According to local news reports a man was killed in a pedestrian accident in San Antonio Texas. The incident occurred around 7 p.m. Sunday May 27 when police believe 22-year-old Leroy Darden was struck by an out-of-control vehicle along Blanco Road near Wurzbach Parkway. The driver of the vehicle 38-year-old Raymond Schmidt veered onto the sidewalk and struck Darden and drove away. He then struck a Camry turning left onto Wurzbach and proceeded to turn into oncoming traffic before he swerved into an overpass wall. Darden was taken to University Hospital where he later passed away.
Site of the Accident
Though police are said to be contemplating additional charges related to alleged intoxication if those come to fruition that will only add to the accidents liability. To have standing in a wrongful death claim another partys negligence must be established. This essentially means a plaintiff is tasked with showing how a defendant acted in a manner contrary to safety and that this act was the proximate cause of the incident. Veering onto a sidewalk and striking a pedestrian may indeed meet this threshold. Once civil standing has been established (by proving negligence) damages like funeral arrangements loss of financial support or loss of consortium can be sought after.
- Attorney Michael Grossman