Caleb Davis Killed in Abilene, TX, Pedestrian Accident
Abilene, TX -- January 4, 2017, Caleb Davis was fatally injured as the result of an accident where a vehicle hit him as he walked on Winters Freeway.
Abilene authorities responded to the accident scene just north of 1st Street at around 1:00 a.m. According to their preliminary investigations, 20-year-old Davis was walking along the the highway.
Reports indicate that Davis attempted to cross traffic lanes. As he did so, a vehicle drove through the area, striking Davis in the process. Davis swas thrown to the roadway, sustained fatal injuries.
Emergency services rushed to the scene to render aid, but Davis died shortly after the accident. The driver was not injured.
Authorities did not say if any charges or citations were being considered. They say the crash is still under investigation.
Map of the Area
Accidents such as these can often become more complex than most people would consider. Whenever people read about this kind of accident, they tend to assume that whoever violated the right of way at the time is at fault for the accident. This isn't necessarily the case. While determining right of way is important, determining who is at fault requires a closer look at the surrounding context of the incident.
Our firm has seen many pedestrian accidents over the years. Sometimes the driver ran a red light or failed to yield, leading to a collision. Sometimes, the pedestrian neglected a traffic signal or crossed at an uncontrolled section of road and was hit by a car. In the latter cases, the driver does not automatically avoid all responsibility for the accident. Investigations must be thorough to determine that the driver was behaving responsibly and did not make the accident worse through negligence of their own.
For instance, the pedestrian may have crossed when they didn't have right of way, but the driver should have had plenty of time to avoid hitting them, either by stopping or avoiding him. Maybe the driver was texting, speeding, drunk, or otherwise impaired when the accident occurred. In this scenario, it can be reasoned that while the pedestrian is responsible for a portion of the blame, the driver's negligence was the proximate cause of the injury or death that occurred.
Whether or not this is the case in a given accident depends on a thorough investigation. With the evidence gathered, a jury must decide who should be held liable for the crash. It all comes down to the portion of blame for which the involved parties are responsible. Pedestrians have to adhere to the rules of the road, but violating right of way does not excuse a driver of their negligent actions. They too must be held accountable if their reckless behavior harms another person.
--Grossman Law Offices