A Google map gives us a bird’s eye view of the intersection of Boston Road and Colden Avenue. It is a mixed use neighborhood with single-family homes, low-rise apartment buildings, retail shops and a few small industrial buildings. Boston Road cuts across Colden Avenue at an angle, but there are clearly marked crosswalks and traffic lights.
Given those facts, what could be the cause of pedestrian accident? According to news sources, a 12-year-old girl was in a crosswalk when she was struck by a car and seriously injured.
The accident reportedly took place at 7:00 in the morning, which would be about the time students could be starting their school day. She was apparently crossing appropriately, which we assume means that she had the right of way.
A witness to the accident stated that the 12-year-old was unresponsive after she was thrown several feet by the car’s impact. She was taken to Jacobi Medical Center in what was described as serious medical condition. We would remind our blog followers that according to the American Medical Association, when a personal injury is described as serious, it means that:
- Vital signs may be unstable or not within normal limits
- Patient is acutely ill
- Indicators such as pupil dilation are questionable
The driver of the car remained at the scene of the accident to answer questions, although the car was damaged enough to require towing. The driver has not yet been charged with a crime.
Whether or not the driver will be charged with a crime remains to be seen, however running into a pedestrian in a crosswalk could be considered negligence. In that case, the 12-year-old girl’s family can sue the driver for compensation for the girl’s personal injuries.
Source: DNAinfo, “12-Year-Old Girl Struck by Car and Seriously Injured on Boston Road,” Jeanmarie Evelly and Aidan Gardner, Oct. 15, 2012
At our Boston law firm, we represent individuals who are seriously injured in a pedestrian crosswalk accident in a crosswalk such as the accident described in this post.