100% innocent, and had fewer defenses than the driver that hit you. The defendant’s insurance company doesn’t want to pay for your losses. Period.
This is why you should avoid talking to anyone from the driver’s insurance company. When you’ve been hit by a car there are only three good moves to make. Get help for your injuries, file a police report, and contact a lawyer right away.
Your attorney will deal with the insurance company for you, ensuring you don’t say or do anything which could undermine your case. They will try to trick you into admitting some form of negligence. They may also try to trick you into signing documents which keep them from making a full recovery.
You need the help of someone who is going to argue your case to the fullest extent that’s legally possible. You also need someone who will investigate the case thoroughly, locating all the evidence necessary to argue your claim.
We work pedestrian accident cases on contingency, which means contacting us is risk-free. Call to set up a consultation today.
Fill out the form to get started with your free evaluation of your pedestrian accident case today.