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Code 36: “Failed to Yield Right-of-Way – To Pedestrian” (Texas)

Code 36: “Failed to Yield Right-of-Way – To Pedestrian” (Texas)

San Antonio / Bexar County Pedestrian-Crash Guide for Injured Texans

When a driver “fails to yield right-of-way to a pedestrian,” Texas officers often mark Contributing Factor Code 36 on the crash report. If you or a loved one was hit in a crosswalk, while walking along a driveway crossing, or anywhere a driver was legally required to yield, this guide explains liability, the evidence that moves adjusters, and how Ryan Orsatti Law builds full-value pedestrian claims across San Antonio, Bexar County, and all of Texas. (Texas Department of Transportation FTP)

What “Failed to Yield ROW – To Pedestrian” Means in Texas

Under Texas law, drivers must stop and yield to people in crosswalks when no traffic signal is operating and the person is on the driver’s half of the road or approaching so closely from the other half as to be in danger. Separate statutes require drivers to use due care to avoid pedestrians at all times and to yield to pedestrians when emerging from alleys or driveways. Violations are powerful evidence of negligence. (Texas Statutes)

Key statutes at a glance

Where These Crashes Happen (and How We Prove Them)

Common San Antonio/Bexar County locations include:

Proof that persuades adjusters and juries

Liability Theories We Use in Pedestrian Cases

  1. Negligence per se for violating pedestrian right-of-way statutes (e.g., Tex. Transp. Code §§ 552.003, 545.256). The statute defines the duty; the violation helps establish breach. (Texas Statutes)
  2. Common-law negligence: distracted driving, unsafe speed/turns, failure to keep proper lookout, poor lighting behavior (no headlights).
  3. Comparative fault defenses—anticipated and neutralized: Insurers argue the pedestrian wasn’t in a crosswalk or “darted out.” We counter with due-care duties and timing/sight-line modeling. (Justia Law)
  4. Premises/third-party claims: Unsafe site design, missing crosswalk markings, or blocked driver sightlines (construction fencing/landscaping) may add responsible parties.
  5. Commercial-driver overlays: Company-policy violations, Hours-of-Service fatigue (trucks), or unsafe left-turn policies for delivery fleets.

Evidence Checklist (Save/Request These ASAP)

Damages That Drive Settlement Value

Deadline: Most Texas personal-injury claims carry a two-year statute of limitations—waiting risks evidence loss and dismissal if you miss the filing deadline. There are exceptions (minors, wrongful death accrual, governmental-unit notice rules), so get counsel early. (Texas Statutes)

What To Do If You Were Hit While Walking

  1. Call 911; request police response and an ambulance—even if pain feels “manageable.”
  2. Identify the crosswalk/sidewalk location in photos; capture driver, plate, VIN.
  3. Ask witnesses to text their name/number and what they saw.
  4. Seek same-day medical care; describe all impact points and symptoms (head strike, neck, hip).
  5. Preserve your shoes/clothes and any broken items in a paper bag.
  6. Do not give a recorded statement to the insurer until you’ve talked to counsel.
  7. Call Ryan Orsatti Law—we handle the insurer while you focus on care.

How We Build Pedestrian Cases (Step-By-Step)

Intake & Liability Map (Days 1–7): Crash-scene canvas, video requests, open records, adjacent-property spoliation letters.
Forensics (Weeks 1–4): Sight-line and timing analysis; EDR; lighting study; vehicle inspection.
Medical Command Center: Rapid referrals; life-care planning on complex fractures/TBI.
Insurance Pressure Campaign: Early policy-limits demand when liability is clear (Code 36 + statute violation), with evidence-first framing that makes “comparative fault” arguments untenable.
Trial-Ready Posture: Even in settlement-bound cases, we draft with exhibits a jury would see—photos, diagrams, time-distance charts—to unlock full value.

San Antonio & Bexar County Local Notes

FAQ

Do pedestrians always have the right-of-way?
No. Outside crosswalks, pedestrians must yield to vehicles—but drivers still owe due care and may be liable if they could have avoided the collision. (Justia Law)

What if the light was green for the driver?
If you were in a lawful crosswalk phase (including permissive turns), drivers must still yield to pedestrians in the crosswalk. Evidence (video, timing, lane geometry) settles disputes fast. (Texas Statutes)

What if I was hit by a vehicle exiting a driveway or parking lot?
Texas law requires the driver to stop before the sidewalk and yield to pedestrians crossing the driveway area. (Justia Law)

How does the police “Code 36” help my case?
It documents the officer’s view that the driver failed to yield to a pedestrian—a liability anchor we pair with video, EDR, and medical proof to demand policy limits. (Texas Department of Transportation FTP)

Internal Resources (Keep Reading)

Call the Local Pedestrian-Injury Team Texans Trust

Ryan Orsatti Law — Pedestrian & Crosswalk Injury Claims Across San Antonio, Bexar County, and All of Texas
Address: 4634 De Zavala Road │ San Antonio, TX 78249
Phone: 210.525.1200

Free consultation. No fee unless we win. We’ll secure the video, lock down the evidence, and press the insurer for full value—fast.

Authority & Sources

This article is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes.