Gerald Ferrell Killed in Little Rock, AR, Pedestrian Accident
Little Rock, AR -- January 31, 2017, Gerald Ferrell was killed following an accident in which he was struck by a vehicle while crossing the road.
According to a report released by the Arkansas State Police, the incident occurred around 6:30 p.m. along Stagecoach Road just outside a Dollar General.
Initial reports indicate that 51-year-old Ferrell was attempting to cross Stagecoach on foot. In the northbound lanes of traffic, reports say a Mercury Marquis was unable to stop in time, hitting Ferrell in the roadway.
As a result of the collision, Ferrell sustained fatal injuries and died at the scene of the accident. Authorities did not report any charges or citations resulting from the accident.
At this time, investigations are still ongoing. No further details are currently available.
Map of the Area
Commentary
Looking at some of the reports on this accident, details say the driver in this case saw the car ahead of him swerve out of the way, and he attempted to brake in time to avoid hitting Mr. Ferrell. If this is true, then it seems like the driver did what he could to avoid the accident. Drivers owe a duty on the roadway to avoid accidents if at all reasonably possible. Most people think that pedestrian accidents only revolve around who had the right of way at the time. While this is important, it's actually only a piece of the bigger picture.
When it comes to liability following an accident, context is everything. Our firm has handled cases in the past where a pedestrian crossed a street without yielding the right of way to a driver, leading to an accident. However, thorough, independent investigation revealed that some of these drivers were texting, speeding, intoxicated, or otherwise behaving negligently at the time of the accident.
When drivers behave negligently while on the road, this creates an environment where they cannot reasonably react in the same manner as a driver who is attentive and unimpaired. While a responsible driver could have avoided the collision, the negligent drivers failed to do so. Yes, the pedestrians in those cases violated a traffic law, but that doesn't excuse the drivers of their actions.
Like I said, early reports suggest this driver did what he or she could to avoid the accident. That being said, all accidents warrant a thorough investigation before any conclusions are made. Only once the full context of the accident has been considered can people progress forward.
--Grossman Law Offices
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