Can I File a Pedestrian Accident Lawsuit?
You might have grounds upon which to file a pedestrian accident case if you were hit by a motor vehicle, especially if you were struck while walking with the right of way. A successful pedestrian accident lawsuit will also require you to prove what losses you have incurred because of the accident, such as medical expenses, lost wages, and pain and suffering.
Essentially, if another’s negligence, recklessness, or intentionally harmful conduct caused your injuries, you likely have strong grounds upon which to file a personal injury lawsuit against them.
Who Can Be Held Liable for a Pedestrian Accident in San Antonio?
Depending on the circumstances of the pedestrian accident in question, you could potentially seek compensation from:
- The driver of the vehicle who hit you
- The driver’s employer, if the driver was on the job when the accident occurred
- Property owners, if you were injured in a parking lot or garage that was affected by dangerous or defective conditions which caused or contributed to the accident
- State and local governments which may be liable for a pedestrian accident caused by a poorly designed or maintained road or intersection
- Vehicle or auto part manufacturers, if the pedestrian accident was caused entirely or partially by a defect in the car that hit you
Statute of Limitations on Pedestrian Accident Lawsuits in San Antonio
According to Texas Civil Practice and Remedies Code section 16.003, you have only two years from the date of a pedestrian accident to file a lawsuit.
If you file your pedestrian accident lawsuit after the limitations period has expired, your case can be dismissed by the court regardless of how strong your underlying claim is. This is just one of the reasons why it is important to speak with a San Antonio pedestrian accident lawyer from Law Offices of Troy A. Brookover as soon as possible so that we have the time and leverage to build the strongest possible case on your behalf.
How Insurance Coverage Could Affect Your Pedestrian Accident Case
If you are hit by a motor vehicle, you could be entitled to pursue a claim for compensation against the driver and their insurance company. Depending on the circumstances, you could be entitled to file the following claims:
- Personal injury protection (PIP) coverage: Every car insurance provider in Texas is required to offer PIP coverage, although policyholders can choose to waive the coverage. PIP coverage provides money for financial losses that result from injuries suffered in an accident involving a passenger vehicle. PIP benefits are paid regardless of who may have been at fault for the accident.
- MedPay coverage: If you have purchased optional MedPay coverage, you can get additional compensation for medical expenses incurred to treat your injuries from a pedestrian accident.
Common Causes of Pedestrian Accidents in San Antonio
Some of the most frequent causes of pedestrian accidents in San Antonio include:
- Speeding
- Reckless driving, such as excessive speeding or street racing
- Distracted driving, particularly using a cell phone while driving
- Drowsy or fatigued driving
- Driving under the influence of alcohol or drugs
- Running red lights or stop signs
- Failing to yield at crosswalks or intersections
- Turning without using indicators
- Backing up without looking
- Inadequate vehicle maintenance, including failing to replace brakes or tires
- Vehicle defects
- Adverse weather conditions, including heavy rain, fog, or ice
- Insufficient lighting
- Poorly designed or maintained intersections
