Whether they occur in a parking lot, a street or a sidewalk, accidents involving pedestrians and motor vehicles very often result in serious or catastrophic injuries for people on foot. Were you hurt as a pedestrian in San Antonio? If a negligent driver struck you while you were walking on the sidewalk, crossing the street, walking in a parking lot, or anywhere else you had a right to be walking, the San Antonio pedestrian lawyers of Herrman & Herrman are here to help you seek justice.
With more than 100 years of experience and over 20,000 successfully resolved cases, Herrman & Herrman is the law firm for pedestrians who’ve been hurt in San Antonio. Our attorneys have handled many pedestrian accident cases for other clients, and we’ll be ready to put our experience and skill to work for you.
Our knowledgeable legal team knows that only results matter. We will fight for the maximum compensation possible for your claim because we know that it will make a difference in your life and your family’s life both now and in the future.
Our pedestrian accident lawyers can provide an honest and thorough evaluation of your case when you call us or contact us online to schedule a free consultation.
Causes of Pedestrian Accidents in San Antonio, TX
Most pedestrian accidents are caused by negligent motorists who fail to notice the pedestrian on or near the road, or those who fail to yield right-of-way and leave adequate space between their vehicle and the pedestrian.
Some of the most common causes of pedestrian accidents include:
- Distracted Driving — Talking or text messaging on a cell phone is perhaps the most common kind of distraction for drivers of all ages. Some motorists could also be distracted by various other circumstances in vehicles, including adjusting radio or climate controls, eating or drinking, or even talking to other passengers.
- Speeding — Some drivers cause serious and sometimes fatal pedestrian accidents because they were driving faster than the posted speed limit or too fast for conditions.
- Driving Under the Influence (DUI) of Alcohol or Drugs — A driver who causes an accident while driving under the influence may face criminal charges, but a criminal case is completely separate from a civil action. The state can pursue penalties such as fines and imprisonment, but you must file your own civil case to seek compensation.
- Driver Fatigue — Too many drivers get behind the wheel when they are not fully rested or drive long after they’ve gotten tired. The result too often can be drivers who nod off or even fall asleep at the wheel.
- Reckless Driving — Texas Transportation Code § 545.401 defines reckless driving as driving a motor vehicle in willful or wanton disregard for the safety of persons or property.
- Failure to Obey Traffic Signs or Lights — Pedestrians can easily be struck by motor vehicles when drivers do not obey traffic lights or signs.
- Defective Parts — Some accidents could be the result of a mechanical failure with a motor vehicle, and a part manufacturer could be responsible if a part was defective.
- Improper or Illegal Turns — Drivers who perform prohibited turns may strike pedestrians in the process.
- Inclement Weather — When the weather gets bad in San Antonio, certain factors can create visibility problems for drivers. Slick roads can also increase stopping distances and impair the vehicle’s handling. All motorists nonetheless remain responsible for being aware of pedestrians even when weather conditions make it more difficult.
- Medical Emergency — Drivers who suffer a health episode while driving may be unable to control their vehicles.
- Construction Zone Violations — Areas under construction in San Antonio often require drivers to operate at reduced speeds. Many pedestrian accidents in these areas stem from drivers not complying with such provisions.
- Defective Highways — An accident that results from a governmental entity’s failure to repair a defective roadway could make an agency possibly liable for damages. A flawed roadway design could also result in governmental liability.
- Other Traffic Violations — Any one of a number of other violations of Texas traffic laws could also be the basis for a pedestrian accident claim.
While the list above represents a significant number of possible causes, you may find that your case defies such classification. Do not be alarmed. Make sure you contact a lawyer as quickly as you can for help preserving all of your rights.
Common Injuries Incurred from a Pedestrian Accident
Pedestrians do not have any of the kinds of protection that are afforded to occupants in motor vehicles. For this reason, most pedestrian accidents tend to result in devastating injuries for pedestrians.
Some of the most common kinds of injuries pedestrians can suffer in an accident include:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Cuts and lacerations
- Internal organ injuries
- Neck injuries
- Scrapes, cuts, bruises, and lacerations
It is also possible that pedestrians can ultimately die because of the injuries they suffer in an accident. When a pedestrian is killed because of a driver’s negligence, the family of the deceased pedestrian could be able to file a wrongful death lawsuit.
Texas Pedestrian Laws
Texas Transportation Code § 552.001 establishes that traffic control signals displaying green, red, and yellow lights or lighted arrows apply to pedestrians unless they are otherwise directed by a special pedestrian control signal. A pedestrian with a green signal can cross the street within a crosswalk unless the signal is a turn arrow. Pedestrians facing a steady red signal alone or a steady yellow signal cannot enter a roadway.
Under Texas Transportation Code § 552.002, a pedestrian control signal displaying “Walk,” “Don’t Walk,” or “Wait” applies to pedestrians. A “Walk” allows a pedestrian to proceed across a roadway in the direction of the signal and operators of motor vehicles must yield the right-of-way to pedestrians, but pedestrians cannot cross roadways in the direction of “Don’t Walk” or “Wait” signals.
Texas Transportation Code § 552.003 provides that the operator of a motor vehicle must yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:
- There isn’t a traffic control signal.
- The pedestrian is on the same side of the road as the vehicle or it is coming so closely on the other side of the roadway to pose a hazard.
Pedestrians cannot enter a crosswalk so close to vehicles that the drivers do not have enough time to yield.
Under Texas Transportation Code § 552.004, a pedestrian should proceed on the right half of a crosswalk. Texas Transportation Code § 552.005 establishes that a pedestrian must yield the right-of-way to a motor vehicle on the highway if crossing a roadway at a place other than in a marked crosswalk or in an unmarked crosswalk at an intersection, or where a pedestrian tunnel or overhead pedestrian crossing has been provided.
Pedestrians can only cross in marked crosswalks between adjacent intersections at which traffic control signals are in operation. Pedestrians can cross roadway intersections diagonally in the manner authorized by traffic control devices.
Under Texas Transportation Code § 552.006, a pedestrian cannot walk along and in a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian. When a sidewalk is not provided, a pedestrian walking along and on a highway must walk on the left side of the roadway or the shoulder of the highway facing oncoming traffic when possible.
Solicitation by pedestrians is generally prohibited, but exceptions are provided for pedestrians authorized to solicit charitable contributions by local authorities having jurisdiction over roadways.
Source: Texas Transporation § Code 552
What to Do If You Are Injured In a Pedestrian Accident in San Antonio, TX
Because no one expects to be hurt while walking, it is understandably frightening and disoriented when an accident happens. If you are involved in a pedestrian accident, your first move always needs to be seeking medical attention, even if you don’t at first think you were severely hurt.
You will also want to be sure to call the police to the scene of the accident and have them generate a police report. Either get the driver’s insurance information from the police or obtain this information yourself, if possible. Try to take as many pictures as you can of everything involved in the scene of your crash.
If the driver flees the scene and does not stop to render aid to you if you’re hurt, they will have committed a hit-and-run, and could face criminal charges. While it can be more challenging to hold a hit-and-run driver accountable for injuries you suffer in an accident, an injury lawyer can work with law enforcement and will use all of the resources at their disposal to identify the driver who hit you.
Even if the hit-and-run driver is never found, you may still be able to recover benefits under your auto policy’s uninsured motorist (UM) coverage. Your attorney can seek out all potential sources of coverage and stand up for your right to full compensation.
Contact Our San Antonio Pedestrian Accident Law Firm Today
If you suffered serious injuries or your loved one was killed in a pedestrian accident in San Antonio or another community in Bexar County, your first call should be to Herrman & Herrman, P.L.L.C. Our injury lawyers have successfully resolved tens of thousands of cases on behalf of injured Texans. We know how to handle pedestrian injury claims and will do everything in our power to seek the compensation you deserve.
We are a bilingual law firm that speaks both Spanish and English. Call us or contact us online to receive a free consultation from one of our San Antonio pedestrian accident lawyers today. Our firm has offices in the following locations: San Antonio, Corpus Christi, Corpus Christi South Side, Brownsville, McAllen, Houston, and Ft. Worth, TX.