“Bad Timing” Causes Chain of Events That Lead to Pedestrian Death
Have you ever heard the term “chain hex”? It refers to a curse placed upon someone in a horror story that causes one unfortunate sequence of events after another that eventually results in severe injury or death. Each unfortunate event becomes the foundation for an even more unfortunate event. So, for example, you’re walking down the street when a wayward newspaper flies into your face just as you’re crossing the street. Flailing about to get the newspaper off your face, you get your leg trapped in a sewer drain just as an unsuspecting driver attempts to park. So one thing happens after another and they all compound to place you in an extremely vulnerable situation.
We’re not saying that’s what happened to one Pennsylvania pedestrian, but it sure looks like it’s something straight out of a horror novel.
A 28-year-old tractor-trailer driver had parked his vehicle on the shoulder so that he could stop into a local store. The truck driver paid for his item, but forgot it on the counter, prompting the clerk to run out after him. At the same time that the employee was attempting to return the item, the driver, who could not see the employee from his elevated position, attempted to pull off. The employee was struck by the truck and died as a result of his injuries.
An investigation was conducted of the incident. It was determined that the driver of the truck had no way to see the employee from his position. The employee was in a blind spot.
After striking the pedestrian, the driver waited at the scene for investigators to arrive and cooperated fully. Investigators will not charge the driver.
Can the Family Sue?
They can try, but this is a situation where it’s going to be very difficult to prove that the driver was negligent. A good personal injury lawyer, however, would have to attack the driver to prove negligence. First, we might want to set up the driver’s testimony to begin at the point that he distractedly forgot whatever he bought inside the store. We’ve all done this before, but it shows that he was not focused on what he was doing at the time. That could imply that he wasn’t focused on his driving when he ultimately struck the pedestrian. While this is not the strongest argument in the world, it can set up a distraction allegation. However, investigators have backed the driver’s story so a lawyer would need to conduct an investigation of their own which contested some of the claims, notably—that it was “impossible” to see the clerk from the driver’s position.
Unfortunately, accidents do sometimes happen without negligence. And when there’s no negligence, there’s no lawsuit.
Talk to a Florida Commercial Vehicle Liability Attorney
If you’ve been injured by a commercial vehicle or tractor-trailer, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.