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Driver Charged with Manslaughter for Runner?s Death Last Year

By Beth Janicek

On Monday a grand jury indicted Philip Smith of New Braunfels on a charge of manslaughter in the death of Michael Sanchez on January 11, 2009. Sanchez, who was hit while running on the shoulder of Bandera Road headed to O.P. Schnabel Park, was an emergency room doctor and marathon runner.

Generally, the death of a pedestrian is ruled an accident and rarely results in charges. However, the circumstances behind Sanchez's death merited a grand jury review. The six month investigation by police and seven month investigation by the DA's office turned up evidence of possible driver recklessness.

Smith, 47, told police that he was driving his Ford Explorer on Bandera when his phone rang. He claimed he answered the phone, saw Sanchez on the shoulder, slammed on his brakes and the vehicle skidded. However, the police report included a witness statement that Smith's vehicle crossed a lane of traffic before hitting Sanchez. Smith also told police that he had been having brake problems and was taking his SUV from one repair shop to another.

If convicted, Smith could face up to 20 years in prison and a $10,000 fine.

Thursday, the San Antonio City Council is expected to consider the Safe Passing Ordinance that I have recently been blogging about.

Possible Safe Passing Rule for San Antonio Cyclists

Safe Passing Ordinance: Part 2

If this ordinance passes, it will require drivers to give a minimum of three feet clearance when passing 'vulnerable road users.' It is hard to say whether or not this ordinance will help protect pedestrians, cyclists, stranded motorists, etc., but it will help educate people and raise awareness that vehicles must legally share the road.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on February 04, 2010 (boomark / email).