A Midland, Texas woman was arrested following a pedestrian accident that left one dead. She also reportedly fled the scene of the crash, and a bond in the sum of $100,000 was ordered as her bail. The pedestrian accident occurred when the young driver hit a woman who was walking along the side of the street. The injured woman was taken to a local hospital where she later died from her injuries.
According to Midland, Texas police who are investigating the accident, the evidence suggests the pedestrian did not enjoy a right of way immediately prior to the collision. Nevertheless, it is not clear from the initial facts revealed exactly when the driver first saw the pedestrian. The driver has been charged with a second degree felony for DUI manslaughter. The driver fled the scene but was arrested after she called to report another unrelated accident and was showing signs of intoxication.
The apparent actions of the pedestrian may complicate the investigation. If a court determines that the right of way was with the car driver, that finding may impact the ability of her family to prove the driver was negligent in any wrongful death claim arising from the tragedy. As more facts are gathered, issues such as the level of the driver’s alleged intoxication and whether she had a clear chance to both see the pedestrian and take evasive action prior to the crash may be relevant.
This is a challenging case because it appears that both the driver and the pedestrian were not following the law. Should the surviving family members choose to do so, they will have the opportunity to prove in a Texas civil courtroom that their loved one would be alive today were it not for the negligent actions of the car driver. Any criminal conviction gained by the government for DUI manslaughter may help the family advance its claim for reimbursement of the monetary damages that followed the fatal accident.
Source: mywesttexas.com, “$100,000 bond set for woman who allegedly hits pedestrian,” May 20, 2013
