The light was green… wasn’t it?
You’re halfway across the street. A horn blares. Tires screech. Time slows. Then bam—metal meets flesh. And suddenly, everyone’s an expert: “Did you see the pedestrian?” “Why were they texting?” “Should’ve been wearing brighter clothes!”
You’re the one on the pavement, but somehow, the blame ricochets right back at you.
Welcome to the legal thunderdome of San Antonio pedestrian crashes, where who’s at fault isn’t always clear—and where a little concept called comparative fault might quietly cut your compensation in half.
Wait—What Even Is Comparative Fault?
Short answer? Blame gets shared.
Long answer? Texas uses something called modified comparative fault, aka the “51% rule.” If you’re found more than 50% responsible, kiss your compensation goodbye. But if you’re 50% or less at fault, you can still recover damages—just with a haircut.
Say you win $100,000… but the court says you were 30% responsible for the accident. Boom. You walk away with $70K. Pain and hospital bills? Still full price.
This Isn’t Just Legal Trivia—It’s a San Antonio Reality
San Antonio roads are no joke. Fast lanes. Sparse crosswalks. Too many drivers who treat yield signs like suggestions. Pedestrian crashes are up, and so are the excuses.
And insurance companies? They’re practically counting on pinning part of the fault on you.
That’s why connecting with seasoned San Antonio pedestrian accident lawyers isn’t just helpful—it’s strategic.
4 Ways They’ll Try to Blame You
Let’s be honest. Everyone’s walked across a street while staring at a phone. Or crossed mid-block to save three whole minutes. But after a crash? Those everyday choices get spun into “reckless behavior.”
Here’s how it usually plays out:
1. You Were Distracted
Looking at your phone? Daydreaming? Expect this one. Doesn’t matter if you had the signal—if you didn’t see the car, they’ll say it’s on you.
2. Crossed Where You “Shouldn’t Have”
Jaywalking isn’t always illegal in Texas. But mid-block crossings, especially on high-speed roads, give drivers and insurers an opening to argue you “darted out.”
3. Poor Visibility? That’s Your Problem Now
Dark clothes, no streetlights, early morning fog—suddenly it’s not about their speed or inattention, it’s about how “invisible” you supposedly were.
4. Impaired? Cue the Character Assassination
If there’s alcohol involved, even minimally, expect a full-on credibility takedown. Never mind that the driver was speeding. You had a beer? That’s their new headline.
But Can You Push Back? Absolutely.
Fault isn’t just about what happened—it’s about what can be proven. And that means evidence:
- Traffic cam or dashcam footage
- Phone records
- Witness statements
- Police reports
- Expert accident reconstruction
The sooner you lawyer up, the better your shot at leveling the playing field.
Final Thought: Blame Is a Strategy—Not Always the Truth
Here’s the kicker: comparative fault isn’t just a legal doctrine. It’s a tactic. It’s how insurance companies shift attention, reduce payouts, and muddy the waters.
You could be bleeding, and they’ll still ask: “Well, what were you doing in the road?”
Don’t go it alone. If you’ve been hit in San Antonio, and someone’s already hinting it might’ve been “partly your fault,” it’s time to fight back—with facts, not feelings.
