Austin, TX — October 26, 2024, a pedestrian was killed as the result of a car accident at around 11:21 p.m. along I-35 near St. Elmo.
Preliminary details about the collision say that it happened along the northbound I-35 Service road approaching East St. Elmo Road.
According to officials, a 47-year-old woman was on foot at the time and in the roadway of the northbound travel lanes. While there, a Mazda CX-5 struck the woman. As a result, the woman was killed. There were no other reported injuries.
Right now, authorities do not report any charges or citations. Additional details are unavailable.
Commentary by Attorney Michael Grossman
With pedestrian accidents, folks sometimes falsely believe everything comes down to right-of-way. That’s certainly a crucial detail, but it’s just one of many to consider. Generally speaking, the more relevant detail to consider is how reasonably avoidable a collision was.
For example, if a pedestrian steps out into the path of the car without any time for a reasonable driver to react, it would be ridiculous to expect the driver to avoid them. But if the pedestrian is clearly visible and far away enough to avoid, a reasonable driver should be able to slow down and go around them.
As such, if an accident like this happens, it’s worth knowing how fast the driver was going, if they were intoxicated, whether or not they were on their phone, or if there were any other extenuating circumstances that prevented them from avoiding an otherwise avoidable collision. Have authorities looked into that here?
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