Pedestrian Struck When Crossing to Retrieve the Mail

Steve Lombardi

Attorney
(866) 735-1102 Ext 335

0 CommentsPrint ArticleSubscribe

There is a report of a car-pedestrian collision in the Leland area. A 79 year old gentleman is crossing Highway 69 in Winnebago County. The report indicates on the way he is struck by a car traveling northbound on Highway 69. It may seem simple to many but not so to a trial lawyer. There are many unknown facts that you need to know before deciding on which is at fault of more at fault for the incident that lead to this untimely death.

What is the pitch or layout of the roadway along that stretch of road just south of where the collision occurred? Was there a rise or hill cutting down the time for the driver to observe the pedestrian walking across the roadway? Was the driver impaired in any way or distracted by anything? If so what and was it foreseeable? How fast was the car going? Were there skid marks? If there were skid marks, how long were they and what direction do they go? Do the skid marks tend to show evasive action if any? Were there any passengers in the car and what do they say they saw, heard and observed?

As for the pedestrian, what color clothes was he wearing? Was he clearly visible to the driver and the car to the pedestrian? Did anyone see the man crossing the street and have the opportunity to observe his behavior, like looking both ways, before he started out across the roadway? Was the pedestrian impaired in any way or distracted by anything? If so, what and was it foreseeable to him? How quickly was the pedestrian traversing the roadway?

Many unanswered questions that only a very thorough investigation and perhaps the filing of a lawsuit will answer so that negligence can be evaluated. Young lawyers should know that waiting to file suit is not recommended. Time is seldom kind to the preservation of evidence or the minds ability to recall facts clearly.