Downtown San Antonio offers numerous attractions and events that draw pedestrian traffic. Unfortunately, that also increases the risk of pedestrian accidents. One recent study found that San Antonio ranked as the seventh-deadliest city for pedestrians in the United States, and police reported that 841 pedestrian collisions occurred in the city in a single year alone.
People injured in pedestrian accidents in San Antonio may be eligible for compensation under Texas law. Knowing your rights is the first step toward protecting your health, finances, and path forward.
The Unique Hazards of Downtown San Antonio
San Antonio draws around 39 million visitors every year, and over three million make overnight stays. Downtown attractions like the 15-mile River Walk and the Alamo create heavy foot traffic and drivers who may be distracted or unfamiliar with the area. Additionally, intersections near I-35 and I-10 see elevated pedestrian activity, which can make them more prone to traffic accidents.
Texas Right-of-Way Laws and the Lisa Torry Smith Act
Texas law requires drivers to stop and yield to pedestrians who are lawfully in a crosswalk, including when a pedestrian has a “walk” signal or is crossing where no traffic signal is operating. Drivers must yield when the pedestrian is on the driver’s half of the road or close enough from the opposite half to be in danger.
In 2021, the Lisa Torry Smith Act strengthened these pedestrian rights in Texas by changing prior “yield” language to “stop and yield” and making it a criminal offense for a driver to negligently injure a pedestrian or other vulnerable road user in a crosswalk.
What Is Modified Comparative Negligence in Texas?
In Texas, injured pedestrians may be able to recover compensation even if they are partially responsible for an accident. Under the state’s modified comparative negligence law, a person can still recover damages as long as they are found no more than 50 percent at fault. However, their total amount of compensation will be reduced in proportion to their percentage of fault. If you were more than 50 percent responsible, the court will bar you from financial recovery.
Immediate Steps to Protect Your Pedestrian Accident Claim
After a pedestrian accident, you need to act quickly to protect your legal rights and injury claim.
Here’s what to do:
- Call 911 to report the collision.
- Exchange information with the at-fault driver.
- Don’t speculate on fault when speaking to the driver, the police, or the insurance company. Just stick to the basic facts.
- Seek medical treatment, even if your injuries seem minor.
- Contact a San Antonio pedestrian accident lawyer to discuss your next steps.
Contact a Local San Antonio Advocate Today
If you got hit by a car while out walking, you need an experienced San Antonio pedestrian accident lawyer from The Patel Firm in your corner. We focus exclusively on personal injury cases and have a proven track record in complex pedestrian accident cases, including one $750,000 award for a past client. Past results do not guarantee similar outcomes.
Our legal team is available 24/7 to take your call, and we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Contact us today for a free consultation.
