San Antonio Pedestrian Accident Attorneys · 30+ Years in Texas

San Antonio Pedestrian Accident Lawyers

Struck by a driver while walking in San Antonio? Many pedestrians don't realize their own auto policy's PIP and UM/UIM coverage can apply. Patterson Law Group identifies every layer. Local San Antonio office.

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San Antonio office — local attorneys who pursue every available policy

Our San Antonio office at 926 Chulie Drive handles pedestrian-injury cases regularly. We know that PIP and UM/UIM on your own auto policy generally apply to a pedestrian struck by an at-fault driver — a coverage path many pedestrians and their families never realize they have. We also handle the Texas Tort Claims Act notice windows when a City of San Antonio or VIA Metropolitan Transit vehicle was involved. When you cannot come to the office, we come to you.

What to do after a San Antonio pedestrian crash

Get medical care immediately. Pedestrian-vs-vehicle crashes routinely produce concussions, internal bleeding, and fractures that take hours or days to fully present. San Antonio has University Health (the region's only Level I trauma center), Brooke Army Medical Center (Level I), Methodist Hospital, Baptist Medical Center, and Christus Santa Rosa. A documented medical visit creates a record the carrier cannot easily dispute later.
Capture the driver's information. Full name, license plate, insurance card photo, vehicle description, and direction of travel. If the driver fled, write down anything you remember as soon as possible.
Report the crash. SAPD handles inside-city crashes; Bexar County Sheriff handles unincorporated Bexar; DPS handles state highways and interstates. Get the case number.
Photograph the scene. The crash location, vehicle damage, road conditions, traffic controls, sight obstructions (parked cars, vegetation, construction barriers), and any visible injuries. Take photos from your line of approach AND from the driver's line of approach.
Find witnesses. Pedestrian cases turn on independent-witness testimony. Get a name and phone number before they leave.
Do not give a recorded statement to the at-fault driver's insurer. They will call within hours. Refer them to us. We send preservation-of-evidence letters to surrounding businesses for surveillance video, and to traffic-camera authorities for intersection footage.

Texas pedestrian law — what San Antonio pedestrians should know

Two-year statute of limitations

Texas Civil Practice & Remedies Code §16.003 gives you two years from the date of the crash. City of San Antonio, VIA, or other government-defendant claims may have Texas Tort Claims Act notice deadlines as short as six months.

Driver's duty toward pedestrians (§552.005)

Texas Transportation Code §552.005 imposes a duty on every driver to exercise due care to avoid colliding with a pedestrian — including a duty to sound the horn when necessary, and a duty to exercise proper precaution upon observing a child or any obviously confused, incapacitated, or intoxicated person.

Pedestrian right of way (§552.001 et seq.)

Texas Transportation Code Chapter 552 governs pedestrian right of way at crosswalks, intersections, and along roadways. Drivers must yield to pedestrians in a crosswalk on the driver's half of the roadway (and when so close to that half as to be in danger).

Modified comparative fault (§33.001)

You can recover damages as long as you are 50% or less at fault. The defense will push fault onto you — for crossing mid-block, walking in the roadway, or wearing dark clothing at night. We counter with sight-line and visibility evidence.

Paid or incurred medicals (§41.0105)

Limits medical-bill recovery to amounts paid or incurred. With Level I trauma stays at University Health or BAMC easily running into six figures, careful paid-or-incurred documentation matters.

PIP and UM/UIM cover pedestrians

Texas PIP coverage on your auto policy applies whether you were in a car or struck as a pedestrian. UM and UIM coverage on your auto policy also generally applies. A resident relative's policy may also apply. We map every available policy before any settlement.

Wrongful Death Act (Chapter 71)

If the pedestrian was killed, Texas Civil Practice & Remedies Code Chapter 71 gives surviving spouse, children, and parents the right to recover for loss of love, companionship, and financial support. A survival action under §71.021 belongs to the estate.

Exemplary damages (§41.003)

Available on clear and convincing evidence of fraud, malice, or gross negligence. DWI by the at-fault driver, criminal hit-and-run flight under §550.021, or knowing distraction at the wheel are the kinds of facts that support gross-negligence claims.

San Antonio pedestrian-crash hot spots

Pedestrian crashes in San Antonio cluster around entertainment districts, university zones, and along arterials that pedestrians regularly cross. The locations below show up repeatedly in our case files:

River Walk perimeter and downtown SA. The convention-center district, the Alamo plaza, and the Hemisfair district produce constant pedestrian-vehicle interaction with high tourist volume.
The Pearl District and Broadway corridor. Restaurant district drop-offs, mixed bike-pedestrian-rideshare traffic, and constant new construction.
The Medical Center and UTSA West campus. University-student and hospital-worker foot traffic crossing arterial streets.
St. Mary's Strip and the Tobin Hill / Five Points neighborhoods. Nightlife-district pedestrian volume.
King William District and Southtown. Restaurant and gallery foot traffic with dense surface streets.
South Side: Mission Trail and Mission Reach. Walking and recreational traffic crossing surface streets.
Loop 410 and Loop 1604 arterial crossings. Frontage-road pedestrian crashes at major exits.
VIA bus-stop perimeters. Boarding and alighting pedestrian crashes at high-volume stops on Houston Street, Commerce Street, and Roosevelt Avenue.

Where San Antonio pedestrian cases are heard

Bexar County

Civil personal injury cases in Bexar County are heard at the Bexar County Justice Center, 300 Dolorosa Street, San Antonio. The 37th, 45th, 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th, 288th, 407th, 408th, and 438th District Courts handle the civil docket.

Surrounding counties

Comal County (New Braunfels), Guadalupe County (Seguin), and Kendall County (Boerne) cases go to their respective county courthouses.

Federal court (W.D. Tex.)

Cases with diversity of citizenship can be filed in the United States District Court for the Western District of Texas, San Antonio Division.

Other San Antonio injury cases we handle

Common questions from San Antonio pedestrian clients

What is the deadline to file a San Antonio pedestrian accident lawsuit?

Two years from the date of the crash under Texas Civil Practice & Remedies Code §16.003. If the pedestrian was killed, the wrongful-death statute of limitations is also two years from the date of death (§16.003(b)). Claims involving the City of San Antonio, VIA Metropolitan Transit, or other governmental entities can trigger Texas Tort Claims Act notice deadlines as short as six months.

Can I recover if I was crossing outside a crosswalk in San Antonio?

Yes, in many cases. Texas Civil Practice & Remedies Code §33.001 applies a modified comparative-fault rule: you can recover as long as you are 50% or less at fault. Drivers in Texas still owe a duty of reasonable care to avoid pedestrians, including those crossing mid-block. Texas Transportation Code §552.005 imposes a duty to exercise due care toward pedestrians on the driver of any vehicle. The carrier will argue otherwise — we push back with sight-line photographs and the physical evidence.

Does my own auto insurance cover me as a pedestrian struck by a driver?

Often yes — and people are routinely surprised by this. Texas Personal Injury Protection (PIP) on your auto policy applies to you and resident relatives whether you were driving, riding as a passenger, on a bike, or struck as a pedestrian. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on your auto policy also generally applies to a pedestrian struck by an at-fault driver who is uninsured or under-insured. A resident relative's policy may also apply.

What if the driver who hit me ran from the scene?

Texas treats a hit-and-run with an unidentified driver as an Uninsured Motorist claim when there is corroborating evidence — independent witness testimony, surveillance video, or physical contact with the phantom vehicle. We pursue surveillance footage from nearby businesses, traffic-camera video, and witness IDs. Texas Transportation Code §550.021 makes leaving the scene of an injury crash a felony, and a criminal hit-and-run conviction can support exemplary damages under §41.003 in the civil case.

Are there special damages available if my loved one was killed as a pedestrian?

Yes. Texas wrongful-death law under Civil Practice & Remedies Code Chapter 71 allows the surviving spouse, children, and parents to recover for loss of love, companionship, and financial support. A survival action under §71.021 also belongs to the estate for the pain, suffering, and medical bills the deceased experienced before death.

Where will my San Antonio pedestrian case be filed?

Most Bexar County civil cases are filed at the Bexar County Justice Center, 300 Dolorosa Street, San Antonio, TX 78205. The 37th, 45th, 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th, 288th, 407th, 408th, and 438th District Courts handle the civil docket. Cases involving city-owned property or vehicles may also implicate the Texas Tort Claims Act, which has a short notice deadline — sometimes as little as six months.

What if I was partially at fault?

Texas follows modified comparative fault under §33.001. You can recover damages as long as you are 50% or less at fault. Your recovery is reduced by your percentage of fault. Drivers and their insurers routinely push fault onto pedestrians — we counter with sight-line evidence, lighting and visibility analysis, and reconstruction when the case warrants it.

How much does it cost to hire Patterson Law Group for a pedestrian case?

Nothing up front. We take pedestrian-injury cases on contingency — you pay no attorney fees unless we recover for you. The consultation is free and confidential, and we advance investigation, expert, and litigation costs out of pocket until the case resolves. Our San Antonio office is at 926 Chulie Drive, San Antonio, TX 78216. Se habla español.

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