Arizona Couple Killed Crossing Street

An elderly, Scottsdale couple was killed a week ago when they were struck by a pickup truck while crossing the street. They were hit in a 35mph zone and a Scottsdale police officer stated that the length of the skid marks and the amount of damage to the truck indicated that speed was a factor.

Alfred and Bernice Tillman would regularly walk from their apartment to the grocery store, and then to Einstein Bagels for breakfast. They were well liked and respected by many people who lived and worked in the neighborhood. The employees at Einstein Bagels are sure the Tillmans were on their way, and are extremely saddened at the loss of their friends. We wish them all our condolences.

Alfred and Bernice were not in a crosswalk and they were crossing 90th street near Frank Lloyd Wright when they were hit and killed. The truck was traveling southbound on 90th street and later tests confirmed a speed faster than the posted limit. The driver, a 39-year-old male was taken in for questioning and could possibly be charged with negligent homicide. (However, without any evidence of impairment by drugs or alcohol, this generally does not happen in Arizona.)

We can avoid the majority of these types of accidents if we all follow the rules of the road. While sometimes rules can seem silly, we must remember that rules are in place as safety measures. In Arizona, the law states that people have the right to assume that others will obey rules of the roadways. Posted speed limits are one of the easiest laws to remember and follow--being that they are posted. Speed is also one of the most damaging factors in auto accidents and if we would all slow down, we would likely lower the amount of injuries sustained and deaths caused by these accidents tremendously. Indeed, with the most recent implication of the speed cameras on Arizona’s freeways, the accident numbers are down significantly.

Some may feel that people are to blame for their injuries when they do not cross the street using a marked crosswalk. Crosswalks are existent for a reason---to provide pedestrians a safe area in crossing the street. If designed correctly, there will be advance warning signs to motorist of the approaching crosswalk. I for one have seen far too many and been involved in far too many car-pedestrian accidents where the pedestrian was not using the marked crosswalk. I always cringe when I see someone crossing a roadway at a mid-block, when there is a marked crosswalk only 30-50 feet away.

In Arizona, we apply the law of “comparative negligence”. That means that negligence in an accident can be attributed to more than one person. Could the driver of the care have driven more safely? Should he have been going slower, or perhaps, watching the road more closely? Should the Tillmans have been using a marked crosswalk, or should they themselves have been paying more attention to traffic before stepping into the roadway that morning? Responsibility for accidents like this can be allocated on a shared-percentage basis.

Lastly, these types of cases often involve a claim being made by victims or their families against the other party’s insurance carrier. That should not offend anyone—that is the reason that we have insurance. However, keep in mind that insurance companies and courts may consider the above factors when ruling on situations such as this one. Make sure you find an attorney who is well versed and experienced in these types of cases.