Articles Posted in Pedestrian Accidents

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Earlier this month, a California court of appeals issued an opinion of interest to anyone injured while on or near the property of another party. In the case, Vasilenko v. Grace Family Church, the court allowed a plaintiff’s premises liability case to proceed against a church after injuries the man sustained while crossing the street to attend a church service. This is an interesting opinion because the church was in no way in control of the road where the plaintiff sustained his injuries.


The Facts of the Case

The defendant in the case, a church, operated two parking lots. The primary parking lot was directly adjacent to the church. However, once that lot filled up, volunteer parking attendants would direct traffic to the overflow lot, which was across a busy five-lane road. Once at the overflow lot, churchgoers were able to park but were not provided any assistance in crossing the road to get back to the church.

On the day in question, the plaintiff was directed to park in the overflow lot because the primary lot was full. He parked his car and attempted to cross the busy five-lane road to get to the church. However, as he did so, he was struck by a car, causing a serious injury. The plaintiff then filed a premises liability case against the church, arguing that the church was negligent in directing churchgoers to park in the overflow lot without providing them assistance to get back to the church safely.

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Authorities have identified the individual who was hit and killed as she crossed a street in Athens-Clarke County. According to a local news report, the young woman was crossing the Newton Bridge Road near Commerce Road when she was fatally hit by a pickup truck. The truck was traveling south on Commerce Road when the accident occurred.

moonlight-highway-1139044-mA preliminary investigation did not seem to indicate that the driver was under the influence or otherwise impaired during the accident. The driver explained that because of the dark he was not able to see the woman crossing the road until he was at the point where he could not avoid the accident. An accident investigation/reconstruction team was called to investigate and determine the details of the accident. The team did not find any evidence that the truck driver was speeding. Currently, no charges are being pressed against anyone.

Suing Municipalities in Georgia

Although many people commonly think of personal injury suits in terms of suing individuals, it is possible that entities, organizations, and even municipalities can be sued. This of course depends on the specific circumstances of the injury at issue, but it is possible that in a situation similar to the one above the victim’s family may consider bringing a suit against the county.

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