Drivers in San Antonio are of course required to try and avoid accidents to whatever extent safety allows. Yet that does not necessarily mean that all incidents involving vehicles and others on the road (such as motorcyclists, bicyclists and pedestrians) are the fault of drivers. The aforementioned parties are also required to adhere to the laws regulating their use of the road. If and when an accident between such parties does occur, liability may be assigned to whichever was in violation of said laws.
This fact was on full display in a recent auto-pedestrian accident that occurred in Brownsville. A pair of sister were killed when they were struck by a car as they were crossing the street. The driver who hit them was not cited or charged in the accident, however. The fact that the sisters were said to have been jaywalking may have had something to do with this.
In this particular case, it may be difficult to assign fault to the driver given that he technically had broken no laws (this much was confirmed by authorities). Even though the two women bore the brunt of the damages caused in the accident, an argument could be made that had they observed the law, they would never have been in a position to be struck by the car in the first place.
Another element is at play in this case, however, that could be a factor in determining liability. The driver was a young teenager who had just recently received his drivers’ permit. Some might argue that his or her inexperience behind the wheel could have contributed to the accident. In any case, those involved in accidents like this may be wise to secure the services of an attorney to either press for or defend themselves against liability claims.
Source: The Brownsville Herald “Auto-pedestrian accident in Brownsville leaves two sisters dead” Reagan, Mark, Mar. 15, 2018