Michalk, Beatty & Alcozer, L.P.


Motorist strikes, critically injures man

A pedestrian accident in the Killeen area left one man critically injured recently. Police who investigated the incident said that the man had to be airlifted to a nearby hospital for treatment. The driver of the car who hit the man remained at the scene and was not physically injured in the crash.

According to initial reports, the man was in the road at the time of the accident, although police did not have an explanation as to why. Police also noted that the accident happened at the top of a hill, meaning the driver might not have been able to see more than a few feet in front of the vehicle.

Even so, there are some important things to remember about this car accident. For one, the fact that something takes a driver by surprise is not necessarily an excuse for causing an accident, including the pedestrian accident at issue here.

Just as Texas drivers have to be prepared for a car to stop suddenly in the road, they also have to be prepared for a pedestrian to be somewhere out of the ordinary or another unexpected event. Drivers need to slow down and always keep their minds and their eyes on the road, especially when their visibility is limited.

Moreover, Texas is a comparative fault state, at least to some extent. This means that even if a victim is responsible for his own injuries to a degree, he may still get some recovery from the other negligent party, even though that recover will be reduced to the extent the accident was the victim's fault.

Comparative fault principles would apply to a situation in which a pedestrian was not in a crosswalk or where a driver was expected to be.

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