Truck vs Pedestrian Accidents in Texas | Crosswalk & Shoulder Collision Rights

Published by J.A. Davis & Associates – San Antonio Personal Injury Lawyers – Truck Accident Lawyers

Texas Highways: Protecting Pedestrians from Commercial Truck Collisions at Crosswalks and Roadway Shoulders

Pedestrian accidents involving commercial trucks produce devastating consequences on Texas roads. The combination of vehicle mass, blind spots, and pedestrian vulnerability creates collision scenarios where survival margins disappear entirely. Pedestrian accidents involving commercial trucks contributed to fatalities among the 6,095 pedestrian crashes recorded in Texas during 2024, a year that claimed 773 pedestrian lives statewide. Pedestrian accidents involving commercial trucks occur most frequently at intersections, crosswalks, and narrow shoulders where individuals on foot share space with heavy vehicle traffic. If you or a family member has been injured in a collision involving a commercial truck and a pedestrian, legal remedies are available.

commercial truck accident attorneys

The Scope of Pedestrian Accidents in Texas

Texas roadway design often provides minimal infrastructure for pedestrian safety, with limited sidewalks and narrow shoulders forcing individuals on foot into close proximity with commercial vehicle traffic. This environment creates persistent danger for pedestrians throughout the state. In 2024, Texas recorded 6,095 crashes involving pedestrians, resulting in 773 fatalities and 1,454 serious injuries.

These statistics translate to one pedestrian death every 11 hours across the state. October proved particularly deadly, with 89 fatalities and 143 serious injuries during a single month when shorter daylight hours and adverse weather conditions combined to reduce visibility. Pedestrians now comprise one in six traffic deaths statewide, a proportion that continues to rise as urban development increases foot traffic near major transportation corridors.

Commercial trucks amplify pedestrian collision severity dramatically. Among the 39,393 commercial vehicle crashes recorded in Texas during 2024, with 608 proving fatal, pedestrians faced disproportionate risk due to the mass differential between trucks and unprotected individuals. An 80,000-pound semi-truck traveling at urban speeds generates impact forces that human bodies cannot survive. Truck blind spots further compound danger, as pedestrians at intersections or roadway edges may remain invisible to drivers until collision becomes unavoidable.

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A view of an overturned truck on an highway in an accident.

The demographics of pedestrian fatalities reveal particular vulnerability among seniors, children, and workers whose occupations require roadside presence. Each statistic represents a preventable tragedy, and traffic safety research indicates that increased driver awareness could reduce pedestrian collisions by half.

Warning Signs of Pedestrian Danger Zones

Drivers sharing roads with pedestrians must recognize situations where collision risk elevates. Understanding these danger indicators allows for defensive adjustments that protect vulnerable road users.

Crosswalk violations present the most common pedestrian collision scenario. A commercial truck rolling through red lights or accelerating through yellow signals at intersections creates immediate danger for pedestrians legally entering crosswalks. Distracted truck drivers focused on navigation, communication devices, or delivery schedules may fail to register pedestrians in marked crossing areas until braking becomes impossible.

Shoulder squeeze situations develop when pedestrians must travel along roadway edges due to absent sidewalks. Workers walking to job sites, individuals with disabled vehicles, or pedestrians in rural areas without pedestrian infrastructure face particular danger from commercial trucks whose width consumes available shoulder space. Wide turns by trucks with extended trailers can sweep across shoulders, and wind displacement from passing trucks at highway speeds can destabilize pedestrians into travel lanes.

Sudden swerves near bus stops, breakdown areas, or work zones indicate truck drivers reacting to unexpected pedestrian presence. These maneuvers often occur when drivers traveling too fast for conditions encounter pedestrians in locations they failed to anticipate. Overloaded trucks with compromised handling characteristics prove especially dangerous in these scenarios.

TxDOT crash data confirms that these pedestrian danger patterns occur most frequently during evening hours when reduced visibility coincides with pedestrian activity. Recognizing these situations enables drivers to adjust speed and attention appropriately.

Protective Measures for Texas Drivers

Drivers operating passenger vehicles near commercial trucks share responsibility for pedestrian protection. The following measures can reduce pedestrian collision risk in areas where trucks and pedestrians interact.

Extend visual scanning distance when approaching areas of potential pedestrian activity. Search 300 feet ahead for individuals on foot, people with wheeled luggage or equipment, or pedestrians waiting at crossing points. Reduce speed to 20 miles per hour or below when approaching marked crosswalks, and scan sidewalks and roadway edges continuously.

Provide lateral clearance for pedestrians on roadway shoulders. When individuals on foot appear along the roadway edge, move toward the center of your lane to create maximum separation. Activate hazard lights in heavy traffic conditions to alert following vehicles of the pedestrian presence. Never reduce the lateral gap between your vehicle and roadway pedestrians.

Execute complete stops at crosswalks regardless of signal phase. Even flashing green signals require full yielding to pedestrians who have entered or are entering the crossing area. Make eye contact with pedestrians and use hand signals to confirm that you are yielding before they proceed. Maintain visual contact with crossing pedestrians until they clear your vehicle’s path entirely.

Exercise heightened caution near bus stops, vehicle breakdown areas, and work zones. Brake before curves that may reveal unexpected pedestrian presence. Navigate around stopped vehicles with awareness that pedestrians may emerge from blind spots created by those vehicles.

Report close calls and dangerous driver behavior through TxDOT’s 511 system. These reports contribute to enforcement targeting and help identify locations requiring infrastructure improvements.

Legal Framework and Pedestrian Protection Standards

Texas traffic law mandates specific yielding requirements at crosswalks and provides pedestrians with legal protections in designated crossing areas. Violations of crosswalk yielding requirements carry fines up to $500, with enhanced penalties when violations result in pedestrian injury.

TxDOT’s “Look Alive” campaign focuses public awareness and enforcement resources on pedestrian safety, with particular emphasis during October when fatality rates peak. Crosswalk enforcement operations target both commercial and passenger vehicle violations at high-incident intersections.

Commercial drivers operating under CDL requirements receive training on pedestrian awareness, though compliance varies across the industry. When training deficiencies or schedule pressure contribute to pedestrian collisions, trucking companies face liability alongside individual drivers.

Protecting Your Rights After a Pedestrian Accident

If you or a family member has been injured in a collision between a pedestrian and a commercial truck, evidence preservation begins immediately. Photograph the collision location, crosswalk markings, traffic signals, and any sight-line obstructions that may have contributed to the accident. Obtain witness contact information from individuals who observed the collision.

Seek medical attention promptly regardless of apparent injury severity. Pedestrian collision injuries often prove more serious than initial assessments indicate due to adrenaline masking and delayed symptom onset. Maintain thorough records of all treatment and expenses.

Consulting with a pedestrian injury attorney costs nothing upfront and provides clarity about legal options. An experienced attorney can investigate driver logs, traffic signal timing, and crosswalk compliance records to establish negligence.

Review your insurance coverage for pedestrian accident scenarios. Uninsured and underinsured motorist provisions may apply when commercial carriers lack adequate coverage. Understanding pedestrian risks and maintaining protective awareness empowers Texas drivers to shield vulnerable road users from preventable collisions.

Water Intrusion Lawyers San Antonio | Moisture Damage

Water Intrusion and Moisture Damage Attorneys in San Antonio

Water intrusion represents one of the most destructive and pervasive construction defects affecting San Antonio properties. When buildings fail to exclude moisture properly, the resulting damage can compromise structural integrity, create health hazards, and lead to extensive repair costs that devastate property owners financially.

The Silent Destroyer: Understanding Water Intrusion

Water intrusion occurs when moisture penetrates a building’s envelope through defective construction, inadequate waterproofing, or failed building systems. Unlike dramatic structural failures that announce themselves immediately, water intrusion often works silently for months or years before property owners discover the extensive damage.

San Antonio’s climate presents unique challenges for moisture control. The region experiences intense rainfall during storm seasons, high humidity levels, and temperature fluctuations that create condensation problems. When buildings aren’t properly designed and constructed to handle these conditions, water finds its way inside, creating ideal conditions for mold growth, wood rot, and structural deterioration.

Common water intrusion entry points include:

  • Improperly sealed windows and doors
  • Defective roof installations and flashing systems
  • Failed exterior wall waterproofing and vapor barriers
  • Inadequate foundation waterproofing and drainage
  • Poorly installed or maintained HVAC systems
  • Plumbing leaks within walls and structural cavities

The Devastating Consequences of Moisture Damage

Water intrusion creates a cascade of problems that extend far beyond the initial leak. Moisture trapped within building materials creates the perfect environment for mold growth, which can begin within 24-48 hours of water exposure. Mold colonies release spores that compromise indoor air quality and can trigger serious health problems, including respiratory issues, allergic reactions, and immune system complications.

Structural damage follows closely behind biological contamination. Wood framing begins to rot and lose load-bearing capacity. Metal components corrode and weaken. Insulation becomes waterlogged and ineffective, resulting in energy efficiency issues and comfort problems. Drywall and flooring materials deteriorate, requiring extensive replacement.

The financial impact compounds over time. Initial repair costs may seem manageable, but as moisture damage spreads throughout the building’s systems, remediation becomes increasingly complex and expensive. Property values plummet as potential buyers avoid buildings with known moisture problems, and insurance companies may refuse coverage or dramatically increase premiums.

Construction Defects That Enable Water Intrusion

Most water intrusion problems stem from construction defects that occurred during the building process. Contractors, architects, and other construction professionals who fail to properly design and install moisture control systems create buildings that are vulnerable to water damage from day one.

Critical waterproofing failures include:

Defective Building Envelope Design: Architects who fail to specify adequate vapor barriers, waterproof membranes, or proper drainage systems create buildings that cannot effectively exclude moisture under normal weather conditions.

Improper Window and Door Installation: Contractors who fail to properly flash windows and doors, use inadequate sealants, or ignore manufacturer installation requirements create direct pathways for water intrusion.

Inadequate Roof Systems: Roofing contractors who cut corners on underlayment, flashing, or drainage systems often create chronic leak problems that may not become apparent until significant damage has occurred.

Failed Exterior Wall Systems: Improper installation of siding, stucco, or masonry systems can create gaps and penetrations that allow water infiltration, particularly around architectural features and utility penetrations.

Health Hazards and Liability Issues

Water intrusion creates serious health and safety hazards that expose property owners to significant liability risks. Mold growth resulting from moisture problems can trigger severe allergic reactions, respiratory problems, and other health complications in building occupants.

For commercial property owners, these health risks create potential liability for tenant illnesses, workers’ compensation claims, and violations of health and safety regulations. Residential property owners face similar risks, including potential liability for non-disclosure of known moisture problems during property sales, as well as concerns about family members and guests.

Legal Remedies for Water Intrusion Claims

Property owners facing water intrusion problems have multiple legal avenues for holding responsible parties accountable and recovering their losses. Construction defect claims can target the various professionals whose negligence or contract violations enabled moisture penetration.

Available legal claims include:

Breach of Construction Contracts: When contractors fail to build according to specifications or ignore industry standards for moisture control, contract breach claims can recover repair costs and related damages.

Professional Negligence: Architects and engineers who fail to design or specify moisture control systems properly can be held liable for resulting water damage through professional negligence claims.

Breach of Express and Implied Warranties: Many construction contracts include express warranties covering workmanship and materials, while Texas law implies warranties of good workmanship and habitability that protect property owners.

Product Liability Claims: When defective building materials or systems contribute to water intrusion, manufacturers and suppliers may be held liable under product liability theories.

The Investigation and Documentation Process

Water intrusion claims require comprehensive investigation to identify all moisture sources, document the extent of damage, and establish liability against responsible parties. This complex process involves multiple types of experts and sophisticated testing procedures.

Essential investigation components include:

  • Infrared thermal imaging to detect hidden moisture
  • Indoor air quality testing for mold and other contaminants
  • Destructive testing to examine concealed building systems
  • Review of construction documents and building permits
  • Analysis of weather data and building performance history

Recoverable Damages in Water Intrusion Cases

Successful water intrusion claims can recover substantial damages that reflect the true cost of moisture-related problems. These damages often exceed initial repair estimates as the full scope of contamination and structural damage becomes apparent during remediation.

Recoverable damages typically include:

  • Complete mold remediation and decontamination costs
  • Structural repairs and building system replacement
  • Temporary relocation expenses during extensive remediation
  • Lost rental income and diminished property values
  • Medical expenses for mold-related health problems
  • Attorney fees and expert witness costs

Time-Sensitive Nature of Water Intrusion Claims

Water intrusion claims are particularly time-sensitive because damage continues to spread until the moisture source is eliminated and proper remediation is completed. Texas statutes of limitations require prompt action, with contract claims typically requiring filing within four years and negligence claims within two years of discovery.

Additionally, insurance coverage issues often complicate water intrusion claims, as many policies exclude coverage for construction defects or long-term moisture problems. Early legal intervention can help preserve insurance benefits and prevent coverage disputes from delaying necessary remediation work.

Protecting Your Property and Health

Water intrusion problems threaten both your property investment and your family’s health. When construction defects enable moisture penetration, you shouldn’t bear the financial and health consequences of others’ negligence.

Attorney Bryan A. Woods has extensive experience representing San Antonio property owners in complex water intrusion and moisture damage cases. He works with leading environmental consultants, structural engineers, and medical experts to build comprehensive cases that hold all responsible parties accountable.

Don’t let water intrusion problems compromise your property and health. Contact Bryan A. Woods today for expert legal representation that protects your rights and recovers the compensation you deserve for moisture-related construction defects.

 

Car Accident Attorneys – The Need For A Lawyer

This Blog was brought to you by The Carabin Shaw Law Firm – Personal Injury Attorneys San Antonio

A Checklist of Warning Signs that You Need an Experienced Texas Accident Injury Lawyer

In most instances, it takes a Texas car accident attorney to make sure that accident victims like you end up recovering the actual worth of their medical bills, pain, suffering, disability (if applicable), and damages to their vehicle and its contents that were caused by a negligent defendant. And as we said at the beginning of this article, if the circumstances surrounding the accident and its coverage level are minor, the chances are good that a reasonably intelligent accident victim can successfully manage his or her claim on their own without the assistance of a lawyer. But, here are some of the scenarios where achieving a full recovery for your total damages are best served through a local car accident attorney. More about our Car Accident Lawyers in San Antonio here

You’ve Suffered Physical Injuries in the Wreck in San Antonio Tx

If you suffered any sort of bodily injury in your vehicle accident, it’s best for you to have an experienced Texas lawyer handle your claim. A good rule of thumb in deciding this is whether or not you need to make a return visit to your doctor after being treated for your injuries. If you’ve been given a large prescription for heavy pain medication, that’s another pretty good clue.

When you seek damages for bodily injuries, insurance companies don’t necessarily have to abide by any predetermined guidelines when deciding how much to pay you. And sometimes, because some of them are quite ornery, insurance companies are more about premiums than claims and decide to pay you nothing. Such blanket refusals are the first benefit of having an attorney who is fighting for your interests: which are also his or hers. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing. Call a good attorney. And do it quickly.

The Other Driver is Hard to Deal With

It’s also a good idea to call a car accident lawyer if the other driver involved in your accident gives you a hard time: at the scene of the wreck or later, or if that other driver doesn’t want to give you his contact or insurance information. Negligent – then cantankerous – accident “victims” usually have something to hide, either from the law or their insurance company. This could be an early indication that this “defendant in-training” is already making it as difficult as possible for you to recover what you deserve. If you experience this kind of behavior from the other driver, think of it as a big red flag that you need to hire a lawyer: or at least have a serious conversation with one.

The Insurance Company Pressures you to Settle or Keeps on Harassing You

Insurance companies can be extremely difficult to negotiate with. And besides that, they love to take up a lot of your time and give you nothing, especially if you haven’t got an attorney to insulate you from them. Insurance companies protect their own interests. And as we’ve said, those interests involve collecting premiums and paying out as little as absolutely necessary. So if you’ve been injured, their interests are the direct opposite of yours. They’ll use adjusters to try to find ways to deny your claims as they try to deceive you by appearing to be trustworthy. They call you repeatedly, asking innocent-sounding questions about your accident. Their inquiries may seem harmless. But they’re usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will probably be recorded and could come back to haunt you as evidence against your claim when it’s time to go to court.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident case, call our Law Firm now for a free consultation and find out how we can help you.