When a truck comes into contact with a pedestrian, the consequences can be devastating. There is nothing to protect the person from the force and weight of the large vehicle or minimize the impact with their body. Pedestrians have little chance of survival when hit by a much larger truck, because the injuries will often be life changing or fatal.
A pedestrian was killed in Marietta after being struck by a car, then by a truck while walking in the middle of the parkway.
Pedestrian is hit by one car, then a truck and dies
The local police in Marietta believe that the incident began with a 29 year old male walking along the center lane of Cobb Parkway South. There is a designated crosswalk in front of the Air Reserve base in this area, but the victim was outside of the walking lanes. A driver entered this center lane and was not able to avoid making contact with the pedestrian. After this initial collision, the pedestrian was thrown into the traffic lanes and hit again by a truck. The victim was brought to Kennestone Hospital by emergency personnel at the scene, but he later died from his injuries. Police say the drivers were cooperative but did not release any details regarding if traffic citations or criminal charges were given to either of them. There were significant traffic delays in the area after the crash.
Is the pedestrian at fault for not using the crosswalk?
One of the most obvious questions to ask after this kind of accident is how the pedestrian’s behavior will affect their liability for the accident. It is technically a violation of traffic laws to cross outside of the designated area, and they can be cited for jaywalking.
The pedestrian may be partially at fault for being outside of the crosswalk, but it is unreasonable to think that this totally absolves any driver of responsibility. This mistake does not necessarily stop them from collecting any damages in a related lawsuit. The doctrine of comparative negligence allows a plaintiff to collect an adjusted amount of money that is reduced by their level of fault at in the accident. In other words, if this victim is found to be half at fault for being outside of the crosswalk, their damages would be fifty percent less than they would be if they were in the crosswalk when the accident happened. However, in cases where the damages are worth thousands or millions of dollars, a reduction of a small percentage may not make much of a difference. A discussion with your personal injury attorney can provide you with specific information about how comparative negligence may affect your case.
Talk to a local Truck Accident Attorney
If you have been hit by a truck or had a family member killed by a truck accident in the Marietta area, contact Imbriale Injury Law. The attorneys at Imbriale work on a contingency fee basis so you do not have to pay them anything until them get a judgment or settlement on your behalf.