Struck While Walking or Biking in San Antonio? We Fight for Vulnerable Road Users.

There is a profound vulnerability to navigating San Antonio’s streets on foot or by bicycle. Whether you’re walking to a downtown shop, crossing to catch a bus, or enjoying a weekend ride on the Mission Reach trail, you have every right to expect safety. When a negligent driver fails to yield, speeds through a crosswalk, or is distracted behind the wheel, the impact is catastrophic. As a pedestrian or cyclist, you have no metal frame, no airbags—your body absorbs the full, devastating force of the collision. The resulting injuries—traumatic brain damage, spinal cord trauma, complex fractures, and internal injuries—are often life-altering.

At Barton & Associates, Attorneys at Law, we are dedicated advocates for San Antonio pedestrian and bicycle accident victims. We understand the unique dynamics of these crashes, the severe injuries they cause, and the unfair bias victims often face from insurance companies quick to blame the person outside the vehicle. Our legal team fights to enforce the rights of walkers and cyclists under Texas law, holding careless drivers, commercial fleets, and even negligent city planners fully accountable for the harm they cause.

The Harsh Reality: Why These Crashes Cause Catastrophic Harm

The physics are unforgiving. When a 3,000-pound vehicle strikes a human body at any speed, the results are devastating. Common scenarios on San Antonio roads include:

• Crosswalk & Intersection Accidents: The most frequent cause, where a driver turns right on red without looking, runs a red light, or fails to stop at a marked crosswalk.
• “Failure to Yield” Turning Accidents: Drivers making left turns are often focused on oncoming car traffic and completely miss pedestrians or cyclists in the crosswalk with the right-of-way.
• Distracted Driving Accidents: A driver looking at a phone, GPS, or infotainment system simply does not see a person crossing the street or riding a bicycle.
• DUI/DWI Accidents: Impaired drivers have slowed reaction times and poor judgment, making them exceptionally dangerous to anyone not inside a vehicle.
• Hit-and-Run Accidents: Cowardly drivers who flee the scene leave victims without aid and complicate the claims process.
• Parking Lot & Driveway Accidents: Low-speed backing collisions that can still cause serious injury to pedestrians, especially children and the elderly.
• Dooring Accidents (Cyclists): A parked driver opens their car door directly into the path of a cyclist, causing a violent crash.

Texas Law & Your Rights: Understanding Right-of-Way

Knowing the law is the first step in protecting your rights. Texas Transportation Code clearly grants rights to pedestrians and cyclists:

• Crosswalk Right-of-Way: Drivers must yield to pedestrians in marked crosswalks and at intersections (which are legally considered unmarked crosswalks).
• Traffic Signal Compliance: Pedestrians must obey “WALK/DON’T WALK” signals. However, a driver who has a green light must still yield to any pedestrian lawfully within the intersection.
• Bicycle Rights on the Road: Cyclists have the same rights and duties as drivers of vehicles. They are legally entitled to a full lane of traffic when necessary for safety and must be given at least three feet of clearance when being passed by a motor vehicle.

Despite these clear laws, insurance companies will aggressively look for any reason to assign blame to the victim. They may claim you were “jaywalking,” riding against traffic, wearing dark clothing, or not using a bike light. Our job is to counter these tactics. We investigate to prove the driver violated their duty of care, regardless of any alleged contributory actions. Under Texas’s modified comparative fault rule (51% Bar), you can still recover damages as long as you are not found 51% or more at fault.

Critical Steps to Take After a Pedestrian or Bicycle Crash in San Antonio

Your actions in the immediate aftermath can protect your health and strengthen your legal claim.

1. Call 911 & Seek Immediate Medical Care: This is paramount. Adrenaline can mask severe injuries. A police report and an EMS/ER record are vital evidence that links the crash to your injuries.
2. Document the Scene Extensively: If you are able, use your phone to photograph:
   1. The exact location of the impact, crosswalk markings, and traffic signals.
   2. Damage to the vehicle and any property (like your bicycle, helmet, or personal items).
   3. The driver’s license, insurance, and license plate.
   4. Road conditions, lighting, and any skid marks.
   5. Your visible injuries.
3. Identify Witnesses: Get names and contact information from anyone who saw the crash. Their independent account is crucial.
4. Preserve All Evidence: Do not repair or clean your bicycle, clothing, or helmet. They may contain critical forensic evidence.
5. Limit Discussion: Do not discuss fault with the driver or give a statement to their insurance company. They may twist your words. Provide facts only to the police.
6. Contact a Specialized Attorney Before Dealing with Insurance: Call Barton & Associates immediately. We will communicate with insurers, protect you from manipulative tactics, and begin preserving evidence that may disappear.

How Barton & Associates Builds a Powerful Case for Pedestrians & Cyclists

We employ a strategic, victim-centered approach designed to overcome bias and prove liability:

• Immediate Evidence Preservation: We act swiftly to secure traffic camera footage from the City of San Antonio or local businesses, dashcam footage from witnesses, and data from the vehicle’s Event Data Recorder (“black box”) that can show speed, braking, and distraction.
• Thorough Crash Reconstruction: We work with experts in pedestrian and bicycle accident dynamics to reconstruct the scene. They can demonstrate sight lines, stopping distances, and prove the driver had time to see you and avoid the crash.
• Investigation of Driver Negligence: We subpoena cell phone records to prove distraction, obtain driver history, and check for impairment.
• Third-Party Liability Investigations: In some cases, others share blame. We investigate whether:
  • A government entity is liable for a dangerous road design (e.g., a missing crosswalk, poor lighting, obscured signs).
  • A commercial driver’s employer is liable under respondeat superior for their employee’s negligence.
  • A vehicle manufacturer is liable for a defect (e.g., faulty brakes or defective automatic emergency braking systems).
• Comprehensive Damages Calculation: We partner with economists and life-care planners to document the full lifetime impact of catastrophic injuries common in these crashes:
  • Past and Future Medical Expenses: Surgeries, rehabilitation, home health care, and adaptive equipment.
  • Lost Wages & Loss of Earning Capacity
  • Physical Pain & Suffering and Mental Anguish (PTSD, anxiety, depression)
  • Disfigurement & Permanent Disability
  • Loss of Enjoyment of Life

The Barton & Associates Difference: Compassionate, Tenacious Advocacy

Choosing the right legal team is critical. We offer what injured pedestrians and cyclists truly need:

• Fierce Protection Against Bias: We are relentless in challenging the insurance company’s narrative that blames the victim. We fight to place responsibility where it belongs: on the inattentive driver.
• Resources to Take on All Parties: We have the experience and financial resources to investigate complex cases involving government entities or large corporations.
• Client-Centered Communication: You will work directly with your attorney. We keep you informed, answer your questions in plain English (or Spanish), and provide compassionate support throughout your recovery.
• Trial-Ready Resolve: We prepare every case for trial. Insurance companies know we will not back down, which gives us powerful leverage to negotiate the full settlement you deserve.

Don’t Let an Insurance Company Devalue Your Life-Altering Injury

In the days after the crash, an adjuster may call with a “quick offer” to settle your claim. This offer will be a fraction of what your case is worth, calculated before you even know the full extent of your injuries or future needs. Accepting it can be a catastrophic financial mistake that leaves you without the resources for lifelong care.

At Barton & Associates, we stop this exploitation. We handle all communication, allowing you to heal. Our goal is a settlement or verdict that truly reflects the cost of your medical needs, your lost income, your pain, and the permanent changes to your life and family.

Contact Our San Antonio Pedestrian & Bicycle Accident Law Firm Today

If you or a loved one has been seriously injured or killed by a negligent driver while walking or biking in San Antonio, Bexar County, or the surrounding Hill Country, you need a specialist on your side immediately. Critical evidence disappears within days, and Texas law sets strict deadlines for filing claims.

Your vulnerability on the road does not make you weak in the eyes of the law. It makes the driver’s responsibility greater.

Call Barton & Associates, Attorneys at Law, now at 210-500-0000 for a free, no-obligation consultation. We will listen to your story, explain your rights, and begin the fight for the justice and compensation you need to rebuild your life.

Main Category: Personal Injury
Practice Area Category: Motor Vehicle Accidents
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000