Georgia Mom Suggests Fatal Pedestrian Death of Her Son Linked to Lack of Crosswalks


January 21, 2014

When pedestrian are struck by motor vehicles, the consequences are often devastating because the human body is simply not capable of withstanding impact with a vehicle that ways several tons. Although any fatal pedestrian accident is heartbreaking for the victim's family, the loss of a child is particularly tragic. Our Georgia personal injury lawyers were saddened to read about the death of a six-year-old boy who was run down when crossing the street with his older brother this week. Our hearts and prayers go out to the family.

Six-year-old Christopher Cook Jr. died after he was hit by a car when crossing Old National Highway according to the Atlanta Journal-Constitution (AJC). The boy's mother told the reporter that the boy's death might have been avoided had the busy Fulton County road been equipped with more crosswalks. Tamica Bryant told Channel 2 Action News that this tragedy might have been averted by the placement of crosswalks in the vicinity of their apartment complex on Old National Highway.

A Fulton County police spokesman told the AJC that the boy was waiting in the center lane of the busy roadway with his 16-year-old brother when the boy broke away and ran into traffic where he was hit by the vehicle. Although the incident is still under investigation, there is no preliminary indication that the driver is going to be charged with vehicular homicide.

When a pedestrian accident occurs, the motorist may be liable if he or she is not paying close enough attention, complying with traffic laws and responding appropriately to pedestrians that enter the roadway. Sometimes a driver may not have sufficient time to respond to a child who darts in front of the vehicle at the last instant, but motorists have a duty to drive cautiously in residential areas, school zones and other areas where kids are present. In other words, a motorist might still be responsible for hitting a child who darts into the street if the child who was playing with a ball or pet in a front yard chases the ball or dog into the street. In this situation, the driver might have been expected to slow down and anticipate the possibility that the child would follow the item into traffic.

There are also pedestrian accidents that occur because of poor roadway design or maintenance. When the public entity responsible for the roadway fails to exercise reasonable care to prevent foreseeable pedestrian accidents, the government entity might be financially responsible for the consequences of a pedestrian accident. For example, the public entity might fail to locate yield or stop signs so that they are functional and visible. The public entity also might be liable for neglecting to take remedial measures like installing crosswalks or walk/don't walk signs along stretches of roadway where there have been a number of prior pedestrian accidents.

Put Our Law Firm's Over 30 Years of Experience to Work For You!

If you or your family member is injured or a loved one dies in an Atlanta pedestrian accident, our Georgia personal injury lawyers at Montlick and Associates have been representing injury victims for over thirty years throughout all of Georgia and the Southeast, including but not limited to all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.