Texas Accident & Injury News
When do pedestrians have the right of way?
6 Pedestrians Hospitalized After Suspected Drunk Driver Hits Them in Crosswalk
According to a KSAT News report, a suspected drunk driver sent six pedestrians to the hospital early this morning.
Police reported the accident happened at around 1 a.m. on May 15th, at the intersection of Hopkins and LBJ in San Marcos. Officers responded to a crash where a truck had hit a group of six pedestrians crossing in a crosswalk. Five of the pedestrians were taken to the hospital via ambulance, one via private vehicle. None of the injuries reported were life-threatening. The driver, 24-year-old Enrique Gutierrez-Field, remained at the scene. He was found to be intoxicated and was arrested by SMPD and is facing multiple charges.
Did You Know?
1,514 accidents in Texas in 2024 were caused by vehicles failing to yield the right-of-way to pedestrians.
When to Cross and What to Do After a Pedestrian Accident in San Antonio
San Antonio is a beautiful city to walk in, and with recently improved infrastructure, it’s becoming more and more popular to do so.
However, traffic has also significantly increased in recent years, as has road construction, putting pedestrians at risk. It’s critical that you know when to cross, when vehicles have the right of way, and what to do if you’re involved in a pedestrian accident.
Do Pedestrians Always Have the Right of Way?
Drivers are required at all times to exercise reasonable care, doing everything in their power to avoid an accident. This is true even if a pedestrian is doing something illegal—drivers must yield to avoid hurting them if they are able to.
This has led to a common misconception that pedestrians ALWAYS have the right of way over vehicles. However, this is not true.
In Texas, pedestrians are required to yield the right-of-way to vehicles when:
- Don’t Walk/Flashing Don’t Walk Sign is Present — It is illegal for a pedestrian to begin crossing at a marked crosswalk if the don’t walk signal is flashing. Similarly, pedestrians may not enter the crosswalk when the don’t walk signal is on. In these instances, pedestrians are legally required to yield to vehicles.
- Intersections With No Traffic Control Signals — Pedestrians do have the right of way at uncontrolled intersections. However, pedestrians are required to cross safely in these scenarios and may not suddenly step out in front of an approaching vehicle. Mutual respect is required in these instances.
- When Crossing Outside of a Crosswalk — Pedestrians must yield to vehicles if crossing at a place other than a crosswalk.
The TxDOT reported that 2,445 accidents occurred across the state last year because a pedestrian failed to yield the right-of-way to a vehicle.
What to Do After a Pedestrian Accident?
If you are involved in a pedestrian accident or witness a pedestrian accident in San Antonio, here’s what to do:
Call 9-1-1
This should be your first step. It’s critical that emergency services arrive ASAP to treat injuries and control the situation. The driver may ask you not to call the police. Ignore them. You are legally required to call and report an accident if a person is injured.
Get to Safety
If you are able to safely move the pedestrian out of the street to the sidewalk, do so. If the pedestrian suffered a head or neck injury, do not move them, and ask the driver to turn on their hazards and position the vehicle in such a way as to block the injured pedestrian from traffic.
Take Photos/Video of the Scene
Capturing injuries and anything else that might be relevant.
Exchange Information
Get the phone number, name, and insurance information of the driver and provide yours.
Seek Medical Attention
Cooperate with emergency services and go to the hospital if they recommend it. Even if you don’t believe you were injured, get checked out anyway—some life-threatening injuries show symptoms later but can be treated if caught in time.
Report the Accident
Report the accident to your insurance company. This should be done as soon as possible, but you may need to wait for a police report.
Injured in a Pedestrian Accident in San Antonio? Call Shaw!
Drunk and otherwise reckless drivers in San Antonio put pedestrians at risk.
If you were injured in a pedestrian accident that wasn’t your fault in San Antonio, you could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Medical Bills,
- Surgeries,
- Pain and Suffering,
- Trauma/PTSD,
- Missed Work,
- Wrongful Death,
- And More.
We can help you find out if you have a case for free.
Call Shaw at 800-862-1260 to schedule a free case evaluation with an experienced pedestrian accident lawyer. There are no fees or obligations—just the expert legal advice you need. Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years because we put our clients first.
We look forward to serving you.