At approximately 9:22 p.m. on Friday, June 26th, a female pedestrian was struck and killed in Mooresville, North Carolina. The cause of the accident is still under investigation, but it has already been determined that neither speed nor alcohol were contributing factors.
The pedestrian was struck while crossing East Plaza Drive in a section that does not have any lighting. She was said to have been wearing dark clothing. After the impact, she was pronounced dead at the scene by Iredell Emergency Medical Services. The Mooresville Police Department Traffic Safety and Enforcement Unit have been working an ongoing investigation, and have turned their findings over to the local District Attorney’s office for review.
Depending on investigative findings, the finding of fault could go either way. According to North Carolina law, a pedestrian who is crossing the roadway at any point other than any marked area such as a crosswalk must yield right-of-way to oncoming traffic. From a driver’s perspective, caution must be exercised when approaching a pedestrian in this scenario, such as honking the horn to give warning. If this driver can prove that she did not see the pedestrian until it was too late due to dark clothing and a dimly lit area, then the accident could be ruled to be the fault of the pedestrian. However, if there is any evidence that the accident could have been avoided had the driver exercised proper caution, then she may be found at fault, especially if distracted driving was a factor.
If the driver in this accident is found to be at fault, the family of the deceased will likely have grounds to file a wrongful death lawsuit seeking compensation and punitive damages. An experienced personal injury attorney will be able to evaluate your unique situation and provide an expert opinion on pursuing litigation, and its likely outcome.