Hit-and-Run Driver Kills Pedestrian on the North Freeway

Few details were available after a driver fatally struck a pedestrian on northbound Interstate 45 at approximately 10:30 p.m.

The identity of the deceased adult female, believed to have been a pedestrian struck by an unknown vehicle, is yet to be verified by the Harris County Institute of Forensic Sciences. The driver involved in the incident reportedly fled the scene without stopping to render aid.

Police investigators are looking into the matter.

Pedestrian Accidents and Speed

Velocity always affects the force in a crash. In a pedestrian accident, velocity greatly affects the amount of force in a crash.

At impact speeds below 20mph, the pedestrian fatality rate is below 10 percent. At impact speeds above 60mph, the pedestrian death rate catapults to over 90 percent. Pedestrians are completely defenseless against oncoming vehicles. They bear the entire force of the impact.

The speed factor partially accounts for the overall high pedestrian death rate. Pedestrians account for less than 1 percent of roadway traffic. Yet they account for almost 2 percent of fatal accident victims. Most pedestrian accidents happen outside marked crosswalks. Therefore, at the time of impact, the tortfeasor (negligent driver) is usually traveling at or near top speed.

Velocity also affects the risk of a collision. Speeding drivers have less time to react to jaywalking pedestrians and other unexpected hazards.

Comparative Fault

Jaywalking pedestrians are very common hazards. Most people will see at least one jaywalking pedestrian on their way to or from work every day. Jaywalking pedestrians on freeways are extremely rare and almost impossible to anticipate, unless a disabled vehicle was nearby or that portion of the freeway was near a pedestrian walkway.

These factors could affect the division of fault in a hit-and-run case. Texas is a modified comparative fault state. If a victim is less than 49 percent responsible for injuries, a Sugar Land car accident lawyer can obtain a proportionate share of compensation.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Ancillary legal issues affect the fault division as well. Juror disdain is a good example. Many jurors hate hit-and-run drivers, so they’re more likely to assign a greater percentage of fault to the tortfeasor.

Special Issues in Hit-and-Run Cases

Rather surprisingly, identifying a hit-and-run driver, even one who immediately flees the scene on a dark night, isn’t too difficult in most cases.

The burden of proof in a civil claim is a preponderance of the evidence (more likely than not). It’s more likely than not that the owner was driving a vehicle at any particular time. So, a Missouri City personal injury lawyer must only find the vehicle’s owner.

This process usually involves a combination of eyewitness and electronic evidence. Most hit-and-run tortfeasors at least slow down a little, allowing an eyewitness to get a general description of the vehicle (e.g. a silver Hyundai or Kia). An attorney then examines footage from nearby surveillance cameras. If a silver Kia or Hyundai has damage consistent with the pedestrian accident, it’s more likely than not that the two vehicles were the same.

Then, it’s simply a matter of obtaining a partial plate number, from that camera or another one, and tracking down the vehicle’s owner.

In the unlikely event an attorney can’t find a hit-and-run driver, other options are available, such as a PIP insurance claim. These claims usually settle quickly, and on victim-friendly terms.

Count on a Diligent Harris County Attorney

Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you contact us, the sooner we start working for you.

Source:

mytexasdaily.com/upper-gulf-coast/fatal-hit-and-run-incident-on-north-freeway-in-houston-texas/article_61dfa062-122d-53c3-929c-f0bc35d7e5fb.html#google_vignette