A 76-year-old woman was killed in a New Jersey car accident after she was hit by a car and when she walking to pick her grandchild up from school. According to a news report in the Jersey Journal, the fatal pedestrian accident happened the afternoon of November 18, 2011 near School 31 in Jersey City. Witnesses told police that a vehicle was traveling southbound on Kennedy Boulevard and made a right turn on St. Paul before hitting the woman.
Police took photographs of a tow truck that had a U.S. Postal Service mail van linked up to it. It is believed the tow truck may have been involved in the collision. Parents told school officials the intersection where the accident occurred is dangerous since there have been changes to Route 1&9 that were put in place last month. Parents said there is heavier traffic on St. Paul’s Avenue now because more people are using the street as a shortcut to the highway.
I offer my heartfelt sympathies to the family members and friends of this deceased pedestrian accident victim. Please keep them in your thoughts and prayers.
According to the New Jersey Division of Highway Traffic Safety (DHTS), about 25 percent of accident-related deaths in the state involve pedestrians, which is about double the national average. About 150 pedestrians die each year in New Jersey and another 5,000 are injured. There were 25 fatalities involving traffic accidents in Hudson County in 2010 of which 14 were pedestrians, according to the New Jersey Department of Transportation’s Crash Facts and Statistics.
Laws and Liability Issues
Based on this news report, it is unclear whether this woman was crossing in a marked crosswalk. New Jersey law requires all motorists to yield to pedestrians. Although pedestrians are expected yield to vehicles if trying to cross at an unmarked area, it does not excuse a driver from exercising due care for the safety of any pedestrians crossing the roadway.
I trust officials will look into this collision to determine whether the driver who struck the victim was impaired, distracted or speeding. If the driver is found to be negligent, he or she may be held liable. Victims or their families would be well advised to seek the counsel of a New Jersey personal injury lawyer who will stay abreast of the official investigation and help protect their legal rights and options. A skilled pedestrian accident attorney can also help determine whether this accident was caused by a dangerous roadway or intersection. If that was the case, the city or governmental entity responsible for maintaining the roadway can also be held accountable.