San Antonio Lawyers / San Antonio Pedestrian Accident Lawyer

San Antonio Pedestrian Accident Lawyer

If you were hit by a car while walking, you need to file an injury claim. Our San Antonio pedestrian accident lawyer will fight for your full recovery. Call today for a free consultation.

Injured Pedestrians can Seek Compensation

When a pedestrian is struck by a car, there may be some question of fault. The driver will say that the person stepped into traffic or did something wrong. Bystanders at the scene may support this notion, even though they did not actually see the accident or what preceded it.

San Antonio Pedestrian Accident LawyerThe severe injuries demand thorough and aggressive representation to overcome these assumptions and obstacles. The pedestrian accident attorneys of Rush & Gransee, L.C., have helped clients throughout San Antonio and South Texas recover compensation in these challenging cases.

If you or your child were injured as a pedestrian, call us immediately.

We Excel At Establishing The Driver’s Negligence

The driver may say that the pedestrian darted out into the street or otherwise made the collision unavoidable. The defense may try to argue that the pedestrian was distracted or otherwise should have seen the car coming. Under the doctrine of comparative negligence, compensation can be reduced by the percentage of fault assigned to the victim.

We work to put the responsibility on the person behind the wheel of a two-ton vehicle who should have been alert and cautious in a populated area. Robert Rush is a board-certified civil trial specialist* with more than 25 years of experience representing the injured in motor vehicle crash claims. He invests the time and resources to reveal how the driver was negligent:

  • Speeding in a downtown or residential zone
  • Turning without yielding the right of way
  • Pulling out or backing up without looking
  • Running a stop sign or traffic light
  • Texting or talking on a cellphone
  • Impaired by alcohol
  • Driving aggressively

Frequently Asked Pedestrian Accident Questions

What should I do if I was hit by a car while walkingWhat should I do if I was hit by a car while walking?

Here in Texas, pedestrian automobile accidents happen a lot, but they’re different. If you were a pedestrian crossing the street and someone runs into you, not only are you facing injuries, but you’re facing a whole different kind of case. Were you in the crosswalk legally? Did they encroach the crosswalk? Did they not pay attention when they turned? Did they turn when it was unsafe? There are a lot of issues in a pedestrian automobile case. If you’ve been in an accident walking and hit by a car, you need an experienced attorney who knows pedestrian automobile accident law.

What Can I Do If I Was Hit By a Car as a Pedestrian?

A pedestrian accident is going to be different than a car accident case because one, the injuries can be much more severe. Two, the law really needs to be examined. Were you walking properly? Did they cross the white line when they shouldn’t have?

All of these come into play, and it’s different than your average car wreck. You need an experienced attorney that understands that pedestrians have rights, too. Just because somebody runs into you, they don’t get to point the finger and ask, “Why were you walking there? Why weren’t you paying attention?” When the question should be, “Why weren’t they paying attention to you?”

Should I talk to the insurance company after a pedestrian accident?

If you’re a pedestrian minding your own business, walking through the crosswalk, and somebody runs over you, one of the early things you’re going to face after you get out of the hospital is an insurance adjuster trying to get you to take a quick check. They’re going to want to take a statement from you.

They’re going to want to record you. They want to ask you questions that they are trained to ask you so that it makes it sound like you were at fault, not the person that was driving the car. Why do they do that? They don’t want to be held accountable for what happened to you. Should you talk to the insurance company? No, don’t talk to the insurance company. They are not on your side.

How do I choose the best attorney for my pedestrian accident case?

If you were a pedestrian crossing the street, and somebody texting and driving slammed into you, and put you in the hospital, how do you go about finding a lawyer?

You need to research and make sure that the lawyer you choose understands all aspects of negligence law. There might be a law firm that handles car wrecks and commercial vehicle wrecks, but pedestrian accidents are different. You need somebody who’s been there, who’s done that, and who’s done it successfully.

Should I accept a settlement right after my pedestrian accident?

You’re crossing the street, somebody’s not paying attention, they slam into you, and then an insurance company makes you an offer. You’ve got bills piling up. It sounds good. You maybe think, let me take this money and pay that ambulance and hospital bill. That first offer is not just a first offer; it’s a last offer if you take it. They want you to take it.

They want you to sign that piece of paper that says, I accept this, and I’ll never bother you again. Then when you find out six weeks later that the physical therapy is not working, and you need surgery, there’s nothing I can do to help you. Do not listen to the insurance company when they tell you, “Let’s just pay your bills right now; we’ll take care of you.” They’re not on your side.

Can the pedestrian be partially at fault in a pedestrian accident?

I get asked all the time, what if I was partially at fault? They say, “I was crossing the street, I didn’t look both ways, and somebody ran into me.” Maybe you were partially at fault; maybe you weren’t. That needs to be investigated.

The way the law works in Texas is, ultimately, you have to determine and decide who was more at fault. If that other person was more at fault than you, then they’re responsible, and they can be held accountable for all the injuries you suffered.

How is a Pedestrian Hit by a Car Compensated for InjuriesHow is a Pedestrian Hit by a Car Compensated for Injuries?

If you’re a pedestrian and you’re involved in an accident because a motorist runs into you, you’re entitled to compensation. What that means is you were hit by a car while walking through a crosswalk, and ended up in an ambulance. They took you to the ER, so now you’ve got an ambulance bill and you’ve got an ER bill.

You might have been admitted to the hospital; now you’ve got a hospital bill. You’ve got doctor visits. You’re missing work. All of these things are happening, not because of anything you did, but because someone else was careless. At the end of the day, you’re entitled to cover all of your medical bills, all of your lost wages, and all of the physical impairment that those injuries caused.

How do I determine how much my pedestrian accident case is worth?

One of the first questions people ask me in a pedestrian accident case is, “what’s my case worth? How do I know what compensation is supposed to be?” You hire an experienced lawyer, first of all. An experienced attorney in cases involving pedestrians that have been run over understands that you’re entitled to the things you can count including medical bills, and lost time from work.

There are a lot of things that you can’t count; you can’t just easily put a number to it such as; What’s it like wearing a cast on your leg for eight weeks and then going through three months of physical therapy so you can learn to walk again? All of that comes into play. The value is the full and fair compensation for the damage that you have suffered. That involves an experienced attorney who understands the injuries, the laws of pedestrians, and the laws of automobiles.

How long will it take for a pedestrian accident case to settle?

If you were walking in the street and some car ran into you, one of the things that people really worry about is how long their case will take. Cases take a while. If you want some lawyer that’s just going to get you a quick check and make you sign a release, we’re not the folks for you.

You’ve probably suffered serious injuries. This is probably going to affect you for a long time into the future. It’s going to affect your ability to support your family and all areas of your life. Cases take a little while, but they take a little while because you’re the one that needs protecting, not the person that ran into you.

Committed to Compensation for the Long-Term Impact

We are routinely contacted by people hit by cars in crosswalks and uncontrolled intersections, on the shoulder of the road, in parking lots, and even on sidewalks and walking paths. We know that pedestrian accidents commonly result in broken bones, back and neck injuries, brain injury, and other serious or permanent harm. We work closely with families to detail their medical needs, lost income and other damages, and we will vigorously fight attempts to downplay your injuries or reduce your compensation under comparative fault.

Whether we resolve your case in settlement negotiations or at trial, our firm is devoted to attending to your needs and maximizing your recovery.

To discuss your pedestrian accident claims, contact us today for a free consultation. With offices in San Antonio and Kenedy, we handle cases throughout South Texas.

*Certified by the National Board of Trial Advocacy as a Civil Trial Lawyer

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