A 75-year old man died today, December 3, 2009, after being struck by a car in a crosswalk yesterday. According to KSL.com, the man was crossing the street with two other women when the driver of a truck driver of a truck made a left hand turn into the group of them. The unidentified man was dragged 30 yards. The women were said to have minor injuries, but the elderly Utah man was critically injured and died the next day. The driver reported to the police that he did not see the pedestrians in the crosswalk because the sun was in his eyes. The case has been referred to the district attorney’s office for possible charges.
This is obviously a tragic story. Crosswalks are supposed to be safe havens for pedestrians crossing the street–assuming they have the green light. Utah laws require motorists to yield to pedestrians in crosswalks, even if the walk symbol may have turned to “Don’t Walk.” And if a motorist can’t see if someone is in the crosswalk, they are not allowed to proceed.
Based on the facts in this story, the family of this man has a wrongful death claim against the driver of the truck. Since this auto-pedestrian accident happened during the day, and involved a truck, there is a possibility that the driver was working for a company at the time of the crash. If he was, then the employer of the man is also responsible to the family of this man. The women injured in this pedestrian accident also have a claim against this driver or the company employing the driver. I would recommend that the victims of this auto-pedestrian accident contact an pedestrian accident lawyer to initiate a claim against the driver and/or his or her company.