October 7 auto-pedestrian accident
by Benjamin Treviño | October 11th, 2022 | Auto Accident, Pedestrian Accident
ALAMO – Alamo police have released limited information on an October 7 auto-pedestrian accident which left one woman dead. The incident happened on Alamo Road near the intersection of Expressway 83.
Alamo police say the woman was struck by an automobile as she was trying to cross Alamo Road. However, the time of the accident is not known.
The victim, whose name has not been released, was taken to a nearby hospital where she was pronounced dead. Her identity has not been released, pending notification of her relatives, but police say she was 50-years-old.
Police say the driver remained at the scene and was not expected to be charged with any wrongdoing.
Fault in Texas pedestrian accidents
What happens if you’re injured in an auto- pedestrian accident? Can you automatically sue the driver for your injuries?
Auto-pedestrian accidents are not always the fault of the driver. To receive compensation for your injuries, you have to show that someone else caused the accident that led to your injuries. In most cases, this means you have to show that someone else was negligent.
Pedestrians can often have the right of way on a public street, such as when they are crossing in a designated crosswalk. And motor vehicle drivers are required to exercise due care to avoid colliding with a pedestrian on a roadway. If a driver fails to exercise due care (by, for example, texting while driving) and collides with a pedestrian, the driver is probably negligent.
However, in some cases, the accident can be the pedestrian’s fault, particularly if the person is jaywalking. In other cases, it might partially be the driver’s fault, and partially the pedestrian’s fault.
Texas follows the theory of modified comparative fault. This means that a plaintiff’s damages are reduced by their percentage of fault. What’s more, if the plaintiff was more than 50% at fault, they’re prohibited from recovering any damages.
In order to sort out your situation, it’s best to consult an attorney such as the personal injury lawyers at the J. Gonzalez Law Firm. They have years of experience in these matters, and they can offer advice you can trust. You won’t have to pay a dime for it unless they successfully settle your claim. Call today at 1-800-CAR-CRASH to discuss the details of your situation.
