Articles Posted in Pedestrian Accidents

A North Carolina trucker who faced criminal charges in Massachusetts for the death of one pedestrian and the serious injury of another pedestrian will now only receive probation. truck

That decision was part of a plea bargain with prosecutors in the Commonwealth, who had charged the trucker with motor vehicle homicide. That charge was dropped in exchange for the trucker’s guilty plea to a charge of negligent driving. The judge in the case also suspended the trucker’s driver’s license for three years, retroactive to the date of the May 2015 crash.

The pedestrian-truck accident claimed the life of a 24-year-old woman and seriously injured a 25-year-old man who was with her. According to the Worcester Telegram, the crash happened shortly before 9:30 p.m. as the trucker pulled his 18-wheeler to the side of the road in order to allow a fire truck that was behind him to pass. However, he then started to move forward to enter a roundabout. But as he did so, the trailer of his vehicle struck a stop sign and a light pole. When that pole fell over, the young woman standing nearby on the sidewalk was knocked over as well and was caught in the truck’s wheels.

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A number of car accident lawsuits and personal injury cases involve parties who know one another. They may be friends, neighbors, or even family members. While plaintiffs may initially be reluctant to file a case against a loved one, these matters are often not about collecting directly from the defendant but instead from the defendant’s insurer. Often, it’s essential and the only way to get medical bills and lost wages covered. curb

A recent case before the Alabama Supreme Court involved two individuals who had been friends and neighbors for approximately 20 years prior to the incident in question. Every month – sometimes a couple times a month – the two women would shop together and share rides to help ease the burdens of gas prices and wear-and-tear on their vehicles, and to keep each other company. They typically alternated as to whose vehicle they would use.

On one morning in August 2013, the defendant called the plaintiff to ask if she could accompany her to the store. The defendant was taking her elderly aunt with her that day to buy medication and other merchandise in preparation for her aunt’s upcoming move out of state. The defendant explained the elderly aunt was “very old” and moved slowly, and the plaintiff said she would appreciate the extra help. The defendant also suffered from a number of health problems that impeded her mobility, but she was able to walk without assistance.

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The Southeastern U.S. has the most dangerous roads in the country for pedestrians. That’s according to a new report by Smart Growth America. “Dangerous by Design 2016” details the number of pedestrian accidents in the country between 2005 and 2014. Within that span, nearly 46,200 people were struck and killed by motor vehicles while walking. crosswalk

In 2014, which is the most recent year for which federal data is available, 4,884 pedestrians died after being struck by a vehicle, which is an increase of 105 from the previous year. That figure means that each day in this country, on average, 13 pedestrians lost their lives. That figure doesn’t include the number who may have survived but suffered serious and debilitating injuries.

South Carolina ranked No. 7 in the nation for the most pedestrian deaths during the study period. There were reportedly 1,057 pedestrians killed in South Carolina between 2005 and 2014. The annual number of pedestrian deaths per 100,000 people was 2.24. (The most dangerous state in the country, Florida, had a rate of 2.66.) The pedestrian danger index, or PDI, in South Carolina was put at 106.5. PDI is a measure of the local commuters who walk to work and the most recent data on pedestrian deaths. North Carolina didn’t fare well either. It ranked No. 11, with 1,690 pedestrian deaths during the study period, amassing an annual pedestrian fatality rate of 1.73 per 100,000 people and a pedestrian danger index of 96.3.

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Two children were struck and killed by an unlicensed driver while crossing a busy, five-lane road with their babysitter on a Thursday night. The babysitter suffered injuries, while the children, ages 10 and five, were pronounced dead at the scene.pedestrian

Authorities are investigating the tragedy, which involved a 20-year-old driver who struck all three pedestrians crossing near an intersection (but not in it). There is a traffic signal but no pedestrian crosswalk at that intersection. The speed limit on Fairview Road, where the fatal crash occurred, is 45 mph, according to the Asheville Citizen-Times. The driver was arrested on the scene for not having a valid state driver’s license and for driving with no operator’s license. Still, investigators say it is unlikely he will face additional charges. There is no indication he was speeding or under the influence of drug or alcohol. Furthermore evidence indicates the driver’s traffic light was green at the time he proceeded through the intersection. He struck the trio shortly after passing through it, investigators believe.

According to data from the National Highway Traffic Safety Administration (NHTSA) released in May, there were 4,884 pedestrians killed and 65,000 injured nationally in traffic crashes in 2014. On average, that meant a pedestrian was killed every two hours and injured every eight minutes. A quarter of these occurred from 6 p.m. to 9 p.m. – which is precisely when this incident happened. The babysitter, whom family describe as “like a grandmother” to the children, was walking them to a local Subway restaurant in a nearby plaza to get some dinner.

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An arrest was made in a deadly hit-and-run pedestrian accident that happened near the South Carolina-Georgia state line on U.S. 17 earlier this month. South Carolina Highway Patrol arrested a Georgia man who was reportedly operating a 2015 Chevy Impala when he struck a 26-year-old man from Midway, Ga., who was walking along the road around 5:30 a.m.crosswalk6

The 26-year-old pedestrian died of his wounds after being transported to the Memorial University Medical Center where he died of his injuries.

Local media reported on the case and the fact that authorities were unable to locate the driver. A tipster called in to police after seeing one of those reports, and led authorities to the suspect – and his car, which was seized as evidence.  Continue reading

A jury in Asheville recently convicted a man of a 2014 fatal pedestrian accident that killed a 66-year-old woman on Kimberly Avenue in North Asheville. sneakers

According to the Asheville Citizen-Times, defendant was driving 65 mph in a 25 mph zone when he lost control of his vehicle and jumped a curb, striking the victim who was on the sidewalk, walking home following an afternoon at a local bird sanctuary. Jurors sentenced defendant to 13 to 25 months in prison.

Now, as we know from recent figures released by the National Highway Traffic Safety Administration (NHTSA), that was just one of just 172 fatal pedestrian accidents in North Carolina that year. While pedestrian accident deaths in North Carolina have stayed largely the same, they are inching upward in South Carolina.  Continue reading

Although traffic deaths have spiked recently with lower gas prices, car accident fatalities and injuries have been on an overall decline in recent years. We can thank safer roads and better cars for that. crosswalksign

But there is one group that hasn’t fared so well: Pedestrians.

The Governors Highway Safety Association (GHSA) opines the number of pedestrian deaths nationally has spiked by 10 percent this last year. That follows a 19 percent increase from 2009 to 2014.

Charlotte-Concord does not rank well in these statistics. A study released in 2014 titled Dangerous by Design revealed this area ranked No. 10 in terms of the most dangerous metro area for pedestrians. When researchers tallied the Pedestrian Danger Index in 51 of the nation’s biggest cities, they looked at how many pedestrian deaths there were compared to the percentage of those who walk to work. Charlotte had a PDI of 111.74. That is more than twice the national average of 52.1.  Continue reading

A teen who sustained injuries after being struck by a vehicle while crossing the road will have the opportunity again to take her case to trial, following a recent ruling by the North Carolina Court of Appeals.
In Castro v. Thomas, a trial court judge had granted a directed verdict to the defense upon finding that:
Speed was not a factor in the crash;
Defendant did not see plaintiff until mere seconds before impact;
Plaintiff was contributorily negligent in crossing the road outside a designated crosswalk, in violation of N.C. Gen. Stat. 20-174.

The incident happened in Asheboro, about 1.5 hours northeast of Charlotte. North Carolina is one of just four states that continues to follow the contributory negligence rule, which hold that a plaintiff found to have contributed to his or her alleged damages to any degree will be totally barred from any damage recovery.
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When a car hits a pedestrian, the person on foot is often seriously injured. These accidents can result in death or severe injury to victims, including broken pelvic bones and limbs and serious internal damage to organs and the nervous system. People who survive are often left paralyzed.

crosswalk.jpgThe reason is quite simple: While people often take car safety for granted, a car weighs thousand of pounds, and, even at speeds of less than 5-miles-per-hour, that weight translates into a tremendous amount of energy and force being transferred to the pedestrian.

According to a recent news report from WXII 12, a pedestrian was killed after being hit by a car on University Parkway in Winston-Salem, North Carolina. Accident investigators report a 64-year-old man was crossing University Parkway when an 18-year-old driver hit him with his car.
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Cheeks v. AutoZone, Inc., a case from the Supreme Court of Mississippi, involved plaintiff who was hit by a car at defendant’s auto parts store. According to court records, plaintiff drove to the store and parked on the side of the building where there was no sidewalk or protective bollards. A bollard is a round post made of steel or concrete to stop a moving vehicle. At this store, there were bollards at the front side of the store, and they were painted bright orange.

bollard-1271697-m.jpgAs plaintiff walked to the front of the store, he reached for the entrance door and heard a warning. He turned and saw a car about to hit him. The car was only a few feet away when he first noticed it. He tried to run behind one of the bollards, but it was too late to prevent getting hit. Plaintiff was seriously injured.
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