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September 22, 2020

An ongoing investigation into a fatal pedestrian accident within the city of Daytona Beach has found that an elderly pedestrian who was attempting to cross the roadway was not within a crosswalk at the time of the crash. This information, while important, does not necessarily remove all responsibility from the driver of the vehicle involved.

The incident in question took place during the late afternoon of Monday, September 14th. At this time, a 73-year-old woman was walking close to the intersection of Magnolia Avenue and U.S. 1. The intersection of these two major roads is governed by a stoplight, and there is a crosswalk for pedestrians to use. The crosswalk and stoplight are fairly standard safety measures for pedestrians, and some say they are not enough; however, at this particular intersection they are safety features available.

The 73-year-old woman was on the eastern side of the roadway when they decided to cross to the western side. It appears as though they made this decision before reaching the intersection, which meant she was not within the crosswalk at the time. The reports indicate that the pedestrian was walking in a diagonal direction towards the crosswalk, but they were still about 25 feet away when they were struck by a car.

The car was a silver 2016 Dodge Ram and it had been traveling down the eastern lanes of Magnolia Avenue. The driver of the vehicle was a man from Ormond Beach, and it was reported that following the collision this individual remained at the scene in order to answer questions by officers and other investigators. There is no indication that the driver of the car was suffering from any form of intoxication or that they were traveling above the posted speed limit at the time of the accident.

It was as the 73-year-old was trying to cross the road that the Dodge Ram was trying to make a right turn onto U.S. 1 from the eastern lanes of Magnolia. The driver of the car failed to notice the pedestrian, and the woman was not able to escape from the path of the vehicle before she was struck.

She suffered from severe head injuries as a result of the accident. Emergency response crews rushed her to Halifax Health Medical Center where she was declared dead.

Sources:

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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