• January 24, 2017

Alice Sierakowski Killed in Telferner, TX, Pedestrian Accident

Telferner, TX -- January 20, 2017, Alice Sierakowski was killed as the result of an accident where she was hit by a vehicle while walking.

According to the Texas Department of Public Safety, the accident occurred at around 7:30 p.m. near the intersection of US 59 and FM 1686, just east of the Victoria Regional Airport.

Preliminary investigations have indicated that 54-year-old Sierakowski was walking in the area when she reportedly attempted to cross the US 59 service road. As she did so, anorthbound Pontiac G6 did not see her in time, striking her in the roadway.

Sierakowski was critically injured as a result, and she was eventually pronounced dead at the scene. No other injuries were reported.

Authorities did not report any charges or citations resulting from the accident. They say the incident remains under investigation at this time.

Map of the Area

Commentary

Pedestrian accidents can often be complex for people because many people aren't entirely aware of the possible factors surrounding them. When most people think of who is at fault for a pedestrian accident, the typical assumption is that the person who did not have the right of way at the time is the one at fault. While determining who had the right of way is a necessary component of any accident, it is not the ultimate indication of who was at fault for an accident.

Texas law dictates that all motorists have a duty to avoid accidents to the best of their ability, including specifically stating that drivers must reasonably be attentive for pedestrians in the roadway. Even if that pedestrian happens to be violating the driver's right of way, they still must make an effort to stop or otherwise avoid hitting the pedestrian. Now, sometimes this simply isn't possible. If there happens to be limited visibility or the pedestrian enters the car's path at the last second, there's not much anyone could reasonably do to avoid an accident. However, there have been plenty of instances in the past where a driver's negligence significantly contributed to someone's injury or death.

Our firm has represented several pedestrians in the past who happened to violate a vehicle's right of way, either crossing without a crosswalk or without a proper signal. However, extensive independent investigations revealed that the drivers involved in the accident were behaving negligently--speeding, texting, intoxicated, etc. By being distracted and/or impaired at the time, these drivers failed in their duty to take proper evasive actions, therefore contributing to the injury or death of a pedestrian.

Whether or not something like this occurred in any given accident requires close investigation of the factors surrounding the incident. A pedestrian violating a driver's right of way does not excuse the driver's actions. If it turns out that the driver's negligence contributed to the accident, then that person needs to be held accountable for their actions.

--Grossman Law Offices

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