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Pedestrian killed in Phoenix wreck didn't use crosswalk

A pedestrian was struck and killed in Phoenix recently as she tried to catch a bus on the other side of the street. The 56-year-old woman did not cross in the crosswalk and an oncoming vehicle hit the woman who suffered fatal injuries. The 57-year-old woman who was driving the vehicle stayed at the scene and cooperated with police. It does not appear that the driver will be charged with any crime or offense.

There are few other details available about the fatal incident, likely because there isn't much more to say about it. However, there are still a couple of lessons to learn from this incident.

The first is that all pedestrians should cross in the crosswalk. It isn't just because the crosswalk is the only place that a pedestrian is supposed to use in order to cross the street; it's also because if you don't use the crosswalk, you may not be able to hold someone liable if they crash into you with their vehicle. When you jaywalk, it is inherently more difficult for motor vehicles to recognize and react to your presence. Drivers expect pedestrians at an intersection. They don't expect them in the middle of the street or at random intervals on the road.

The other factor here is that when a pedestrian is involved in a fatal accident, their loved ones could claim wrongful death. If the driver of the motor vehicle was negligent or reckless in anyway -- or even if they weren't -- the loved ones of the victim could pursue a wrongful death lawsuit. 

Source: azfamily.com, "Phoenix pedestrian hit while trying to catch bus dies," Jesse A. Millard and Jennifer Soules, Nov. 3, 2014

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