Pedestrian Hit by 2 Vehicles While Trying to Cross Street
The Homicide Squad was called to the scene of a fatal vehicular accident in Hempstead on Long Island the evening of Tuesday, April 2. According to detectives, a man was attempting to cross South Franklin Street at Elm Avenue when he was hit by a 2014 Nissan Altima heading south on Franklin. After the first collision, the man was struck by another vehicle, a 2009 BMW X-5, that was also heading south on the same street.
The 38-year-old man was seriously injured and transported to a nearby hospital, where he was later pronounced dead. Neither of the drivers were injured, and both remained at the scene to cooperate with the law enforcement investigation and to have their vehicles brake and safety checked.
Drivers usually, but not always, responsible for pedestrian accidents
In most situations, a driver is considered liable for a pedestrian accident, as it is his or her responsibility to keep an eye on the roadway and avoid any hazards (or people) that appear. The pedestrian will always have the right-of-way at crosswalks or at traffic-controlled intersections when given the go-ahead signal. However, even if the pedestrian was jaywalking, motorists still must slow down and avoid the person, assuming they have a reasonable ability and amount of time to do so.
There are some circumstances in which a driver cannot reasonably be expected to avoid hitting a pedestrian. In these cases, the driver will likely not be charged with a crime.
For more information about liability in pedestrian accident cases and the steps you can take if you’ve been injured by a negligent party, meet with an experienced personal injury lawyer at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.