CAMERON COUNTY – A Brownsville man was killed in a Cameron County auto-pedestrian accident. The incident happened June 2 at approximately 2:30 a.m.
According to the Texas Department of Public Safety (DPS), 31-year-old Gabriel Arenas Ibarra was attempting to cross Farm Road 802 near Vermillion Avenue when he was struck by a Toyota Tacoma traveling west on the roadway.
The driver of the Toyota, who wasn’t identified, stopped to render aid and called 9-1-1. According to DPS, Ibarra died at the scene due to his injuries.
DPS was still investigating the crash as of this writing.
Can a pedestrian and a driver both be at fault?
Texas is a modified comparative-negligence state. In simple terms that means fault can be apportioned according to the degree to which each party contributed to the accident. Under this rule, an injured party can still recover compensation from other at-fault parties if the injured party is less than 51 percent at fault.
Scenarios that could place fault on both parties
One example of shared fault would be a case in which the pedestrian violated their duty of care by jaywalking and the motorist violated theirs by driving 35 mph in a 25 mph zone.
The pedestrian’s attorney would try to show that the driver could have seen the pedestrian in time if they had not broken the speed limit. The driver’s attorney, however, would argue that the pedestrian crossed so suddenly that a collision would have been unavoidable regardless of their speed.
A judge, jury, or arbitrator would have to determine each party’s percentage of fault.
Contact the J. Gonzalez Law Firm
Even if you had a role in causing an accident, you might still be able to recover compensation. At the J. Gonzalez Law Firm, our dedicated personal injury attorneys understand what is at stake, and what you as an injured party are going through. The J. Gonzalez team can investigate your accident, uncover valuable evidence, and use it to build a strong case on your behalf.
We offer an initial consultation at no cost or obligation to you. You only pay when we obtain a settlement in your favor. Contact us right now via this website, or by calling 1-800-CAR-CRASH.
