An unusual but tragic accident has taken the life of one man and led to the arrest of another, according to police sources. A Pennsylvania man died in a pedestrian-related car accident on I-95 on the night of Dec. 7. The man driving the car has been charged with DUI and vehicular homicide and is currently in custody.
According to the police report, a 24-year-old man was walking in the southbound lane of I-95 wearing a Santa Claus suit around 10:30 on the night in question. It is unclear why the man was walking in the highway, but police are continuing to investigate that element of the case. He was struck head-on by a 27-year-old man who stopped at the scene of the accident. The man dressed as Santa was rushed to a local hospital but, unfortunately, succumbed to his injuries. He was pronounced dead a short while later.
The man who struck him stayed at the scene of the accident until police arrived, who noticed what they described to be a strong smell of marijuana, and that the man appeared glassy-eyed. Subsequent sobriety tests revealed the man to be intoxicated, and he was arrested on-site. He has been charged with one count of vehicular homicide in addition to the DUI charge and a count of driving without a license. He is currently awaiting trial.
At first glance, this tragic car accident does not seem to have a clear-cut answer to the question of culpability, considering the victim could also be considered negligent in this case. However, considering the number of infractions the driver has been charged with, and taking under advisement that drivers in Pennsylvania have a responsibility to be mindful of their surroundings on the road, it may still be possible for the family of the deceased man to sue for wrongful death in this matter. The likelihood for success of such a suit may depend on how the facts play out in criminal court, however.
This blog entry was posted on behalf of Hof & Reid LLC, and does not necessarily reflect the views or opinions of the firm or its attorneys. The information presented in this blog is for informational purposes only and is not intended to be legal advice.
Source: CBS Philadelphia, Man Dressed As Santa Struck And Killed On I-95, No author, Dec. 8, 2013