Can Our Family Still Recover If a Hit-and-Run Driver Is Never Caught After Killing My Brother?

Every single circumstance is different, and the question that an experienced licensed and well-versed attorney would have is whether your brother was walking on a frontage road where pedestrians could be designated to be in our community. That is vastly different from an individual who is walking on the highway.

Walking on a Highway vs. a Frontage Road

A jury would question, why ever a pedestrian would be walking on the highway if it weren't an intention to harm themselves. Often times, juries will result and decide that there is no negligence of the other motor vehicle individual because a pedestrian cannot be anticipated to be walking on the highway.

When the Frontage Road Changes Everything

But if your brother walks home on the frontage road on a designated walkway and a vehicle veers off of the walkway and strikes that is negligence for which there would need to be a very thorough investigation by the responding police department — in this case San Antonio Police Department and the homicide division would be investigating.

Broken-Down Vehicles on the Roadway

If your brother was on the side of the highway near a vehicle, for example, broken down, those instances also merit recovery. Because when a vehicle is broken down, people on the roadway need to be cautious of the individual because there is a high propensity to cause injury if not death.

It is important to hire a lawyer that has seen these types of cases before, like us at Smart Injury Law.