When a driver hits a pedestrian, the pedestrian always comes out worse. The injuries are serious, the recovery is long, and the bills arrive before you have had a chance to breathe.
If this happened to you or someone you love, Omega Law Group Accident & Injury Attorneys wants to help. Since 2016, our San Antonio personal injury lawyers have been putting clients first across Texas, bringing decades of combined legal experience to cases that matter.
Our San Antonio pedestrian accident lawyers handle your entire claim and never charge a fee unless we win your case. Let our family take care of your family.
Can a San Antonio Pedestrian Accident Attorney Help Me With My Insurance Claim?
Yes, and in most cases, having an experienced San Antonio attorney handle your pedestrian accident insurance claim makes a difference in what you ultimately recover.
Here is the honest reality: filing an insurance claim after a pedestrian accident is not the same as filing a claim after a minor fender bender. The injuries are more serious, the medical bills are higher, and the insurance company has more financial motivation to limit what it pays.
That combination makes having professional help on your side genuinely valuable, not just convenient.
What the Insurance Company Is Actually Trying to Do
After a pedestrian accident, the negligent driver’s insurance company will get involved quickly. An insurance adjuster may reach out within days, sometimes hours, offering sympathy and a settlement figure that sounds like help. It is not helpful. It is a business decision. Insurance companies are not on your side.
They earn more money by paying out less on claims, and the insurance adjuster assigned to your case is trained specifically to protect the company’s bottom line, not to make sure you are fully compensated for what you have been through. The faster they can close your claim and the less they pay to do it, the better the outcome is for them.
Common tactics insurance companies use in pedestrian accident cases include:
- Disputing fault: The insurance adjuster may argue that their driver was not fully responsible, or use comparative negligence rules to shift some of the blame onto you, which reduces the amount they have to pay.
- Offering a quick settlement: Early settlement offers are almost always lower than what your case is actually worth. They are designed to close your claim before the full extent of your injuries is known and before you have had a chance to speak with a personal injury attorney.
- Requesting a recorded statement: An insurance adjuster may ask you to give a recorded account of what happened. These recordings are used to find inconsistencies and create doubt about the seriousness of your injuries or the circumstances of the accident.
- Combing through your medical records: Insurers sometimes request broad access to your medical history, looking for pre-existing conditions they can use to argue that your injuries were not caused by the accident.
- Delaying the process: In some cases, insurers deliberately slow down communication and claims processing, hoping that financial pressure will push you toward accepting a lower settlement than you deserve.
Having a personal injury attorney handle all communication with the insurance company protects you from these tactics from the very first contact. Once we are involved, the insurance adjuster deals with us, not you, and every offer gets evaluated against what your case is genuinely worth.
What a Lawyer Does on the Insurance Side of Your Case
A San Antonio pedestrian accident attorney can take over the parts of the process that most people find the most confusing and the most stressful.
We Handle All Communication With the Insurance Adjuster
Once you have legal representation, you stop taking calls from the insurance company. We speak on your behalf, respond to requests for information, and make sure nothing you say is used against your claim.
We Know What Your Claim Is Actually Worth
Insurance adjusters are trained to offer settlements that close cases quickly and cheaply. Most people do not know what their pedestrian accident case is actually worth, which is exactly what insurers count on.
We evaluate the full picture, including your medical bills, future medical treatment, lost wages, pain and suffering, and the long-term impact of your injuries, and negotiate from that number, not from the insurance company’s opening offer.
We Push Back on Comparative Negligence Arguments
Texas comparative negligence laws give insurance companies room to argue that you share some responsibility for the accident. The more fault they can assign to you, the less they have to pay. We anticipate this tactic and build our response to it early.
That means gathering witness statements, thoroughly documenting driver negligence, and in cases where the sequence of events is disputed, working with an accident reconstructionist to establish an accurate, evidence-based account of what actually happened.
We Review Your Medical Records Carefully
Insurance companies sometimes use gaps in treatment or pre-existing conditions found in your medical records to argue that your injuries are not as serious as you claim, or that they were not caused by the accident.
We evaluate your medical records before the insurance company does and address any issues proactively.
We Know When to Negotiate and When to File a Lawsuit
Most pedestrian accident cases resolve through negotiation without going to court. When the insurance company refuses to offer a fair settlement, we are prepared to take the next step and file a personal injury claim in court. Insurance companies respond differently to attorneys who are genuinely willing to litigate than to those who are not.
What Happens if You Handle It Alone
People who handle their own insurance claims after a pedestrian accident often settle for less than their case is worth, sometimes significantly less. They give recorded statements that are later used against them.
They accept early offers before the full extent of their brain injuries, spinal cord injuries, or internal injuries is known. And they miss details in their medical records or documentation that a trained attorney would have caught.
None of that is a criticism. The insurance process is genuinely complicated, and it is designed in ways that favor the insurer. If you’ve been seriously injured, it is worth it to hire an accident attorney.
What Your Personal Injury Claim Can Cover
If a negligent driver caused your pedestrian accident, you may be entitled to compensation for both the financial costs and the personal impact of what happened.
Economic Damages
We can support your request for losses that have a straightforward dollar value, such as:
- Medical bills: Every cost related to your medical treatment, from emergency care and surgery to physical therapy and future medical needs
- Lost wages: Income lost while you were unable to work during recovery
- Loss of earning capacity: If your injuries affect your ability to return to your previous work long-term
Non-Economic Damages
Some losses are less tangible and don’t come with a direct monetary value, and we can also help you seek compensation for those. Examples include:
- Pain and suffering: Compensation for the physical pain your injuries have caused
- Emotional distress: The psychological impact of a serious accident and a difficult recovery
- Loss of enjoyment of life: If your injuries have changed what you are able to do day to day
Injuries We See in Pedestrian Accident Cases
Pedestrians have no protection when a collision happens. No airbag, no crumple zone, no seatbelt. When a negligent driver strikes someone on foot, the human body absorbs the full force of the impact. That is why pedestrian accident cases so often involve injuries that are severe, life-altering, and expensive to treat.
The physical consequences can show up immediately or develop over hours and days. Either way, getting medical attention right away is one of the most important things you can do, both for your health and for your personal injury claim.
Injuries we frequently see in pedestrian accident cases include:
- Brain Injuries: Head injuries are among the most serious outcomes of a pedestrian accident. Even when there is no visible wound, the force of impact can cause the brain to move inside the skull, leading to a traumatic brain injury. Symptoms like headaches, confusion, memory loss, and mood changes can appear gradually.
- Spinal Cord Injuries: Spinal cord injuries range from herniated discs that cause chronic pain to more severe damage that affects mobility and sensation permanently. Pedestrian accident cases involving spinal cord injuries often require long-term medical treatment, surgeries, and ongoing rehabilitation that can continue for years.
- Internal Injuries: Internal injuries are particularly dangerous because they are not always visible. Internal bleeding and internal organ damage can develop or worsen over hours after the accident, while the person still feels relatively okay on the outside.
- Broken Bones: Fractures are extremely common in pedestrian accidents. Legs, arms, hips, and ribs are all vulnerable when a person is struck by a vehicle. Some fractures heal with rest and immobilization, while others require surgery and extended physical therapy.
- Soft Tissue Injuries: Muscles, tendons, and ligaments can all be seriously damaged in a pedestrian-vehicle collision, even when the injury does not show up on an X-ray. These injuries are often underestimated initially but can cause lasting pain and significantly limit mobility.
Understanding Your Injuries Is Part of Our Job
Pedestrian accident injuries cover a wide range, from soft tissue damage that seems manageable at first to brain injuries and spinal cord injuries that can reshape your entire life. The nature and severity of your injuries directly affect what your personal injury claim is worth.
Our pedestrian accident lawyers in San Antonio work with medical professionals to make sure your injuries are properly documented through your medical records, accurately valued, and clearly presented. The insurance company will work hard to minimize what they pay. We work just as hard in the other direction.
Texas Statute of Limitations for Pedestrian Accident Cases
In Texas, you generally have two years from the date of your pedestrian accident to file a personal injury claim (Tex. Civ. Pract. & Proc. Code § 16.003). Missing the statute of limitations deadline means losing your right to pursue compensation entirely, regardless of how strong your case is.
Two years sounds like a long time, but pedestrian accident cases require thorough investigation, careful review of medical records, and detailed documentation of your losses. Starting early gives your case the strongest possible foundation.
I’m Not Sure I Can Afford An Attorney
When you are already dealing with medical bills, missed work, and the stress of recovering from a serious injury, the idea of adding legal fees to the pile can feel like too much.
Our firm works on a contingency fee basis. You do not pay anything up front to work with us. Our fee comes out of the settlement or verdict we win for you, and only if we win. If we do not recover compensation for you, you do not owe us anything.
This arrangement exists specifically so that people who have been seriously hurt can access experienced legal representation without worrying about how they are going to pay for it. You should not have to go without a lawyer simply because a negligent driver’s carelessness left you with unexpected expenses.
Contact Our San Antonio Pedestrian Accident Lawyers for a Free Consultation
Pedestrian accident victims in San Antonio deserve more than a quick settlement that barely covers their medical costs. Whether your accident happened near the River Walk, at a busy intersection, or anywhere a driver failed to follow traffic laws, you have the right to pursue fair compensation.
The settlement negotiations process can be complicated, and insurance companies are experienced at making lowball offers sound reasonable. That is exactly why immediate legal representation matters.
Our pedestrian accident attorneys in San Antonio are ready to review your case, explain your options honestly, and fight for everything you are owed. Find out today if you have grounds for a personal injury case. Contact Omega Law Group today and let our family take care of your family.