Hit and Run Accident Near Downtown Leaves Man Hospitalized, Woman Injured.

According to a KSAT News report, a driver fled the scene of a pedestrian accident near downtown early this week.

Police reported the incident happened at around 2:45 a.m. on Monday, April 29th, on the 400 Block of Austin Street near Lamar and I-37 on the East Side. A man and a woman were reportedly leaving a bar together when a Jeep struck them and drove away without rendering aid. The woman was injured and treated on the scene by EMS and is expected to fully recover. The man was more seriously injured and taken to the hospital as a precaution with non-life-threatening injuries. The driver of the Jeep was not found. The investigation is ongoing.

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Did You Know?

There were 841 vehicle-pedestrian accidents in San Antonio in 2023.

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Determining Fault in a Pedestrian Accident in San Antonio

Did you know that pedestrian accidents aren’t always the driver’s fault?

Pedestrians obviously lose more in a vehicle accident — vehicles usually suffer no damage, and the driver suffers no injury, while the pedestrian is often seriously hurt.

But just because a pedestrian was more injured in an accident doesn’t mean that the driver is automatically to blame.

How to Determine Fault in San Antonio

Determining fault in a pedestrian accident involves proving that the pedestrian, driver, or third party’s negligence directly caused the accident in question. Negligence is a breach of your duty of care to follow traffic laws and prioritize the safety of others.

When a Pedestrian Is At-Fault

You’ve probably been taught that pedestrians always have the right of way. While vehicles should yield to pedestrians in most cases, pedestrians are required to follow traffic laws just as much as vehicles.

Common ways that pedestrians violate traffic laws in San Antonio include:

• Walking on Bridges,
• Walking on Highways,
• Walking on Heavily Trafficked Streets,
• Jaywalking,
• And Crossing the Street While Disobeying a Traffic Signal.

If a pedestrian is engaging in any of these behaviors, they will likely share fault for an accident. But just because a pedestrian is breaking the rules doesn’t mean you can just hit them. If you see them in plenty of time to stop but strike them anyway, you will be held responsible for your actions.

Shared Fault in Pedestrian Accidents

There are scenarios when a driver and pedestrian can share fault for an accident.

Let’s say, for example, that a pedestrian was walking drunk and suddenly stepped into the street where there was no crosswalk in front of a vehicle. The driver was distracted by their phone and didn’t see the pedestrian in time to react. In this case, comparative negligence rules would likely apply.

Comparative negligence in Texas assigns fault in form of a percentage based on how much each party contributed to the accident. For example, in that above scenario, the driver was found to 45% at fault and the pedestrian was 55% at fault. Since the pedestrian was found to be more than 51% at fault, they would not be able to collect anything for their injuries.

Call Carabin Shaw for Your Pedestrian Accident Case

San Antonio is notorious for high rates of pedestrian accidents. If you were involved in a pedestrian accident that was not your fault, reach out to our firm for a consulation.

Carabin Shaw has represented pedestrian accident cases across Texas for over 30 years. We’re a trusted name in San Antonio because we put our clients first. Call our firm for a free case evaluation at 800-862-1260 or send us a message in the live chat to get started. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

¹KSAT Report