Liability Issues Surrounding a Fatal Pedestrian Accident Involving a Truck

There can be numerous issues to consider if pursuing a legal claim after a fatal pedestrian accident. Of course, the most important is establishing who was at fault. But there could be safety concerns that need to be addressed as well.

This is the case for a recent tragedy that took place when an eight-year-old boy was killed a block away from his school. It was the last day before winter break when the victim and his 11-year-old sister were crossing Northern Boulevard at approximately 8 a.m. according to media reports.

Witnesses say a truck made a left turn from 61st street while the children were in the crosswalk. The boy was struck by the truck’s back tires. His sister was not injured. He suffered severe trauma and was pronounced dead upon arrival at the hospital.

The 51-year-old driver was charged with having a suspended license and in violation of safety rules pertaining to equipment problems, including faulty tires, according to NBC News.

This is the second fatal pedestrian accident to occur on Northern Boulevard. One year ago, another child was struck and killed by a dump truck. It appears that more safety measures may be necessary, and some have called for a crossing guard.

Liability in a Pedestrian Accident Involving a Truck

When a truck driver is negligent and it causes a pedestrian to suffer serious or fatal injuries, he/she can be liable. However, liability could also include the trucking company responsible for the actions of its employees.

In some cases the liability of a trucking company goes beyond even that. For instance, the employer may be negligent by allowing an unlicensed driver to operate the truck or using a truck with faulty equipment. Of course, this could also mean that whoever was responsible for inspecting, maintaining and repairing the truck is also liable.

Gacovino, Lake & Associates helps injured pedestrians and their families evaluate liability and establish fault. Contact us at 800-550-0000 or fill out our contact form.

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