Pedestrian Killed, Witness Vomits, Lawsuit Likely
FedEx has faced numerous lawsuits over the past few months. In this case, a Fedex driver struck and killed an elderly pedestrian who was crossing the street with her walker. The pedestrian became trapped under the car and a nearby witness, watching the action unfold, threw up as a result. She then dialed 911, but the woman was dead at the scene. The driver was given a breathalyzer test, but no criminal or traffic citations were issued. The investigation is still underway, but FedEx is likely digging in for a lawsuit.
The FedEx driver was making a turn at the same time the woman was crossing the street. They just collided. A witness said that it “was probably just a freak accident” but it’s probable that the grieving family will hire an attorney who will pay close attention to how the investigation unfolds. If the attorney sees a good enough reason to pursue the lawsuit, they will likely take the case. Truck accident wrongful deaths pay out a lot of money, so it won’t be difficult to find a lawyer who will take the case.
As of right now, we don’t know specifically that the driver is responsible for the death. We can, however, assume that a slowly-moving elderly woman with a walker is not moving so quickly that it would confuse the driver’s reaction time. In other words, an attorney working with the family will drive out to the scene of the accident, and determine what the driver could have seen had they been looking at the road. If it turns out that the woman was visible, it could be that the driver is both liable for the accident but did not commit any actionable violation. The standard of proof in criminal cases is lower than civil cases and hence, the law cannot always be relied upon to issue decisions. It certainly helps civil plaintiffs when they can establish that the criminal courts support their claims. But the plaintiffs will not have that in this case.
Nonetheless, the suit is winnable because it feels like a truck driver paying attention to the road ahead of them would not strike a slowly-moving elderly pedestrian. So, while the scales aren’t tipping heavily in the plaintiff’s direction, it is unlikely that the pedestrian bolted into the middle of the street in such a manner that the truck had no time to react.
Ultimately, the attorney for the plaintiff will be thinking the same thing and finding evidence to support the common-sense interpretation of the accident. That being said, freak accidents do happen and in some cases, no one can be held liable.
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