Hit as a Pedestrian or Cyclist at a New Braunfels Intersection

What determines fault when a walker or cyclist is hit at an intersection, and how to protect your claim afterward.

If you were walking or riding a bike through an intersection in New Braunfels and a vehicle hit you, the first question everyone asks is whose fault it was. The answer usually depends on who had the right of way at that exact moment, what the signals showed, and what each side was doing in the seconds before impact.

These claims get complicated fast because insurance companies often try to shift blame onto the person on foot or on the bike, even when a driver failed to yield or turned without looking. This article explains how fault typically gets sorted out at intersections and what tends to matter most in these claims. It's general information, not legal advice about your specific situation.

Why Intersections Create So Much Dispute

A car-versus-car crash usually happens in a straight line, with clear lanes and clear rules about who was supposed to stop. Intersections involving pedestrians and cyclists are messier. There are turning vehicles, walk signals, bike lanes that end or merge, and drivers scanning for other cars while a person on foot or a bike is easy to miss.

Because there are more moving parts, insurance adjusters have more angles to argue over. Was the walk signal on? Did the cyclist enter the crosswalk or ride through it? Did the driver start turning before checking the crosswalk? Each of these questions can shift some or all of the blame, which is exactly why insurers dig into them.

Right of Way Isn't Always Simple

In general, drivers are expected to yield to pedestrians who are lawfully crossing, whether that's at a marked crosswalk, an unmarked crosswalk at an intersection, or when a walk signal is active. Cyclists are treated differently depending on whether they were riding on the road, in a bike lane, or on a sidewalk at the time, and that distinction can affect how the crash is analyzed.

Right of way rules can also change based on signals, stop signs, and whether a vehicle was turning. A driver making a right or left turn is generally supposed to watch for and yield to pedestrians and cyclists crossing their path, but that doesn't mean insurers will automatically accept that the driver failed to do so. They will look for any detail that suggests the pedestrian or cyclist entered unsafely or against the signal.

Because these rules vary by situation and can be interpreted differently by each side, it helps to have someone review the specific circumstances of your crossing rather than assuming a general rule decided the outcome.

How Shared Fault Gets Used Against You

Texas allows an injured person to recover compensation even if they share some of the blame for a crash, as long as their share isn't the majority. But every percentage of fault assigned to you reduces what you can recover, so insurers have a strong incentive to argue you contributed to the crash.

Common arguments include claiming you crossed outside the marked crosswalk, that you were wearing dark clothing at night, that you didn't have working bike lights, or that you stepped off the curb a moment before the signal changed. Some of these arguments have real weight and some are exaggerated to reduce a payout. Either way, expect them to come up, and don't be surprised if the driver's insurer suggests you were partly at fault before you've even finished treatment.

Because these percentage arguments can significantly change the outcome of a claim, it's worth having someone push back on unsupported or inflated blame before you agree to anything or sign a statement.

Evidence That Matters Most at Intersections

Signal timing is often the single most important piece of evidence in an intersection claim. Whether the walk signal was active, whether a turn arrow was showing, and how long the light had been in that phase can make or break who was following the rules. This information can sometimes be recovered from traffic signal systems, but it isn't always kept for long, so it needs to be requested quickly.

For cyclists, the position on the road matters too. Were you in a marked bike lane, sharing a travel lane, or crossing with pedestrian traffic. Details like this affect how the crash gets analyzed and are worth documenting as soon as you're able, through your own notes, photos of the intersection layout, or anyone who saw exactly where you were riding.

Vehicle data such as whether a turn signal was engaged, how fast the vehicle was moving, and whether brakes were applied can sometimes be pulled from newer vehicles. This kind of information tends to support one side's account clearly, which is part of why it's valuable to identify and preserve it early.

The Insurance Side Works Differently for Pedestrians and Cyclists

If you're hit by a vehicle while walking or biking, your claim generally goes against the driver's liability insurance rather than an auto policy of your own, since you weren't operating a covered vehicle. That said, if you or someone in your household has an auto policy with medical payments or personal injury protection coverage, it may still apply to your injuries even though you weren't in a car at the time. This is easy to overlook and worth checking.

Because the claim runs through the driver's insurer, that company's adjuster is working to protect the driver's liability exposure, not to make sure you're treated fairly. That's true in any crash claim, but it's especially noticeable in pedestrian and cyclist cases because these claims often involve serious injuries and larger potential payouts, which gives the insurer more incentive to dispute fault.

What to Do in the Days After

Get medical care even if you feel like you can walk it off. Adrenaline masks pain, and documentation created close to the time of the crash carries more weight than a report made weeks later. This is true for both pedestrians and cyclists, since injuries from being struck can be harder to notice right away than injuries from a typical car crash.

Write down or record what you remember about the signal, the vehicle's movement, and where you were positioned as soon as you can, while it's still fresh. Avoid giving a detailed statement to the driver's insurance company before you've had a chance to think it through or talk to someone who can advise you, since early statements are often used to build a fault argument later.

This article is general information for the public, not legal advice, and reading it does not create an attorney-client relationship. Nothing here predicts an outcome or the value of any claim. Laws and filing deadlines differ by state and change over time — talk with a lawyer about your own situation. Attorney advertising.