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
Benefits of Hiring A Skilled Pedestrian Accident Lawyer
When you work with the Law Offices of Troy A. Brookover, you can rest assured that the details of your case are being handled with diligence and skill while you focus on your treatment and recovery. Troy is prepared to advocate on your behalf by:
- Securing evidence that we can use to build an effective, persuasive claim on your behalf
- Identifying liable parties and applicable insurance coverage, including coverage per your own insurance policies
- Discussing your legal options with you and explaining what to expect at each stage of the case
- Documenting your injuries and losses to calculate the compensation to which you’re entitled
- Preparing and filing your insurance claims and any other necessary paperwork
- Pursuing a negotiated settlement that provides you with fair and full financial recovery
- Taking your case to court if it becomes the best option for your situation
Compensation You Could Recover After a Pedestrian Accident
The types and amount of compensation you could be owed depend on the circumstances of the accident in which you were injured and may include:
- Medical expenses, including ER and hospital bills, doctor’s appointments, surgeries and other medical procedures, and prescription medications
- Costs of future medical care, including future anticipated medical procedures, rehabilitation, and long-term home health services
- Medical equipment, such as crutches or wheelchairs
- Lost wages if you take time off your job to recover from your pedestrian accident injury
- Diminished future income, including loss of job benefits like health insurance or growth of pension value if you cannot return to work after the accident
- Disability and disfigurement that impacts your ability to partake in activities or that causes you emotional distress
- Pain and suffering
- Exemplary damages, or punitive damages, which may be awarded in a pedestrian accident lawsuit if the accident occurred due to the at-fault party’s egregious behavior
Statute of Limitations on Pedestrian Accident Lawsuits in San Antonio
Insurance companies are motivated to negotiate accident settlements because the alternative is the potentially costly and drawn-out process of contesting a lawsuit. However, there’s a strict time limit on this leverage, as the statute of limitations in Texas puts a deadline on how much time accident victims have in which to pursue legal and financial recourse in court. Typically, victims 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 the 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.