Boerne · Pedestrian Accident
Boerne Pedestrian Accident Lawyer
When a motor vehicle strikes a pedestrian or cyclist in Boerne, the claim rests on the driver's failure to yield the right-of-way and the duties Texas traffic law places on drivers near vulnerable road users, including Tex. Transp. Code Ch. 552 crosswalk rules for pedestrians and the cyclist-as-vehicle provisions of Sec. 551.101. On Main Street in the downtown shopping district, those failures most often occur when a turning driver does not see someone in or entering a crosswalk; on SH-46 and US-87 shoulders, they occur when drivers pass cyclists without adequate clearance. The two-year statute under § 16.003 applies, and because there is no Level I trauma center in Kendall County, serious injuries route by air to University Hospital in San Antonio, producing multi-facility medical records the claim must fully assemble.
Why Boerne cases are different
Boerne's walkable Main Street shopping district and its weekend tourism inflow put people on foot and on bikes alongside drivers who do not know the town. A driver who misjudges a downtown crossing or a cyclist on a Hill Country shoulder can cause life-altering injury in an instant.
Right-of-way downtown and on the shoulder
Pedestrian and bicycle claims around Boerne turn on right-of-way and a driver's duty of attention. On Main Street, where the boutique shopping district draws visitors who are looking at storefronts rather than the curb, the recurring failure is a turning or backing driver who does not yield to someone lawfully in a crosswalk. Out on the rural state highways, cyclists riding the shoulder face drivers traveling at high speed with little room to spare. Texas traffic law assigns the right-of-way and the duty to yield, and a driver distracted by a phone or by unfamiliar surroundings does not get a pass for being a weekend tourist. Fault still runs through Chapter 33 proportionate responsibility, so the defense will probe whether the pedestrian crossed against a signal or the cyclist drifted from the shoulder. We reconstruct the crossing or the lane position and lock down what the driver was actually doing.
Catastrophic injury from an unprotected impact
A person on foot or on a bicycle has no crumple zone, so even a low-speed Boerne impact can produce a serious head injury, fractures, or internal trauma, and a highway-speed strike on US-87 or SH-46 is frequently catastrophic. The geography that defines the rest of Kendall County's injury cases applies here too: there is no Level I trauma center in the county, so serious transports route southeast on I-10 to University Hospital in San Antonio, with air-medical transport routine and rural EMS response stretching beyond fifteen minutes. That delay shapes the medical record, because the first full assessment may not happen until the receiving hospital. On the insurance side, when the at-fault driver is an out-of-state visitor with thin limits, the injured person's own uninsured and underinsured-motorist coverage can reach pedestrian and cyclist injuries too, and that analysis belongs in the earliest review of the file.
Frequently asked
Boerne pedestrian accident questions
- A driver must yield to a pedestrian lawfully in a crosswalk, and turning or backing without looking is a breach of that duty. The defense may argue you stepped out against a signal, which under Texas Chapter 33 goes to fault percentage rather than an automatic bar. We gather downtown surveillance and witness accounts quickly, because the Main Street shopping district has cameras that overwrite on short cycles.
- Often yes. Uninsured and underinsured-motorist coverage on your auto policy can apply when you are injured as a pedestrian or cyclist, not only when you are driving. That matters in Boerne, where the at-fault driver may be an out-of-state weekend visitor carrying low limits. We review your declarations page early to find every layer of coverage, including stacked UM/UIM on household policies.
- Fast. The businesses along Main Street and the downtown shopping district run surveillance systems with short retention cycles, and the footage that shows the crossing and the driver's approach can be gone within days. The decisive early step is sending preservation letters to nearby businesses immediately, before the cameras overwrite, while witness memories are still fresh.
- Yes. Under Tex. Transp. Code § 551.101, a cyclist operating on a roadway has the same rights and duties as a motor-vehicle driver, and a driver who passes without adequate clearance or who crosses into the shoulder without checking violates that duty. The defense will probe your lane position and speed, and the sight-line evidence along the SH-46 shoulder is what determines that fight. We document the scene and the physical evidence as early as possible.
- Two years from the date of the crash under Tex. Civ. Prac. & Rem. Code § 16.003. For a pedestrian or cyclist, that clock starts the day of the incident regardless of when the full extent of the injuries becomes clear. Cases arising inside Kendall County are filed in Kendall County district court on Main Plaza. Missing the deadline almost always ends the claim entirely.
- Surveillance footage from the Main Street businesses, the at-fault driver's own statement at the scene, the DPS or local police crash report, and any bystander witness accounts all bear on the crossing location. We send preservation letters to nearby businesses immediately and cross-reference the crash report's diagram against the physical evidence. On Main Street, the storefronts are close enough that at least one business camera usually captures the relevant stretch of roadway.
Where we work from
Downtown Austin. Boerne clients welcome.
Our office is in downtown Austin; we represent Boerne-area clients statewide and travel to Boerne for case-specific needs (scene visits, medical-records consultations, court appearances). Home and hospital visits when injuries make travel difficult.
Talk to a Boerne pedestrian accident lawyer.
Free case review, no obligation. We'll tell you straight whether we can help.