Can family members bring a wrongful death claim following an auto-pedestrian crash in which the victim was partly at fault?

Yes, surviving family of auto-pedestrian victims may be entitled to compensation for a car accident in Texas even when the victim is found to be partly at fault.

Texas Comparative Negligence

Texas follows a specific type of comparative negligence doctrine known as the modified comparative fault 51% Bar Rule. It is also known as proportionate responsibility. Under this law:

• · Pedestrians who are partly to blame for causing an auto-pedestrian accident can recover damages as long as they’re 50% or less at fault for the accident.

If crash victims are 51% or more at fault, they won’t be able to recover compensation under Texas law.

When a partially at-fault victim is awarded compensation, the compensation is typically reduced by the same amount as their percentage of fault.

Protect your rights

It’s important to remember that initial fault determinations aren’t always correct. Police, insurance companies, and others can make mistakes. Incorrect conclusions can occur when certain evidence isn’t available, such as the results of a blood/alcohol test. Vehicle maintenance records and commercial driver’s license credentials can also be delayed and these can be key pieces of evidence when determining percentage of fault.

It’s only prudent that victims retain a qualified personal injury attorney who will make sure the investigation into the accident is thorough and conclusive. Don’t rely on someone else’s word on a fault determination. Opposing parties such as an insurance company will be trying to place as much of the blame on the victim as they possibly can in order to save themselves money.

The J. Gonzalez Law Firm has decades of experience protecting the rights of crash victims, so they know how to push back against wrongful fault determinations. J. Gonzalez and his team can preserve the value of your claim, and they will fight for you until you recover a full and fair compensation. Contact us today via this website, or by calling 1-800-CAR-CRASH to see if we can go to work for you.

Auto-pedestrian accident claims man’s life

By: Benjamin Treviño

According to Brownsville police, a 49-year-old pedestrian died one day after being hit by a vehicle on Wednesday after he was struck by a vehicle.

The incident happened January 19 at around 7:30 p.m. in the 6500 block of Padre Island Highway, according to a news release.

The release identifies the victim as Oscar Cantu. The report states Cantu was crossing the roadway when he was struck by the vehicle. 

Cantu died in the hospital from his injuries on the morning of January 20.

The driver of the vehicle, who was not named in the release, remained at the scene following the collision and was cooperating with police, the news release added.

Source: https://www.krgv.com/news/man-dies-following-brownsville-auto-pedestrian-crash?