James Fachorn Killed in Robertson County, TX, Accident
Robertson County, TX -- January 11, 2017, James Fachorn suffered fatal injuries due to an accident in which he was struck by an 18-wheeler.
Robertson County officials reported on the fatal incident which occurred just after 6:30 a.m. It happened north of Benchley along US 190.
According DPS investigators, 57-year-old Fachorn was attempting to cross US 190 on foot. He made it across southbound traffic lanes, but entered the path of an oncoming 18-wheeler in the northbound lanes. The 18-wheeler driver did not see Fachorn and struck him in the roadway.
Reports say the truck driver thought he hit a deer, but pulled off the highway and called emergency services to be safe. EMS rushed to the scene to find Fachorn in critical condition. He was taken to St. Joseph Hospital in Bryan for intensive car. He later succumbed to his injuries.
Authorities did not report any charges or citations stemming from this incident. They did not suggest any particular factors contributing to the accident.
At this time, investigations are ongoing.
Map of the Area
Most people who live here in the cities would never dream of crossing a highway, but it's very common to see that sort of thing in more rural areas. Unfortunately, that means these areas will often have accidents like this one. Whenever an accident like this occurs, most people will simply say, "the pedestrian was at fault because they tried to cross a highway." While crossing a highway is certainly dangerous and illegal, but a pedestrian violating a driver's right of way does not automatically make them liable for an accident.
In the Texas Codes and Statutes, Section 552.008 states, among other things, that, "the operator of a vehicle shall exercise due care to avoid colliding with a pedestrian on a roadway." This means that drivers must remain attentive and do everything they can to avoid an accident with a pedestrian. Even if that pedestrian is crossing where this is no crosswalk, walking in the roadway, or otherwise illegally entering the path of a vehicle, drivers still must try to avoid them if at all possible.
Our firm has handled some accidents in the past where a pedestrian was hit by a vehicle while walking on the wrong side of the road or illegally crossing without a crosswalk. Upon further investigation, it was found that the drivers involved should have reasonably been able to avoid hitting them. Some of these drivers were speeding, some were intoxicated, and some were texting. There are many ways that drivers can behave negligently, and it's important to determine whether or not factors like this are involved in any given accident.
I can't say one way or the other if this accident has any such factors since I can only look at preliminary police reports released by news outlets. These reports rarely go in-depth on crucial details like the ones I mentioned above. In this particular accident, it needs to be determined just how visible the victim was in the roadway and how much time the driver had to react. If the road was flat, headlights on, and the driver should have had time to react, then investigators definitely need to consider why the incident was allowed to happen.
If a thorough investigation is done, especially by an independent professional outside of the police, then all possible factors will certainly be looked at more extensively. It isn't exactly common for drivers to be liable in these cases, but when someone is hurt or killed, all possibilities warrant consideration.
--Grossman Law Offices