Upshur County, TX — August 20, 2024, a pedestrian was fatally injured due to a car accident at around 10:15 p.m. along U.S. 271.
Preliminary information about the accident says that it happened in the area of U.S. 271 and Union Grove Road, north of Gladewater.
According to officials, a 34-year-old man was on foot in the area of southbound lanes of U.S. 271. In a series of events unclear, a southbound Kia Soul struck the pedestrian, resulting in fatal injuries. There did not appear to be anyone else hurt in the accident.
Right now, exact factors leading up to the accident remain unconfirmed.
Commentary by Attorney Michael Grossman
I get plenty of calls regarding pedestrian accidents, and I find myself clearing up familiar misconceptions. Some think pedestrians always have the right-of-way. Others figure pedestrians are at fault if they’re anywhere outside of a crosswalk. The truth is more in the middle. At the end of the day, it’s about whether or not a collision was reasonably avoidable. If someone is in the road, but they’re clearly visible and far away enough to avoid, drivers have a responsibility to avoid them. If a reasonably prudent driver wouldn’t be able to avoid them, though, then it would be ludicrous to hold them responsible for something they couldn’t avoid. So, were authorities able to reconstruct the accident scene here and determine if the victim was reasonably avoidable?
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