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Wrongful death claim may follow death of elderly crossing guard

Learning that a man spent 15 of his retirement years helping others safely cross the street only to be killed by a vehicle is heartbreaking. The 84-year-old man was a crossing guard at a busy intersection near an elementary school in Houston, Texas. The circumstances of the vehicle accident that caused his death may lead to the viability of a wrongful death claim.

At the time of the accident on a recent Friday morning, the man was not on duty. According to accident reports, he was walking on a pavement far from the area where he lives and works as a crossing guard. His loved ones reportedly have no idea why he was at that location at that time.

Initial reports by police state that the elderly pedestrian was struck by one of the two cars that crashed in an intersection near where he was walking. It is suspected that one driver disregarded a red traffic light and collided with another car in the intersection. The impact caused the wreck to careen onto the pavement, striking the pedestrian. He was pinned against the guard rail. It is unclear whether the man died on impact or later.

An accident investigation will likely follow, as is normal in accidents that have resulted in death or injury. If the negligence of one of the two drivers can be proved, the surviving family of the pedestrian may have a viable wrongful death claim. By successfully presenting such a claim in a Texas civil court, a monetary judgment may be obtained in compensation for funeral and burial expenses. If the victim survived for some time after the accident, medical expenses and other documented losses might be applicable.

Source: click2houston.com, "84-year-old crossing guard struck, killed by vehicle in downtown Houston", Joel Eisenbaum, Feb. 6, 2015

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