• July 20, 2017

Joshua David Jimenez Killed in Lubbock, TX, Pedestrian Accident

Lubbock, TX -- July 18, 2017, Joshua David Jimenez was fatally injured following an accident where he was struck by a vehicle while walking.

The Lubbock Police Department responded to the accident scene at around 11:00 p.m. near the intersection of Quaker Avenue and 40th Street.

According to preliminary details released, 26-year-old Jimenez was walking in the area when he attempted to cross Quaker Avenue. As he did so, an SUV driver did not see him in time and struck him in the roadway.

Jimenez was fatally injured in the collision. He was transported to University Medical Center for treatment where he later died.

Police did not say if any charges or citations were issued after the crash. No further information was released.

Map of the Area

Commentary

I see a lot of accidents where a pedestrian will be hit by a car while crossing where there is no crosswalk, and people will say, "The car had the right of way, so the pedestrian was at fault." While determining right of way is an important detail, it is not the ultimate decider of who bears responsibility for an accident.

While pedestrians have a responsibility to follow the rules of the road, drivers also owe pedestrians a duty to avoid them when at all possible. Let's say, for example, that a pedestrian crosses into the path of a vehicle mere feet in front of them. Even the most careful, attentive drivers at a certain point can't stop in time to hit someone that enters their path so suddenly. However, if the pedestrian is well within view, and the driver has time to avoid them yet fails to do so, then the driver was most likely doing something they shouldn't have been doing.

As far as this particular accident is concerned, I simply don't know enough information to determine one way or another what happened. There doesn't appear to be a crosswalk at this intersection, but like I said, there are many factors which need to be considered. There needs to be a thorough, independent investigation into this accident to determine not only the location and actions of the pedestrian, but also the location and actions of the driver. Getting justice for the victim and his family means leaving no stone unturned and getting to the bottom of what truly happened.

--Grossman Law Offices

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