• December 03, 2019

Brandon James Henderson Killed in Lyon County, KS Pedestrian Accident

Lyon County, KS -- November 27, 2019, a man from Wichita sustained fatal injuries after an accident where an 18-wheeler hit him on the highway.

Investigators with the Kansas Highway Patrol said that the collision occurred south of Emporia at around 6:00 a.m.

From troopers, it appears 32-year-old Brandon James Henderson was walking along the Kansas Turnpike. Officials said that he attempted to walk across the highway, but a semi-truck then struck him.

Emergency services came to the scene, but Henderson's injuries ultimately proved fatal. There were no other injuries.

At this time, additional details surrounding the crash are unavailable.

Commentary

While a lot of people see a pedestrian get hit on the interstate and consider the matter open-and-shut, that's not really how the law works. It is nuanced enough to take the entirety of the event into equation to determine exactly why the accident happened. One key factor in incidents like this is whether or not a reasonably prudent professional driver could have avoided the victim.

The law generally holds commercial truck drivers to a high standard. They have more experience and more training than the typical driver, so they're expected to be prepared to avoid accidents if reasonably possible.

At a certain point, there's only so much a truck driver can do. I understand that. If someone walked directly in their path, perhaps even the best 18-wheeler driver in the world can't avoid hitting them. In that case, they wouldn't be responsible. However, if someone is clearly visible and far enough away to avoid, they have a duty to do so. Failing to could mean they were doing something wrong.

While it's not clear exactly what the case is here, I think the simple fact a man lost his life warrants further investigations.

--Grossman Law Offices

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