San Antonio Pedestrian Accident Lawyer

What Is a Pedestrian Accident?

A pedestrian accident occurs when a person on foot is struck by a motor vehicle, such as a car, truck, SUV, motorcycle, or bus. These accidents can happen in crosswalks, intersections, parking lots, sidewalks, driveways, or residential neighborhoods. Because pedestrians lack the physical protection that vehicle occupants have, injuries can be severe.

Common injuries include broken bones, traumatic brain injuries, spinal cord damage, internal injuries, severe lacerations, and wrongful death. The effect of a collision depends on its mechanics, the medical findings, the course of treatment, and the impact on the injured person’s daily life.

Texas Pedestrian Laws and Right-of-Way

Texas Transportation Code Chapter 552 contains rules for pedestrians and drivers sharing the road. These rules can matter when evaluating fault, but right-of-way is fact-dependent. Signals, crosswalk location, visibility, vehicle speed, and the actions of everyone involved may all be relevant.

Key Texas pedestrian rules include:

• Crosswalk right-of-way: Under Section 552.003, when traffic-control signals are not in place or operating, a driver must stop and yield to a pedestrian crossing in a crosswalk in specified circumstances. A pedestrian also can’t suddenly leave a curb or other place of safety and enter the path of a vehicle that cannot stop safely.
• Traffic signals: Section 552.002 requires pedestrians to follow walk and don’t-walk signals where they are operating.
• Crossing outside a crosswalk: Section 552.005 addresses a pedestrian crossing outside a marked or unmarked crosswalk and generally requires the pedestrian to yield to vehicles in specified circumstances.
• Sidewalk usage: Section 552.006 addresses sidewalk use. When no accessible sidewalk is available, a pedestrian walking on a roadway generally must walk on the left side or shoulder facing oncoming traffic.
• Stopped vehicles: Drivers may not pass a vehicle that has stopped at a crosswalk to allow a pedestrian to cross.

A traffic-code violation can be evidence in a negligence claim, but it doesn’t resolve every liability question. Texas uses modified comparative responsibility, meaning a claimant’s damages can be reduced by their percentage of responsibility, and recovery is generally barred when that percentage is greater than 50 percent.

Common Causes of Pedestrian Accidents in San Antonio

Driver conduct, visibility, and roadway conditions often contribute to these collisions. The City of San Antonio’s Vision Zero program recognizes pedestrian safety as an important roadway safety concern and provides local crash-map resources for public review.

Common contributing factors include:

• Distracted driving, such as texting, using GPS, or adjusting in-car controls
• Speeding, especially in residential areas or near schools
• Failure to yield at crosswalks or intersections
• Running red lights or stop signs
• Drunk or drug-impaired driving
• Poor visibility, including nighttime driving or bad weather conditions
• Backing accidents in parking lots or driveways
• Unsafe road design, malfunctioning traffic signals, or inadequate lighting

Our investigation can include scene photographs, witness information, police or crash reports, vehicle damage, available surveillance footage, traffic-signal information, and medical records. When the circumstances call for it, we may use accident reconstruction to examine how the collision occurred.

Who May Be Liable for a Pedestrian Accident?

Liability depends on the specific facts of the case. In many situations, the driver who struck the pedestrian may be responsible because of negligent or reckless behavior. Other parties may also be relevant depending on ownership, control, employment, maintenance, product, roadway, and property facts.

Potentially responsible parties may include:

• Employers, if the at-fault driver was working at the time of the accident
• Government entities, for poorly maintained roads, missing signage, or malfunctioning traffic lights
• Vehicle manufacturers, if a defect contributed to the collision
• Property owners, in limited cases involving unsafe parking lots or premises

Claims involving government entities can involve different procedures, notice rules, or deadlines, so prompt case-specific review is important. We thoroughly investigate each collision to identify potentially liable parties and pursue the available claims.