Tragedy struck Long Island the morning of Feb. 1 when a 12-year-old girl lost her life on her way to school. New York authorities said the middle school student was involved in a car accident involving a pedestrian just before 8:00 a.m. Her sister and a friend thankfully made it across the street without being harmed.
Police say the three girls were attempting to jaywalk when the accident occurred. It is unclear at this time whether the driver involved in the accident was speeding, which may have contributed to his inability to stop before striking the girl. The girl was rushed to a local hospital with critical injuries and was later pronounced dead.
Police have said that it does not appear criminality played a role in this tragedy, but the homicide department is still in the process of investigating further. For the moment, no charges have been filed. The driver is said to have stayed at the scene and cooperated with police.
Situations in which a pedestrian is struck in a car accident can be tricky to litigate. On one hand, pedestrians are expected to follow guidelines about crossing the street properly. On the other hand, New York law requires that drivers remain aware of their surroundings at all times and follow the rules of the road. If it is proven the driver of the SUV was speeding when he struck the 12-year-old, even if criminal charges are not pursued, the family of the girl could choose to file a wrongful death suit against him in civil court using this evidence to support their case.
Source: pix11.com, “12-year-old student dies after being struck by car in front of Elmont school“, Jeremy Tanner and Myles Miller, Feb. 1, 2016