Pedestrian Death May Open Door For Wrongful Death Claim

Pedestrian Death May Open Door For Wrongful Death Claim

Every time that a driver gets behind the wheel or a citizen decides to cross a busy road, there is risk of injury or worse. For one Georgia man, his attempt to cross an intersection led to his death. Incidents like this may very well open the door to a wrongful death claim.

The incident happened at night in Marietta, Georgia. The man was reportedly crossing when he was struck by a car driven by a 56-year-old woman. The pedestrian was taken to a hospital where he later died. The driver did not sustain any injuries from the accident.

According to reports, there are no charges expected against the driver. It is also reported that the pedestrian who lost his life was not walking in a crosswalk at the time of the accident. It is unclear if there was one available for the pedestrian to use. News reports have not released the name or the age of the man who was killed in the incident.

While there may not be criminal charges filed against the driver, the family of the pedestrian has rights that they may want to legally pursue. With crosswalks, there is an expectation of safety; however, it is unknown if there was a crosswalk available or a safe place for the pedestrian to cross this particular intersection. In some cases, pedestrians are left with no options but to risk life and limb to cross certain roadways. There may even be times when crosswalks are not clearly marked and the town or county authorities may be liable for damages or wrongful death if someone is injured or killed crossing where a crosswalk should be or was once visible.

Source: The Atlanta Journal-Constitution, “Pedestrian struck and killed in Marietta,” Alexis Stevens, Feb. 4, 2013

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