Sometimes, while a person is driving and does not have the right-of-way, the motorist that does have the right will make a friendly gesture and allow the person to go first. However, when situations such as this one occur, it is crucial that the person allowed to go first still follows proper road safety procedures, such as checking oncoming traffic. A similar situation recently occurred in Ohio, and it resulted in a fatal car accident.
A red pickup truck was traveling west on a busy street, and the driver wanted to turn into the parking lot of a local business. Another vehicle heading east was stopped in the turn lane, but the driver waved the pickup truck driver on in a friendly gesture. Unfortunately, the pickup truck driver went ahead and turned, and the truck collided with an SUV.
The SUV struck a pedestrian before slamming through the fence surrounding the business and into some other parked vehicles. The 33-year-old pedestrian, and store employee, was pronounced dead when emergency responders arrived at the scene. So far, no criminal charges have been filed.
Even though a civil suit cannot get their loved one back, the family of the deceased pedestrian may elect to take legal action. In civil court in Ohio, the criteria for determining financial liability in a wrongful death suit is different than determining fault for criminal charges. It is possible that the family could name the driver in the turn lane, the pickup truck driver and the driver of the SUV as defendants in the suit, claiming that each person acted negligently which resulted in the car accident and their loved one’s loss of life.
Source: nbc4i.com, “1 Killed In West Mound Street Crash“, Alex Mazer and Denise Yost, Sept. 9, 2014