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San Antonio Pedestrian Accident Lawyer

Going out for a walk for your health or even deciding to walk to work or the store seems like a wonderful idea. It’s good for you and it’s good for the environment. Yet, each year in the United States, close to 130,000 pedestrians are hit by a vehicle and injured. According to the CDC, over 5,000 pedestrians die each year. Pedestrian accidents result in serious injuries that can make it impossible to work. If you were involved in a pedestrian accident, schedule a free case review with our San Antonio personal injury lawyers at The Aguirre Law Firm, PLLC. We’re here to help.

Why Choose The Aguirre Law Firm, PLLC?

At The Aguirre Law Firm, PLLC, we fight for victims of pedestrian accidents and have done so for over 20 years. We are a San Antonio personal injury firm passionate about justice and protecting the innocent.

The Aguirre Law Firm, PLLC, is highly recommended by past and former clients and our legal peers. Our representation is client-focused and personalized.

Your case evaluation and representation are risk-free at The Aguirre Law Firm, PLLC. If we obtain favorable results in your case, you do not owe us anything.

Call to schedule your complimentary consultation with The Aguirre Law Firm, PLLC, today! We have the mindset and passion of a small law firm with the resources and knowledge of a large law firm!

You can reach The Aguirre Law Firm, PLLC, at (210) 934-4291 to speak with one of our accident lawyers.

Meet Alex Aguirre

San Antonio accident attorney Alex Aguirre

San Antonio pedestrian accident attorney Alex Aguirre is the founder and lead attorney of The Aguirre Law Firm, PLLC. Aguirre has been fighting for the justice and compensation his clients deserve with much success over the last 20 years. He is particularly experienced with personal injury claims, including car, pedestrian, motorcycle, and trucking accidents in San Antonio. Early on in his career, Aguirre defended insurance companies against personal injury claims. He now leverages this experience on the other side of the courtroom and has recovered millions for his clients in doing so. Aguirre has received several honors and awards for his achievements, including a Super Lawyer rating from Thomson Reuters, a distinction that less than 5% of all attorneys in Texas have received. Aguirre and his team will ensure that you receive the justice you deserve in your pedestrian accident case.

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Client Testimonials

“I truly appreciate this lawyer’s great help!! He is a very Educated and honest person and will fight for you until you win the case and also cares so much about your well-being and that you are feeling better day by day!!! 100% Recommend him for your Accident case!!!”

Ludivina V.

★ ★ ★ ★ ★

“For not to have had any prior experience working with a law firm, I must say that the Aguirre Law Firm graciously extended themselves to myself and my husband..they were very patient with us in explaining every step of the process. They work as a team and everyone was always informative and went the extra mile to assure that we were represented well. They were very thorough in their fact finding efforts which resulted in a favorable resolve. We would recommend this firm to anyone in need of a law firm of integrity!”

Charlotte G.

★ ★ ★ ★ ★

San Antonio Pedestrian Accident Resources

How an Experienced San Antonio Pedestrian Accident Lawyer Can Help You

Pedestrian accidents may seem simple at first. As a San Antonio pedestrian accident victim, liability for your accident and responsibility for your losses may appear obvious.

However, the other party’s insurance company is not likely to willingly admit responsibility and hand over a check for your damages. The insurance adjuster’s job is to thoroughly investigate the accident circumstances to reduce or eliminate their client’s liability.

It is wise to retain an experienced San Antonio pedestrian accident attorney before speaking with or making any statements to the insurance adjuster. Your statements can also be used against you to lessen or deny your accident payout.

Your pedestrian accident attorney will also conduct an accident investigation on your behalf to support your injury claim against attacks from the insurance company. In addition, your attorney will:

  • Gather any evidence like police reports, security camera footage, and eyewitness testimony;
  • Determine every liable party and source of compensation;
  • Handle all insurance insurance company correspondence;
  • Review your medical records;
  • Assess your total damages, current and future;
  • Advise your creditors of a pending claim;
  • Negotiate a fair settlement with the insurance company(ies); or
  • Filing a lawsuit on your behalf; and
  • Move forward towards trial.

The Aguirre Law Firm, PLLC, was founded by a former insurance company defense attorney who knows the tactics and strategies used by insurance companies to deny and devalue victim’s claims. You can rest assured The Aguirre Law Firm, PLLC, will use this knowledge to your advantage.

Call or contact The Aguirre Law Firm, PLLC, online to meet with an experienced pedestrian accident attorney today!

What Are Texas’ Pedestrian Laws?

Everyone using the road has their own set of responsibilities. Truck drivers, car drivers, pedestrians, and bicycle riders in San Antonio have the obligation of safety when sharing the road. There is a misconception that vehicle drivers have more rights than pedestrians. This simply is not true. While pedestrians should properly use crosswalks, walk on sidewalks when available, and take other safety measures, drivers have certain obligations to avoid a pedestrian accident from occurring in San Antonio. These include:

  • Yielding to pedestrians who are crossing in a crosswalk even when the driver is legally allowed to make a turn.
  • Yielding to pedestrians when backing out of their driveway or alley.
  • Not passing a vehicle stopped for a pedestrian crossing the road.
  • Yielding to a pedestrian in a crosswalk when the traffic lights don’t clearly show who has the right of way.
  • Yielding at a crosswalk without traffic lights.
  • Yielding at a crosswalk when traffic lights aren’t working properly.

Common Traffic Violations Causing San Antonio Pedestrian Accidents

The most common traffic violations in San Antonio, TX and the surrounding areas that result in pedestrian accidents are:

  • Drinking and driving
  • Speeding
  • Failure to yield
  • Texting and driving
  • Weather conditions
  • Illegal turns
  • Not obeying traffic lights, stop signs, yield signs, or crosswalk signs
  • Blocking the crosswalk
  • Driving while fatigued
  • Stating that they just didn’t see the pedestrian

If you or a loved one was involved in a car accident in San Antonio, resulting in an injured pedestrian, schedule a free case consultation with San Antonio pedestrian accident lawyers now.

Low-Speed Accidents Can Cause Serious Injuries

According to the National Highway Traffic Safety Administration, a vehicle doesn’t have to be going at a high rate of speed to cause serious injuries to a pedestrian. Because a pedestrian has no protective measures from a vehicle, even getting hit by a vehicle driving at a low speed can result in serious injuries, and often results in the need for a San Antonio traumatic brain injury lawyer. The body hits the vehicle at least once and then the ground. This is a substantial amount of trauma on the human body that could result in the following common injuries and catastrophic injuries:

  • Broken hips
  • Broken shoulders
  • Lacerations
  • Road rash
  • Fractured or broken arms
  • Fractured or broken legs
  • Spinal cord injuries
  • Back injuries, such as slipped or ruptured discs
  • Chest injuries
  • Whiplash
  • Traumatic brain injuries
  • Wrongful death in San Antonio

san antonio pedestrian accident lawyers

Compensation Available in a Texas Pedestrian Accident Claim

Victims of pedestrian accidents are likely to incur catastrophic injuries and need expensive, lifelong medical care. They may require extended hospital stays, reconstructive surgery, and ongoing therapy to overcome injury obstacles.

Damages in a pedestrian accident claim are intended to place the victim in as near a position as possible to their pre-accident state. Three types of compensation are available to victims of pedestrian accident injuries in Texas.

These are economic, non-economic, and punitive damages. Punitive damages are the least common and are only awarded at trial.

Economic damages are accident-related expenses with fixed dollar amounts, such as:

  • Hospital bills;
  • Surgical costs;
  • Nursing care;
  • Rehabilitative therapy;
  • Mental health counseling;
  • Lost wages;
  • Loss of earning potential; and
  • Property damage.

Non-economic damages are subjective costs personal to the victim. These include but are not limited to:

  • Physical pain;
  • Mental and emotional anguish;
  • Scarring and disfigurement;
  • Post-traumatic stress disorder (PTSD);
  • Loss of enjoyment of life; and
  • Loss of consortium.

The third type of damages, punitive damages, are awarded by the jury at trial. There are monetary caps on punitive damages in Texas. Punitive damages are reserved for cases of gross negligence in personal injury cases.

These damages are meant to punish or set an example of the defendant, not to award the victim. Regardless of the damages sought by a pedestrian accident victim, there are statutory deadlines to do so in Texas.

Factors Affecting Compensation in a San Antonio Pedestrian Accident Claim

The types and amount of damages available in a San Antonio pedestrian accident claim depend on various factors. Every pedestrian accident has unique circumstances, and victims are individuals.

Compensation in a pedestrian accident claim may vary based on:

  • The severity of the victim’s injuries;
  • The location of the victim’s injuries;
  • The age of the victim;
  • Whether the victim is permanently disabled;
  • Whether the victim can work following the accident;
  • The victim’s pre-existing injuries;
  • The total medical bills incurred by the victim;
  • The insurance policy limits and amounts available; and
  • Whether the victim shared any blame for the accident.

When a pedestrian accident claim is against the driver of a motor vehicle, the claim is similar to an auto accident claim. The liable party is responsible for the victim’s accident-related losses and property damage.

There are auto accident liability insurance minimums in Texas. These require only $30,000 in coverage per person or $60,000 for an accident with multiple victims. These minimums may not cover the losses in a pedestrian accident.

Victims may have to file a pedestrian accident claim against their auto insurance policy’s uninsured or underinsured motorist coverage (UI/UIM) or personal injury protection (PIP) to cover their expenses.

Modified Contributory Negligence Laws in Texas

Texas is a modified contributory negligence state. This means that an injury victim may recover compensation for their losses if they are partially liable for their accident.

An injury victim who is 50% or less at fault for their accident may recover financial compensation from the other party. However, any damages they are awarded will be reduced by their percentage of fault.

For example:

  • A driver injures a pedestrian;
  • That pedestrian is found 30% at fault for the accident that caused their injuries;
  • They are awarded $100,000 in damages;
  • The pedestrian’s damages award is reduced by 30% or $30,000. This is the amount of the pedestrian’s shared fault for the accident;
  • The pedestrian is left with a damages award of $70,000.

Modified contributory negligence can significantly impact pedestrian accident compensation in Texas.

Statute of Limitations for a Texas Pedestrian Accident Claim

The statute of limitations, or deadline, to file a pedestrian accident lawsuit in Texas is typically two years from the date of the injury. Accident victims who fail to file a lawsuit within those two years lose their right to compensation for their injuries.

The two-year deadline also applies to surviving family members seeking to file a wrongful death claim. They must do so within two years of their loved one’s date of death.

It is crucial to note that the statute of limitations can change if the at-fault party is a government agency or employee. There are also exceptions for minors or the mentally incapacitated.

Do not rely on a filing deadline until an experienced San Antonio personal injury attorney reviews your pedestrian accident injury case. Otherwise, you could lose your right to recover for your accident-related losses.

Call a San Antonio Pedestrian Accident Attorney Today

The San Antonio pedestrian accident attorneys of The Aguirre Law Firm, PLLC are here to help. From dealing with the insurance company to litigation to settlement, our injury lawyers put our more than 20 years of legal experience to work to help pedestrian accident victims receive maximum compensation. You may be entitled to financial compensation for your injuries and medical expenses through a pedestrian accident case. Let us help you get what you deserve for your car accident case in San Antonio. Contact us today for a free consultation and to see what your case worth is.

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