Pedestrians are always at higher risk of serious injuries or death when involved in a car accident simply because there isn’t any protection around them. While vehicles are supposed to yield to pedestrians, this doesn’t always happen.
In Gainesville, Virginia, a man was struck by a 2009 Cadillac CTS when he tried to cross Linton Hall Road close to Limestone Drive. The driver of the Cadillac was headed northbound on Linton Hall when the vehicle hit the man.
The victim died at the scene of the accident. According to police, the driver didn’t appear to be under the influence of drugs or alcohol. The driver, who is from Manassas, Virginia, stayed at the scene of the accident and didn’t suffer any injuries. No charges have been filed against the 39-year-old driver.
In any car vs pedestrian accident, the police investigation will prove very important. The police will determine whether the pedestrian or the driver was at-fault. In civil cases, an accident reconstructionist may be called in to recreate the scene. While criminal charges are not required for a civil case to be filed, it can help strengthen a wrongful death or personal injury case.
The family of someone killed in an accident has a right to seek compensation from the at-fault driver. Claims could be made for final expenses, medical expenses, pain and suffering, loss of companionship and much more. In some cases, an insurance company will settle out of court; however, there may not be a fair offer from the insurance company. That means a trial may be necessary. A lawyer can provide you with more information on how a wrongful death case would proceed through the court.
Source: wusa.com, “Male pedestrian killed in Gainesville crash,” Nov. 12, 2015