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Pedestrians, drivers, workers, and others near traffic are always susceptible to injuries from cars and obstacles nearby. Regardless of whether someone is arrested for their mistakes on the road, a victim can still retain a lawyer to file a civil personal injury lawsuit.
Local news for the city of Austin, Texas reported as details emerged regarding a deadly accident involving a pedestrian and one vehicle on a five lane road.
Pedestrian is hit and killed on a dark road in east Austin
The collision happened at about 8:30 pm on the 1100 block of East 51st Street in Austin near Cameron Road. The driver was in a 2017 Jeep Wrangler that was traveling on the road through the east section of the city. While the driver was proceeding in the inside lane, the victim was struck by the vehicle. The driver remained on the scene after the accident and cooperated with law enforcement. It does not seem that any criminal charges or traffic citations will be issued.
Law enforcement may be trying to suggest that the victim is partially at fault, as they mentioned that the area was dimly lit, she was not in a crosswalk, and the area contained five traffic lanes. The 48 year old female victim was transported to Dell Seton Medical Center by Travis County EMS with significant injuries. She died later that night.

Is the driver free from liability if there are no criminal charges?
While the driver will not be charged or cited by the police, this does not end the inquiry for the purposes of a civil lawsuit. In traffic accidents, citations, criminal acts, and violations of traffic laws may be used as evidence of negligence, but they do not decide the outcome of the case. These factors are considered by a jury along with all other available evidence. It is still possible for the driver to have to pay the victim and their family after a lawsuit, even if they are never given any traffic tickets or put in jail.
Keep in mind that the police are only able to use their judgment at the scene to determine if any traffic laws were violated. A civil lawsuit uses a different burden of proof and the inquiry is much deeper.
Who will file the lawsuit when the victim dies?
Texas and all other states in the U.S. allow a victim’s family members to file a wrongful death lawsuit on their behalf. The person or estate who stands in the place of the victim will have the right to collect various kinds of damages related to funeral expenses, medical treatment, and lost wages. The rules for a wrongful death lawsuit are similar to negligence cases, but there are some crucial differences such as a shorter statute of limitations. These cases can also be filed even if the defendant was never charged criminally.
Get help from an accident lawyer near you
If you have been involved in any kind of accident as either a driver, pedestrian, or bystander in Austin, there is help available. The Robson Law Firm specializes in personal injury cases and motor vehicle accidents.