Pedestrian Accident Attorney in San Antonio

Common Causes of Pedestrian Accidents in San Antonio

Most pedestrian crashes trace back to driver behavior. Distracted driving, including phone use behind the wheel, is one of the leading causes of vehicle-pedestrian collisions in Texas. Impaired driving compounds the risk, reducing a driver’s reaction time and ability to see someone on foot, particularly after dark.

Speed plays a significant role as well. A driver traveling above the posted limit has far less time to stop before reaching a pedestrian in or near a crosswalk. Failure to yield at marked crosswalks and intersections is another common cause, one that Texas pedestrian right-of-way laws are designed to prevent.

Not every contributing factor involves driver negligence alone. Poor infrastructure, including broken sidewalks, defective traffic signals, and inadequately marked crossings, can also set the conditions for a crash. When that infrastructure is the responsibility of a city or government agency, liability may extend beyond the driver.

Common Pedestrian Accident Injuries

Pedestrians have virtually no protection from a vehicle’s force, and the injuries that result tend to be more severe than those sustained by vehicle occupants in comparable crashes.

• Traumatic brain injuries (TBI): Symptoms aren’t always immediate, and long-term neurological effects can be significant. TBI is among the most serious outcomes in pedestrian collisions.
• Spinal cord injuries: Damage to the spine can result in partial or complete paralysis requiring lifelong medical care and support.
• Bone fractures: Fractures of the legs, pelvis, and ribs are common, often requiring surgery and extended rehabilitation.
• Internal injuries: Organ damage and internal bleeding may not be visible at the scene but can become life-threatening without prompt treatment.
• Wrongful death: When a pedestrian accident is fatal, surviving spouses, children, and parents may have grounds for a wrongful death claim.

Who Can Be Held Liable for a Pedestrian Accident in San Antonio, TX?

The driver who caused the crash is most often the one at fault, but liability doesn’t always stop there. If defective infrastructure contributed to the collision, such as a non-working traffic signal or a missing crosswalk, the City of San Antonio or another municipal entity may share responsibility. Claims against a government entity are subject to the Texas Tort Claims Act, which generally requires written notice of injury within 180 days of the accident, a deadline significantly shorter than the standard two-year window for personal injury claims.

Texas follows a modified comparative fault rule. Under that framework, a pedestrian’s recoverable damages are reduced by their percentage of fault, and a pedestrian found to be 51% or more at fault generally cannot recover. Insurance companies are well aware of this rule and frequently attempt to assign partial fault to the pedestrian to limit their exposure. 

In hit-and-run cases, where the at-fault driver is unidentified, the injured pedestrian’s own uninsured motorist coverage may provide a source of compensation worth exploring.

Damages You May Be Able to Pursue

Texas law allows injured pedestrians to seek compensation across several categories. No attorney can guarantee a specific outcome, but the types of damages typically at issue in these cases include:

• Medical expenses: Past and future costs for hospitalization, surgery, rehabilitation, and ongoing care
• Lost wages and earning capacity: Income lost during recovery, and reduced ability to earn in the future if the injuries are permanent
• Pain and suffering: Physical pain and emotional distress resulting from the accident and its aftermath
• Wrongful death damages: Funeral expenses, loss of financial support, and loss of companionship for surviving family members
• Punitive damages: Awarded in rare cases involving gross negligence or intentional misconduct by the at-fault driver

The value of any claim depends on the severity of the injuries, their effect on the victim’s daily life and work, and the strength of the evidence establishing fault. Every situation is different.

Steps to Take After a Pedestrian Accident in San Antonio

What you do in the hours and days after a crash can significantly affect your ability to recover compensation. A few steps matter most.

Seek Medical Attention Immediately
Some serious injuries, including traumatic brain injuries and internal bleeding, may not be immediately apparent. Medical documentation from the date of the accident also creates a direct record connecting the crash to your injuries.

Call 911 and Request a Police Report
A police report is a foundational piece of evidence in any personal injury claim. Get the responding officer’s name and report number before leaving the scene.

Document the Scene
If you’re able, photograph the location, the vehicle, visible injuries, and any road or signal conditions that may have contributed. Collect the driver’s information and the names and contact details of any witnesses.

Don’t Give a Recorded Statement to the Insurance Company
Adjusters may contact you quickly. Their goal is often to gather information that can be used to assign partial fault. Speak with an attorney before giving any recorded statement.

Act Within the Legal Deadlines
Texas law generally gives injured pedestrians two years from the date of the accident to file a personal injury lawsuit under Texas Civil Practice and Remedies Code Section 16.003. In wrongful death cases, the two-year window typically runs from the date of death. If a government entity is involved, the Texas Tort Claims Act generally requires written notice within 180 days of the accident, a much earlier deadline that may bar recovery if missed.

Acting quickly also protects evidence. Surveillance footage is often overwritten within days. An attorney can send preservation letters, interview witnesses, and document conditions before they change.