After a pedestrian accident in San Antonio, determining liability is a complex process that centers on one question: Who failed to exercise reasonable care under Texas law? Because pedestrians have no physical protection against a motor vehicle, these collisions often result in life-altering injuries.

In many cases, a driver is held responsible due to speeding, distraction, or a failure to yield. However, Texas legal standards also account for the actions of the pedestrian and, in some cases, third parties. Understanding the statutes governing right-of-way and the state’s fault system is the first step toward securing compensation for medical bills, lost wages, and long-term recovery.

The Standard of “Reasonable Care” and Negligence

In Texas, liability in a personal injury case is built on the concept of negligence. Drivers have a “duty of care” to operate their vehicles safely. When a driver breaches this duty, perhaps by texting while driving or failing to scan a crosswalk, and that breach causes an injury, they are legally negligent.

According to the Texas Department of Transportation (TxDOT), pedestrian fatalities have risen significantly in recent years. In urban centers like San Antonio, these accidents are frequently linked to high-traffic corridors and intersections where driver vigilance is most required.

Right-of-Way Laws Under the Texas Transportation Code

Texas law outlines specific duties for both drivers and pedestrians. Key statutes include:

  • Drivers Yielding to Pedestrians: Under Texas Transportation Code § 552.003, a driver must yield the right-of-way to a pedestrian crossing the roadway in a marked or unmarked crosswalk at an intersection if there is no traffic control signal in place or in operation.
  • Pedestrians Yielding to Vehicles: Conversely, Texas Transportation Code § 552.005 states that a pedestrian shall yield the right-of-way to a vehicle if they are crossing a roadway at a point other than within a marked crosswalk or an unmarked crosswalk at an intersection.
  • The “Due Care” Requirement: Even if a pedestrian is crossing illegally (jaywalking), Texas Transportation Code § 552.008 mandates that “the operator of a vehicle shall exercise due care to avoid colliding with a pedestrian on a roadway.” A driver cannot simply hit a pedestrian because they are in the wrong place if the driver had the opportunity to avoid the collision.

Texas Modified Comparative Fault: The 51% Bar

Texas follows a “Modified Comparative Fault” system under Texas Civil Practice and Remedies Code Chapter 33. This means that responsibility for an accident can be shared between the driver and the pedestrian.

Here is how it works:

  1. Percentage of Fault: A jury or insurance adjuster assigns a percentage of fault to each party.
  2. The 51% Bar: An injured pedestrian can recover damages as long as their own responsibility for the accident is not more than 50%.
  3. Proportional Reduction: If you are found to be 20% at fault (perhaps for crossing outside of a crosswalk), your total compensation will be reduced by 20%. If you are found to be 51% or more at fault, you are barred from recovering any compensation from the driver.

Potential Liable Parties Beyond the Driver

While the driver is the most common defendant, other parties may be liable depending on the circumstances:

  • Employers: If the driver was operating a commercial vehicle or was “within the scope of employment” at the time of the crash, the employer may be liable under the doctrine of respondeat superior.
  • Government Entities: If a malfunctioning traffic light or poorly designed roadway contributed to the accident, the City of San Antonio or the State of Texas might be held responsible, though these claims involve strict notice requirements and sovereign immunity issues.
  • Alcohol Providers: Under the Texas Dram Shop Act, a bar or restaurant may be liable if they over-served an obviously intoxicated person who then struck a pedestrian.

The Importance of Evidence in San Antonio Claims

To overcome the “comparative fault” defense, strong evidence is required. At the scene and in the days following, critical information includes:

  • Police Crash Reports: Investigating officers often note if a driver was speeding or distracted.
  • Surveillance and Dashcam Footage: Many San Antonio businesses and vehicles capture high-quality footage of intersections.
  • Cell Phone Records: These can prove a driver was distracted by a call or text at the exact moment of impact.
  • Medical Experts: To document the severity of the “force of impact” and the resulting orthopedic or neurological trauma.

Statute of Limitations in Texas

In Texas, the statute of limitations for a personal injury claim is generally two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003. If you miss this deadline, your right to seek compensation is almost always permanently lost.

Seeking Legal Guidance in San Antonio

Pedestrian accident claims involve high stakes and aggressive insurance defense tactics. Protecting your rights requires a thorough investigation of the facts and an aggressive application of the Texas Transportation Code.

The team at The Julio Law Firm, PLLC focuses on helping injury victims navigate the legal process after serious accidents. We understand the local roadways in San Antonio and the specific challenges pedestrians face in our city.

If you or a loved one was injured in a pedestrian accident, contact The Julio Law Firm, PLLC at (210) 775-4878 or visit our contact page for a comprehensive case evaluation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.