(July 27, 2022) According to the Nationwide Report, a man was killed in a hit-and-run accident last night on Monday, July 25, 2022, at around 9:30 p.m. The pedestrian was attempting to cross the street at the I-10 and I-35 exchange while wearing dark clothing, making him very difficult to see. The driver of the involved vehicle fled the scene and is potentially facing charges for failure to render aid. The identity of the driver and the pedestrian have not been released.
Did you know?
A pedestrian who was jaywalking (as defined by Texas Law) is likely to be found fifty-one percent liable for an accident, which could bar them from recovering damages in a lawsuit.
Pedestrian Law and Personal Injury Claims in Texas
What are the laws concerning pedestrians in Texas? Pedestrians and drivers both bear responsibility for practicing safe techniques on the roads. A pedestrian is allowed to cross the street and has the right of way in a crosswalk or when no signs prohibit crossing the street. A pedestrian who crosses the street against warning signs and without a crosswalk is technically jaywalking. Additionally, jaywalkers are required to yield to passing vehicles, and pedestrians are required to use reasonable caution when using a crosswalk. For example, walking directly in front of a vehicle that was obviously entering the crosswalk given its speed is reckless and would likely result in the pedestrian bearing liability.
However, the inverse of these guidelines is true for the drivers and equally as important. A driver is always responsible for yielding the right-of-way to pedestrians who are lawfully crossing the street or using a crosswalk. Additionally, if a pedestrian is jaywalking, that is not an invitation for a driver to act recklessly. It is required that a driver avoid hitting a jaywalker if at all possible. Also, it is the law in Texas that if a pedestrian is injured (or killed, as in the above scenario) that the driver must stop and render aid. Failure to do so could result in a criminal charge.
Since Texas is an at-fault State, the person who is found responsible for the accident is required to pay damages for the accident. Whether or not you are liable for damages varies by case and relies on concrete evidence.
If you would like to learn more about specific laws governing pedestrians in Texas, as the driver or the pedestrian, please contact one of our attorneys.
Have you been injured in a pedestrian accident in San Antonio or the surrounding area?
The Law Office of Carabin Shaw has been representing the people of San Antonio for thirty years. We have the experience and access to resources necessary to ensure that you receive any legal compensation that you are owed in full. We operate on a contingency fee basis, which means that we get paid based on how much we make for you. We offer free initial consultations, so if you have been injured in a pedestrian accident or if you have any questions regarding the laws governing pedestrians in Texas, contact our firm at 800-862-1260. We look forward to serving you.