Earlier this month, a 5-year-old boy ran out into the street to chase his ball. At the same time, a UPS driver had just walked back to his truck after dropping off a package. The young boy chased the ball under the UPS truck just as the UPS driver pulled forward. The boy was crushed beneath the truck in full view of his parents and neighbors. According to witness reports, the driver immediately got out of his truck, shouting that he had not seen the boy cross the street before this tragic pedestrian accident.
If a Child Runs into the Street, Who is at Fault?
In cases where pedestrians who run into the streets are hit, it is tricky to determine liability. If a pedestrian does something unpredictable that makes it impossible for a person who is driving in a cautious manner to avoid hitting the pedestrian, a jury or judge can find the pedestrian liable for the accident. In some cases, such as jaywalking, crossing against a traffic signal or walking across the street while intoxicated, the pedestrian may even owe a driver damages for their car.
However, drivers have a duty of care, which means they are held to the standard of what a careful person would do in similar circumstances. This is especially true for truck drivers and delivery drivers. In this particular instance where a driver is making deliveries in a neighborhood full of children, the driver should be careful and pause to make sure there are no pedestrians around his truck.
Delivery Drivers Must Exercise Caution Because They Operate in Areas with Pedestrians
Usually, delivery companies, such as FedEx and UPS, compete with each other and other local delivery service companies to ship packages as quickly as possible and may put pressure on drivers to meet deadlines. Given that delivery drivers usually work in areas with high pedestrian traffic, there is no excuse to skimp on safety and put pedestrians at risk for injury or death. Delivery drivers must remain alert and drive with caution.
The New Jersey personal injury attorneys at Spevack Law Firm fight for victims of a pedestrian accident in the Iselin, Teaneck and New Brunswick areas.