The risk of a pedestrian accident can be especially high during the evening hours. Although visibility may be limited, Massachusetts motorists are still under the obligation to exercise a reasonable degree of care to avoid a car accident. Unfortunately, in a recent case, a motorist struck and killed a man as he tried to cross the road in Shrewsbury.
Police say the accident happened around 6 p.m. when the 48-year-old man attempted to cross Route 20. An SUV operated by an out-of-state woman hit the man. Police and rescue officials who responded to the scene attempted to treat the man on the roadside and then transported him to an area hospital, where he was later pronounced dead.
Police indicated they are continuing to investigate the accident. It is unclear whether they will conduct an accident reconstruction or whether there were any witnesses to the accident besides the parties. It is also unclear if police plan to file criminal charges.
There may be a substantial amount of work for Massachusetts police to complete before they are able to get to the bottom of this fatal car accident. However, if they are able to determine the factors surrounding the accident, such as looking at whether there was proper lighting, they may be able to reach a conclusion as to who was at fault. Although this determination may not be considered the final conclusion in the matter, it may help the victim's family in assessing their right to file a wrongful death action against the motorist, based upon allegations of negligence that resulted in the death of their loved one.
Source: Wicked Local Shrewsbury, "Victim in Thursday's fatal in Shrewsbury identified," Jeff Malachowski, Nov. 30, 2012