An Uncommon Occurrence
A high school student from Denton Guyer High School, just outside Dallas, was killed in a car accident last Friday at the Denton intersection. The student, along with a group of friends, attempted to cross a street near an intersection when the student was struck and killed. The investigation has shown that the students were walking during a “Do Not Walk” signal, the driver had the right of way, and the driver was not under the influence of alcohol nor was he using his cell phone. The driver had exercised every expected precaution necessary; and, as a result, he was found to not be at fault for the death of the high school student. The student was only 15-years-old at the time of death.
How Was This Determined?
In this instance, the tragic death of the student was determined to be the fault of her own. How did the evidence determine that the driver was not at fault? Although this case may seem to suggest that the driver should have exercised more caution, the driver had been following all the rules. Texas exercises “modified comparative negligence,” meaning that if the driver had any form of fault in this fatal Dallas car accident, the percentage of his wrong would be compensated to the victim (assuming that the victim was less than 50% at fault). For example, if the driver had been 75% at fault, 75% of whatever damages that had occurred would be compensated by the driver. However, in the aforementioned car accident, the driver exercised all reasonable and expected precautions while driving. The students, on the other hand, crossed at a “Do Not Walk” signal, elevating the risk of a car accident and neglecting to exercise the ordinary caution expected from a pedestrian. Therefore, the driver was found to have had 0% fault.
What This Means for Dallas Drivers
This tragic Dallas car accident is important as it highlights an uncommon instance in which a car struck and killed a pedestrian, yet the driver was found to not be at fault. For drivers in Dallas, this is especially important as Texas has been shown to have some of the most dangerous driving conditions in America. With aggressive driving and car accidents being a common occurrence (this was the second accident to involve a Denton Guyer High School student), it is easy to attribute car-related accidents solely to the drivers. So long as the driver exercises ordinary and expected caution while behind the wheel, he or she stands a good chance of being found not at fault for the car accident. After all, regardless of how tragic a situation, a driver should not be punished for an accident caused by the negligence of another.
Have You Been in an Accident?
Car accidents in Dallas are bound to happen. When it does, pull over as soon as possible to a safe side of the road. Then, contact the police, keeping in mind your location. The more accurately you can provide information, the faster the authorities can arrive. Identify any injured parties, take note of the injuries and damages, and contact your lawyer.
Representation is important in a Dallas car accident, especially if it involves an injured pedestrian. Should you find yourself in need of representation, contact The Franklin Law Firm for a free consultation.