• 26
  • May
    2011

Nothing is ever 100 percent certain in litigation, but in a recent hit-and-run incident in Dallas, Texas, we are willing to bet that grieving family members could make a good case against that hit-and-run driver in a wrongful death claim, provided that the driver is caught and brought to justice.

The accident occurred in the early morning hours on May 26 when a 57-year-old woman, who was crossing the street in her wheelchair, was hit by an oncoming vehicle, as reported in the Times Union.

It is not clear yet who the 57-year-old was, nor whether the police have apprehended the driver, who apparently fled the scene immediately after the accident happened. The woman, after struck, was thrown 10 feet, as the Times Union reports; she hit her head on the curb and died from "blunt force trauma."

There were no apparent witnesses who actually saw the accident; some people heard the accident, came outside, and found the woman lying on the road.

It is also not clear yet whether or not the woman, whose wheelchair was motorized, was crossing in a crosswalk or not, which could affect the hit-and-run driver's liability in a wrongful death claim. But, first, the police must find the driver; if this happens, criminal charges are likely to be filed.

Source: Times Union, "Woman in wheelchair dies in Dallas hit-and-run," 5/26/11