News reports that an 86-year-old man was fatally killed while crossing the road in Hawaii Kai.
According to an initial investigation a 24-year-old man was traveling north when he struck the pedestrian, who was allegedly not in a cross-walk at the time.
This incident marks the first fatality of the year, as compared to three last year.
Whenever an incident occurs – especially a fatal one - it is important to investigate all surrounding factors. This includes actions of both parties – the driver and the pedestrian – the roadway conditions, and other factors such as weather and time of day. The driver may be driving too fast for conditions, distracted, or otherwise being reckless. In certain situations, a pedestrian’s actions may also play a role.
Further – weather conditions can contribute to accidents, such as rain creating slippery roads, or sunlight temporarily blocking one’s sight.
Roadway maintenance and design may also play some part in causing or contributing to an accident.
Finally, it’s important to evaluate whether a faulty or defective car part existed which impacted the incident.
While these factors may not eliminate blame from an at-fault driver, they are a consideration, and may be used to apportion fault, and damages.
In this instance, reports indicate that a heavily used crosswalk in the vicinity of the fatal pedestrian accident had been mistakenly removed by the city earlier this spring. Whether its removal was a key factor contributing to this incident will surely be investigated.
For more information or if you or a loved one has been injured in any type of Hawaii motor vehicle accident, please contact the dedicated Hawaii personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.