A man from Georgetown was killed in a car accident in Middletown on Summit Bridge Road when he was struck by a truck as he walked on the road. The accident on U.S. 301 involved a 2011 Dodge Ram 1500 driven by a 65-year-old man from New Castle. The victim, 20, was walking just north of Marl Pit Road early in the morning when he was hit by the truck.
The man was transported to a local hospital with serious injuries and died later that day. The driver of the truck was not injured. Police are investigating the accident, but no charges have been filed at present.
Pedestrian accidents can be difficult collisions in which to determine fault. For the driver who may be traveling on a dark road with little natural or street lighting, visibility can be limited. However, this does not relieve the driver of the obligation to watch out for pedestrians and avoid collisions using all possible safety precautions such as reducing speed when visibility is low. A driver who fails to avoid a collision with a pedestrian may face criminal charges as well as civil liability.
A personal injury attorney usually examines the police reports and any charges filed against the driver when determining the liability of the driver in the case. Even if no criminal charges are filed, a personal injury lawyer may still feel that the victim or the surviving family members have grounds to file a personal injury or wrongful death lawsuit. In that case, the attorney can represent the victim or the family in order to help them recover damages for the injuries or death sustained in the accident.
Source: Delaware Online, "Man dies after being hit by truck near Middletown," Dec. 5, 2012