Florida Injury Attorney

Elderly Pedestrian Killed By Hit and Run Driver

An elderly woman crossing the street near Murray Hill and Edgewood Avenue in jacksonville, Florida was struck by a vehicle and killed, according to an article on Firstcoastnews.com. The driver then fled the scene.

When a pedestrian is killed by a vehicle crossing a busy street, both parties involved in the accident will likely argue that the other was at fault in causing the accident and resulting death. In a personal injury or wrongful death lawsuit, there are times when both parties share the blame for the accident and resulting injuries or death. In that case, the plaintiff’s damages are going to be reduced by the percentage of fault attributable to that plaintiff. In other words, if a jury in a personal injury or wrongful death case decides that the defendant was 75% at fault for the accident and the plaintiff was 25% at fault for the accident, the plaintiff’s damages would be reduced by 25%.

When a person crosses the road and gets injured or killed, personal injury/wrongful death attorneys will look at a variety of factors. Was the plaintiff crossing at a crosswalk or other area where it is appropriate to cross the street? Even if the plaintiff was not crossing at the appropriate place and time, did the driver of the vehicle have an opportunity to see and avoid the pedestrian? Was the driver of the vehicle speeding, on a cell phone or violating any other traffic laws? Of course, when the driver flees the scene after the crash, that is strong evidence that the driver did something wrong to cause the crash. These and many other issues present themselves in personal injury and wrongful death cases involving pedestrians and vehicles. They are rarely black and white in terms of negligence and liability.