Elderly Woman Died In Pennington, New Jersey Penske Box Truck Accident By The Intersection of Route 31 and West Delaware Avenue
MERCER COUNTY, NEW JERSEY (October 31, 2021) – An 84-year-old woman has tragically died in a Penske truck accident near the intersection of Route 31 and West Delaware Avenue.
Mercer County police officials are saying that the collision took place around 10:00 a.m. on Wednesday, October 7th. An elderly woman was in the crosswalk and attempting to cross the street when she was hit by the single axle Penske box truck.
Firefighters and paramedics were called to the scene of the collision in order to help the woman. Despite the best efforts of emergency responders, she died due to the severity of her injuries.
Pennington police interviewed the driver of the box truck who remained at the scene. Just one day after this collision, a man identified as Richard Peterson was killed after being hit by a dump truck along Route 202/206.
On October 10th, a man identified as Altabur Choudhury was seriously injured after being hit by a commercial van in Paterson.
Liability In Pennington Box Truck Accidents
In 2019 alone, nearly 5,000 people died in collisions with large trucks. The vast majority of these deaths involved pedestrians and people in passenger vehicles. According to the National Safety Council, “118,000 large trucks were involved in crashes resulting in an injury, a 5% increase from 2018.” There are a number of factors that could potentially contribute to a pedestrian accident.
- Distracted driving
- Inclement weather
- Brake failure
- Dangerous left turns
Determining liability for an accident involving a rental truck can be difficult. In 2005 congress passed 49 U.S. Code § 30106 – commonly known as the “Graves Amendment.” The law bars vicarious liability claims for companies that rent vehicles when their customers are negligent and cause an accident. There are, however, exceptions to this general rule. For example, a rental truck company could be liable for a collision through the legal doctrine of negligent entrustment.
Negligent entrustment occurs when the supplier of a qualified product leases or sells that product to a person whom they know, or should have known, is likely to use the product in a way that creates an unreasonably high risk of physical injury to other people. For example, a rental company could be engaged in negligent entrustment if they rent a vehicle to someone who has a suspended license. Or they could rent a truck to someone who is visibly intoxicated.
Depending on the facts of any case, there could be other forms of liability for an accident involving a rental truck. Some moving companies use rental trucks to help customers transport their belongings. If that company’s driver was negligent and strikes a pedestrian, they could be held at fault. According to New Jersey Vehicle Code 39:4-36. (a), “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection.” There are many steps that should be taken after any pedestrian collision.
- Photos of the accident should be taken.
- Medical records should be preserved.
- Surveillance footage should be sought.
- Eye witnesses should be interviewed.
The family of any victim that died in a Penske truck accident may be able to seek justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and funeral expenses. In order to win a civil claim, plaintiffs will have to demonstrate negligence. However, truck rental companies will often fight to deny responsibility for any collision. A New Jersey truck accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Pennington Box Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of the woman killed in this collision. Any person that may have more information about how this accident took place should reach out to authorities. There needs to be a thorough investigation for the sake of all who have lost so much.
This accident raises a number of important questions. Who was driving this Penske box truck? Were they properly licensed? Were they distracted? Could this tragedy have been prevented? Most pedestrian collisions can be prevented when drivers slow down and learn to share the roadway.