A pedestrian was struck and killed by an 18-wheeler in a Thursday night crash (October 17th, 2019). The accident occurred near Brookshire Street at 17729 East Freeway, east of Harris County. The sheriff deputies reported that the pedestrian died on the spot. Drivers experienced delays using that area for the better part of the day as authorities investigated the matter.
Unfortunately, pedestrian collisions are a common thing in Texas. In most cases, distracted and negligent driving, as well as disregard for traffic rules cause these accidents. One common way insurance companies and courts find pedestrians liable is examining whether the pedestrian in question followed the Texas pedestrian law. In Texas, pedestrians should yield way to vehicles if they are crossing any roadway except for a crosswalk (whether marked or unmarked). Also, where traffic lights are available, pedestrians should only cross when the “Walk” signal is on.
Drivers, on the other hand, should yield the right of way to pedestrians at crosswalks, stop if a pedestrian is crossing a roadway and approaching their half of the road, and yield way to pedestrians crossing on the sidewalk in front of a private road, driveway, building, or alley.
On the accident on Harris County, the pedestrian was struck on 17729 East Freeway. Since freeways in Texas do not have crosswalks and traffic lights, the pedestrian may be held liable. In fact, walking across the highway is illegal in the state. But if it can be proven that the pedestrian was on the highway for unavoidable reasons, such as a broken-down vehicle, the surviving family members can file a wrongful death lawsuit against the driver or company. Additionally, if the pedestrian was visible in front of the 18-wheeler, the driver should have yielded right to way to the pedestrian.
If you have been in an accident, contact our lawyers for help today.