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Wrongful death claim possible re pedestrian accident

Patricia M. Jarzobski

Accidents involving pedestrians are common in Colorado. Sometimes the fault is on the pedestrian, and sometimes it is on the driver. There are times when pedestrians don't wait for the crosswalk signal before crossing the street -- especially if there is a large group crossing, and other times the driver either doesn't see the pedestrian or runs a red light. An accident earlier this week seems to be due to yet another reason. A driver may face a wrongful death lawsuit regarding a pedestrian accident involving driving under the influence.

After midnight on a recent Sunday, a woman was crossing the street when she was struck by a vehicle. Paramedics were called, and they tried resuscitate the woman. Sadly, their attempts were unsuccessful and she died from her injuries lying in the street. The victim, a 40-year-old homeless woman, was finally identified four days later when her sister saw a photo of her on social media.

The driver of the vehicle, a 29-year-old woman, and a passenger in her vehicle were not injured in the accident. The driver was reportedly taken into custody and charged with vehicular homicide and driving under the influence. According to police, this is the second time in two weeks that a pedestrian was killed at this intersection.

In addition to the criminal charges the driver of the vehicle faces, she may also face civil claims. The victim in the accident is survived by two children and two sisters. Her family appear to have grounds to file a wrongful death lawsuit against the driver in a Colorado civil court. A successfully litigated claim can help the family recover expenses related to the victim's burial and funeral, as well as other damages recognized by applicable law.

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