A driver was not to blame for a rear-ender that occurred because of a pedestrian crossing a highway, a jury found on May 21. Mackenzie Darling was on a highway in Austin when a car ahead of her crashed into a median to avoid the crossing pedestrian. This caused traffic to stop, including Darling, and she was struck by Alesha Spacek. Defense counsel maintained that the collision was unavoidable, arguing that the unidentified pedestrian created a sudden emergency that left Spacek no time to avoid the collision and that the unidentified pedestrian was the sole liable party. The investigating police officer testified the collision would not have occurred if the pedestrian had not attempted to cross the highway.
Darling v. Spacek, No. D-1-GN-13-003941