A recent car accident in Milton, Massachusetts that involved a pedestrian has resulted in the pedestrian’s death and may leave the driver vulnerable to a civil suit. The accident occurred on a recent evening on state Route 28 in Milton. According to the Milton police chief, a vehicle struck the 75-year-old man as he attempted to cross the road. The driver of the vehicle involved in the incident stopped immediately and called 911 for assistance.

Upon reaching the scene of the accident, authorities found the victim lying injured on the highway. The victim was taken to a hospital in Milton for treatment but died of his injuries shortly after his arrival. While it’s not clear if the injuries suffered involved a brain injury, they are common during accidents, and it’s important for those who suffer from brain injuries and their families to know the law.

Police interviewed both the driver of the car and the driver of a second vehicle who witnessed the incident. According to police, speed does not appear to have a factor in the accident, and the pedestrian may have been difficult to see due to dark clothing. There were also no crosswalks or stop signs where the accident occurred. There have been no charges filed in the accident, but it’s still under investigation by a State Police accident reconstruction team.

A former local government official said the stretch of road needs a flashing yellow light.

Family members of the victim have a right to seek compensation for their loss in the Massachusetts courts. A wrongful death lawsuit could be successful if it can be determined that the driver of the vehicle was at fault for the accident due to negligence.

Source: The Patriot Ledger, “Randolph man struck, killed by car on Route 28 in Milton,” Lane Lambert, Nov. 2, 2012