San Antonio is a major city in Texas. A report from the City of San Antonio Public Works Department shows that as of 2022, 7.5% of San Antonio residents did not have a car. With the city having a lower car ownership rate than the state, most people use walking or biking as alternatives.
And many of the three people are getting involved in serious pedestrian injuries. When such an accident happens, the victim can file a pedestrian accident claim.
Common Causes of Pedestrian Accidents
Some patterns show up again and again when it comes to pedestrian accidents in San Antonio. Distracted driving, which is a crime, is the leading cause of these incidents. San Antonio has a hands-free ordinance prohibiting drivers from using handheld devices while on the road. A San Antonio pedestrian accident attorney can help in proving distracted driving in case of an incident.
Other causes are speeding and failing to yield the right of way. In San Antonio, drivers must yield at a crosswalk even when making a left or right turn. Impaired driving is another serious concern. Alcohol and drug use can slow reaction times and impair judgment, making it easier for a driver to miss seeing a pedestrian crossing the street.
Poor visibility at night and in poor weather, together with unsafe road conditions, can also lead to tragic accidents. Jaywalking, which is illegal in Texas, also leads to crashes.
Proving Liability in a Pedestrian Accident Case
To hold a driver accountable, you must prove that the driver had a duty of care to act safely. For instance, in San Antonio, drivers must exercise due care to avoid hitting someone, even if the pedestrian is outside a crosswalk.
Next, show that the driver breached that duty by doing things like speeding or distracted driving. Prove that the breach caused the accident, and as a result, you suffered damages.
Evidence is key when putting all these together. This can include:
- Police reports
- Witness statements
- Traffic camera footage
- Detailed medical records
Texas follows comparative negligence. This means if you are found partially at fault, for example, if you jaywalked, your compensation could be reduced by the level of responsibility.
What Compensation Can Cover in Pedestrian Accidents
Victims of pedestrian accidents may be entitled to economic and non-economic damages. Economic coverage covers tangible losses like medical bills, lost wages, and rehabilitation costs. Non-economic damages compensate for the losses that are hard to measure, such as emotional distress, loss of enjoyment of life, and pain and suffering.
In case of tragic losses, families can pursue wrongful death claims. Consult a pedestrian accident attorney in San Antonio to determine how much your case is worth and build a stronger case.
Conclusion
Pedestrian accidents can change your life in an instant, especially when you suffer serious injuries. Understanding your rights as a pedestrian is important to exercise safety on the streets. If you are involved in an accident, don’t wait to get the help you need. Contact a pedestrian accident lawyer and hold the negligent party accountable.
