• December 13, 2022

Roberto Cortez Killed in Pedestrian Accident in Houston, TX

Houston, TX -- October 15, 2022, Roberto Cortez was killed due to an accident where a vehicle struck Cortez in the roadway.

Investigators said that the accident happened at around 2:32 a.m. along Rampart Street off the corner of Elm.

Officials indicated that 73-year-old Roberto Cortez was walking and reportedly began to cross northbound lanes of Rampart. While doing so, a vehicle struck Cortez, resulting in fatal injuries.

It was claimed that Cortez tested at a .312 BAC following the incident. This and other details have yet to be confirmed.

Commentary on Roberto Cortez Pedestrian Accident in Houston

The reason I address incidents like this one is to anticipate hasty assumptions those in the public could make. To be blunt, if people see someone was crossing traffic while allegedly almost four times the legal limit, they're just going to blame the victim and move on. There are two main reasons this is irresponsible, as there could be extenuating circumstances beyond the victim's control.

Roberto Cortez Killed in Pedestrian Accident in Houston, TX

For one, the claims that the victim were alcohol need to be considered, as its possible this all wouldn't have occurred if the victim was drinking somewhere that followed the law. I had this case a while back, for example, where a man was illegally over-served by an establishment, and he became dangerously intoxicated. He did the right thing by walking instead of driving, but it led to him becoming disoriented and wandering onto the freeway where a car hit and killed him. Due to dram shop law, the establishment that illegally over-served him was liable for their role in his death. Could it be that something similar happened here?

Secondly, pedestrian accidents can become challenging if they were reasonably avoidable. If a driver should be able to see and avoid someone, it doesn't matter if they are or aren't in a sidewalk. Drivers owe a minimum duty to avoid accidents if reasonably possible. Otherwise, if the victim wasn't visible and there was no real way to avoid the collision, of course it would be ridiculous for the driver to be responsible for something they couldn't avoid.

Again, I can't say what happened here, but someone lost their life here. Their loved ones deserve to know that all possible contributing factors have been explored. If authorities didn't take those steps, the incident would likely be better off in the hands of independent professionals.

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