There are times when Georgia pedestrians are forced to put themselves at risk of being in the same space with vehicles of all shapes and sizes. Crossing the street and walking on the shoulder of a road because there is no sidewalk are two of those times. A collision between a pedestrian and a vehicle often results in either a severe or fatal accident due to the extreme vulnerability of the person walking.
The family of a mother and son found this out the hard way. The 37-year-old woman was walking her 11-year-old son to the school bus stop shortly after 7 a.m. recently. A truck ran the pair down.
The fifth grader’s mother died as a result of the injuries she suffered. He survived, but not without suffering unspecified injuries. At last report, he remained hospitalized and was considered to be in stable condition. The school district released a statement indicating that his principal went to visit him. A crisis intervention team was sent to the school to help the students and faculty through this tragedy.
The boy’s family may file wrongful death and personal injury claims in connection with the fatal accident. As part of those proceedings, a Georgia court may consider whether any part of the fault for the accident lies with the victims. Police noted that the two pedestrians were not in a crosswalk at the time. As long as the victims are considered 49 percent or less responsible for the accident, damages may be awarded to the family if negligence is established on the part of the driver. However, the court would reduce any monetary restitution by that percentage of liability attributed to the victims.
Source: Tucker, GA Patch, “Mom Killed Walking Son to School“, Deb Belt, Dec. 10, 2014