Recently, a man was killed when he tried to walk across US 281, forcing the highway’s closure between Nakoma Street and Bitters Road. The driver did stop at the scene and try to render aid, but the man was beyond help. If you are so unfortunate as to lose a loved one in that way, you may be able to file a suit for wrongful death against the driver - even if they did stop and attempt to render aid. No amount of money will bring your loved one back, but it can help to pay bills during the time you may need to get back on your feet.
A Duty of Care
Pedestrian accidents happen all too commonly in Texas, with over 8,100 being registered in 2018, yielding 693 fatalities. There are multiple causes for these crashes, including excessive speed, substance abuse, failing to yield properly, and a general lack of pedestrian-safe infrastructure like crosswalks and stoplights. Many of these are on display in the US 281 accident, most notably a lack of any place for a pedestrian to cross the street safely.
That said, a driver on the road has a duty to exercise reasonable care toward others on the road, and a failure to do so can open them up to liability. If they strike another motorist or a pedestrian, they may be sued for negligence or for wrongful death if the injured person does not survive. While there is no indication that the deceased pedestrian’s family intends to take any action against the driver, they could do so if they believed that the driver was negligent in causing the pedestrian’s passing....