There are many activities in which people engage that they would never think would jeopardize their personal safety. For example, those who step outside for a moment for fresh air probably do not worry about their safety. Unfortunately, the family of one woman in Massachusetts is surely reeling from the news of their loved one’s death in a fatal pedestrian accident when she stepped outside a bar for some air.
The fatal incident was allegedly caused by a tractor-trailer driver who took a right turn too sharply. The suspected miscalculation caused the truck to strike a light pole. The falling pole reportedly caused a 24-year-old woman and a male companion to step into the path of the truck in order to avoid being struck by the pole.
As a result, the rear wheels of the truck struck the pair. The woman passed away as a result of the injuries she suffered in the collision. Her companion suffered a serious injury to his foot. While no criminal charges have been filed at this time, the incident likely remains under investigation.
While a conviction of criminal charges could help the family and the injured man if one or both pursue a claim of negligence related to the pedestrian accident, a conviction is not necessary to prove negligence as the civil court system requires a lower burden of proof. When people first learn of the tragic loss of a loved one, they likely do not immediately consider the financial ramifications. However, as reality sets in, they will come to realize the implications of medical bills, funeral costs and lost wages. A case successfully presented in a Massachusetts civil court could help the woman’s surviving family members, as well as the injured man, with a judgment for monetary damages stemming from the accident.
Source: telegram.com, “Sarah Ewing, Kelley Square victim, ‘was always smiling’“, Samantha Allen, May 15, 2015