Schertz · Pedestrian Accident
Schertz Pedestrian Accident Lawyer
Pedestrian and bicycle accident claims in Schertz are built on a driver's failure to yield to a vulnerable road user, a person on foot or on a bicycle, under the right-of-way rules in the Texas Transportation Code. A bicyclist on FM-3009 or FM-78 has the same rights and duties as a motor-vehicle driver, and a driver who fails to yield at a marked crosswalk or cuts across a bike lane is the at-fault party regardless of claims that the pedestrian was hard to see. The two-year statute under § 16.003 and the 51% comparative-fault bar apply, but note that if a governmental entity, such as the City of Schertz or Guadalupe County, is responsible for a malfunctioning signal or a dangerous intersection design, written Tort Claims Act notice must be filed within six months. Crash location within the city's tri-county boundary determines whether the case files in Guadalupe County district court in Seguin, Bexar County district court in San Antonio, or Comal County district court in New Braunfels.
Why Schertz cases are different
Schertz's explosive residential growth has put walkers and cyclists onto arterials designed for a smaller town, especially around the FM-3009 retail corridor and the FM-78 commuter line near Randolph. When a driver fails to yield at a crosswalk, the person on foot has nothing to absorb the impact.
Right-of-way, crosswalks, and driver inattention
Texas law gives a pedestrian the right-of-way in a marked crosswalk and at most intersections, and a driver turning across a walk signal must yield. In Schertz, the recurring danger is the same one that produces left-turn car crashes: signals along FM-3009 timed for an older, lighter traffic pattern, and new shopping-center driveways near HEB Plus and the chain restaurants where drivers watch for cars but not people. A motorist turning right on red or cutting a late left across the FM-3009 retail strip simply does not see the walker or cyclist until impact. We establish right-of-way with City of Schertz signal-phase data and the timing of the walk indication, then preserve the gas-station and storefront video at the corners, footage that typically overwrites within a week to ten days, to show the pedestrian was lawfully in the crossing when the driver failed to yield.
Severe injuries and the comparative-fault defense
A pedestrian or cyclist struck on an arterial like FM-78 or the I-35 frontage absorbs the full force of the vehicle, so these cases skew toward fractures, internal injuries, and head trauma. Central-Schertz transports often go to Methodist Northeast on Pat Booker Road, with serious cases continuing to University Hospital or Brooke Army Medical Center, while northbound transports may reach Resolute Health or Christus Santa Rosa in New Braunfels, leaving records spread across facilities. The defense routinely argues the pedestrian darted out, crossed outside the crosswalk, or wore dark clothing, invoking Chapter 33 comparative fault to push blame onto the injured person. Because being found more than fifty-one percent responsible bars recovery entirely, we treat that allocation as the heart of the case, using signal timing, video, and witness accounts to keep the fault where the physical evidence places it.
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Frequently asked
Schertz pedestrian accident questions
- A driver entering or leaving a commercial driveway across a sidewalk or crosswalk must yield to a pedestrian already in the path. Liability turns on where you were and whether you had the walk signal, which is why we pull City of Schertz signal data and the store's exterior video quickly, since retail footage along FM-3009 is often overwritten within a week to ten days.
- Possibly. Texas uses modified comparative fault, so you can recover as long as you are not more than fifty-one percent responsible, though your award drops by your share. The defense leans on the darted-out story to inflate your fault, so we counter with crosswalk timing, corner-business video, and witness statements that show you were lawfully crossing when the driver failed to yield.
- No, but it has to be documented carefully. A serious Schertz pedestrian case can move from Methodist Northeast on Pat Booker Road to University Hospital or Brooke Army Medical Center, and the gaps between facilities are exactly where adjusters argue the injury was minor. We build a continuous chronology connecting each transfer so the medical record reflects one severe injury, not several disconnected visits.
- Yes. Under Texas law, a bicyclist has the same rights and duties as a motor-vehicle driver on a public road, which means a driver who fails to yield to a cyclist in a crosswalk or cuts across a marked bike lane is the at-fault party. The claims process, the statute of limitations, and the comparative-fault rules are the same as for a pedestrian struck in the same location on FM-78 or FM-3009.
- Possibly, but the timeline is compressed. Claims against the City of Schertz or Guadalupe County for a dangerous intersection or malfunctioning signal fall under the Texas Tort Claims Act, which requires written notice to the governmental entity within six months of the injury, well before the two-year statute of limitations. Missing the six-month notice deadline generally bars the claim against the governmental defendant even if the lawsuit itself is filed within two years.
- The statute of limitations is tolled for minor victims; it does not begin running until the child turns eighteen. That gives more time to file, but it does not change the urgency of preserving evidence like the City of Schertz signal data and commercial surveillance footage along FM-3009, which overwrite on short cycles. A minor's settlement also generally requires court approval to protect the child's interests, and the future-care and educational-impact components of the damages claim can be significant.
Where we work from
Downtown Austin. Schertz clients welcome.
Our office is in downtown Austin; we represent Schertz-area clients statewide and travel to Schertz for case-specific needs (scene visits, medical-records consultations, court appearances). Home and hospital visits when injuries make travel difficult.
Talk to a Schertz pedestrian accident lawyer.
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