A fatal car-versus-pedestrian crash claimed the life of a 54-year-old man last week. The incident happened at approximately 9:45 p.m. in New Braunfels, Texas. According to police, the pedestrian was trying to cross Interstate 35 when he was struck not far from a TA Truck Stop.
The crash happened in the northbound lanes of Interstate 35. The pedestrian was hit by a Chrysler. The driver of the Chrysler was a 23-year-old man from New Braunfels, who was fortunate to survive the collision. Nevertheless, he did suffer minor injuries that were treated at the accident scene.
At this time, charges have not been pressed against the driver of the Chrysler that struck the pedestrian. However, that does not mean that charges will not be forthcoming later. Indeed, it is vital to analyze every factor in a pedestrian accident to determine if the driver may have been at fault.
If drivers are found to be at fault due to negligence and/or some kind of unlawful driving behavior in a Texas pedestrian crash, they may be held liable in civil court for personal injury or wrongful death damages. A common defense against pedestrian accident claims is trying to say that it was a “dart-out” event. In other words, the defense might claim the driver was not given sufficient time to stop because the pedestrian suddenly jumped out into traffic.
In some cases, however, dart-out accident defenses can be neutralized if it is proven that the driver was speeding, inebriated, texting, distracted, or committing some other form of negligent or unlawful act. This is why it is so vital to investigate every pedestrian crash deeply to determine exactly where the liability lies.
Source: Radio NB, “Fatality Accident — Vehicle vs. Pedestrian New Braunfels, Texas,” May. 10, 2015