Your browser (Internet Explorer 7 or lower) is out of date. It has known security flaws and may not display all features of this and other websites. Learn how to update your browser.

X

Pedestrian Wrongful Death in Canton in a Motor Vehicle Collision

A car accident in Canton last week resulted in a wrongful death and illustrates several safety lessons for us all.   According to police reports, two teenagers were driving home on a rainy night through a busy street in Canton.  The passenger was texting on his phone – not illegal, or even wrong, but not helpful to a young driver trying to navigate the dark streets with lots of traffic.  The driver, 19, had a concerning driving history.

Teenager With Bad Driving Record Causes Wrongful Death

How concerning?  This teenage driver had a ticket in New Hampshire; he had a five month suspended license for failing to address that ticket; during that suspension, he had another violation for driving notwithstanding that suspended license; in Clinton, Massachusetts, he had a ticket for driving while in possession of alcohol as a minor; finally, in May 2012 he was found at fault for causing an accident.

This driving history is, frankly, more than concerning.  It’s outrageous that he is out there driving which is such a dangerous activity.  Many times we represent folks and the opposing driver had a similar driving history.  However, it’s not clear that his negligence caused the motor vehicle collision in this case.

Wrongful Death of Pedestrian Not in Crosswalk

According to the reports we received, the pedestrian was crossing a busy street.  At night.  She was using a flashlight to warn vehicles of her presence, however, a flashlight is not a reflector – it is only pointed at one place at a time.  A motor vehicle driver is not expecting to be pointed at by a moving flashlight.  More importantly, in this case, is that the pedestrian was not in a cross walk.  A driver is not looking for pedestrians, at night, in the rain, in locations where there are no crosswalks.  One witness said the doomed woman made a “bold move” in trying to cross like that.  Another witness said that he did not believe that driver was speeding.

Tragically, the pedestrian was struck and her body hit the windshield, causing it to shatter.  The driver failed to stop until the passenger insisted he stop some distance away from the locus of the accident.  The passenger walked back immediately; the driver walked back shortly thereafter.

Nevertheless, the police filed a criminal charge – leaving the scene after a fatality, which is a felony.   A charge like this carries mandatory prison time, but it is not sure how the facts will pan out and whether this charge will be reduced.   According to the report, the driver was a student at Norwood High School.

Experienced Wrongful Death Lawyers

If you know of a family where their loved one is a victim of motor vehicle negligence resulting in a wrongful death, they need an experienced personal injury attorney.  We have represented victims of car and truck accidents since 1985.   We have seen the methods that insurance companies use, and that the insurance defense trial attorneys implement.  Call us for a free home or hospital visit.