A Macon man was struck by a car while taking a pre-dawn walk down Magnolia Drive Wednesday morning, October 23, 2013.
According to witness Stephanie Brown, the accident occurred before sunrise, around 6:30am, in the Fort Hill neighborhood of Macon. The victim, apparently a resident of the Sulfur Springs Retreat for Elderly, frequently walks the neighborhood and was headed down the 900 block of Magnolia Drive with a sack lunch and books when he was struck by a car. Ms. Brown called 911, but the driver transported the victim to the hospital before emergency crews arrived.
Once again shaken, the Macon community is calling for answers and justice in the 5th serious pedestrian accident in a month. Pedestrian accident and nursing home negligence attorneys at The Murray Law Firm are now investigating this most recent Macon accident and questioning whether driver error or a potentially fatal safety lapse at the elderly care facility may have contributed to this incident:
- Why was the driver unable to stop or avoid the victim in time? Typically, Macon traffic is restricted to a 30mph speed limit through residential neighborhoods. What speed was the driver traveling at the time of the accident? Was the driver engaged in distractive devices, such as a cellphone, which took his attention from the road?
- According to neighbors, the victim is under the care of the Sulfur Springs Retreat for Elderly. Given the recent surge in Macon pedestrian fatalities and a severe temperature drop into the 40s early Wednesday morning, why was the gentleman walking unescorted in the dark, cold, pre-dawn hours? Did any staff members notice the victim leaving for his walk under these conditions and, if so, what safe alternative transportation options or safety measures, such as reflective gear, were made available to him?
As the details of this accident continue to develop, The Murray Law Firm suggests that it is possible that the Sulfur Springs Retreat for the Elderly failed to undertake proper safety measures to protect their resident. Under Georgia law, the owner and management of an elderly care facility has a duty to protect all residents from foreseeable risks. If the facility fails in this critical obligation, they may be held liable for all injuries and wrongful deaths that occur as a consequence.
Should Sulfur Springs Retreat for the Elderly be found at fault in this accident, the victim and his family may elect to hold the property owners and management liable for his serious injuries. A claim of this magnitude may be in the millions of dollars and would, most importantly, demand all Georgia elderly housing and assisted living facilities take notice and finally make resident safety their first priority.
Additionally, should the driver of this accident be found at fault for striking a pedestrian, the victim and his family may also file claims with his insurance. Given the recent epidemic of local pedestrian accidents, a civil claim will demand local officials re-evaluate pedestrian safety in this neighborhood. Improved safety measures, such as speed bumps, sidewalks, and street lighting, may mean the difference of hundreds of lives.
Given the complexity of this case, it is crucial the victim and his family retain a law firm experienced in both personal injury and premises liability as soon as possible, before any evidence, such as surveillance footage, is destroyed. The Murray Law Firm has extensive experience in protecting victims of nursing home negligence and pedestrian accidents and we offer our legal expertise, if needed.
Anyone seeking further information is encouraged to contact us locally at 478.246.1010 or toll free at 888.842.1616.