A 25-year-old student at Southern Illinois University’s Edwardsville School of Business recently lost his life on a street in St. Louis. This car accident — initially believed to have involved two vehicles — is still under investigation. First reports indicated that one vehicle entered an intersection on a green light, striking a pedestrian and tossing him into the path of another car.
An investigation by the St. Louis Police Department later determined that the first car never made contact with the pedestrian. In his effort to avoid the car, the pedestrian may have moved into the way of the second car. Reportedly, he suffered fatal injuries when he was knocked down by the second vehicle.
The driver of the car that hit the student reportedly remained at the accident scene, and he was said to be the one who called emergency services. He apparently cooperated with authorities when they arrived. A police spokesperson said it was still unclear whether criminal charges were pending.
Whenever a pedestrian is killed in a car accident that resulted from another person’s negligence, the surviving family members are free to pursue financial relief by filing a claim in an Illinois civil court — regardless of whether any criminal charges are filed. In a case such as this one, modified comparative negligence may come into play. If the court finds that the deceased pedestrian is more than 50 percent at fault, his surviving family members may not be awarded any compensation. If, however, his fault is determined to be less than 50 percent, they will be awarded damages that are reduced by the percentage for which he is deemed responsible.
Source: bnd.com, “SIUE student killed in St. Louis accident”, Elizabeth Donald, May 3, 2016