Is anyone familiar with law enforcement or motor vehicle charges?

A local elderly blind man who is kind of a fixture around the neighborhood recently passed away after being hit by a car in a clearly marked crosswalk with traffic signals. He had serious injuries and was taken to the hopsital but didn't make it    The driver of the car did stop and talked with the police when they arrived on scene. According to the recent local news resports, the police and state police are still "actively investigating". The local DA office is also involved. So far the driver has not been charged with anything and is cooperating with the police. Isn't there something the driver could be charged with, such as failure to stop for a pedestrian in a crosswalk? The incident happened just before 7am on a clear day - not snowing or icy or anything.

That's a sad story. I don't know the details of course, but accidents happen even when we are obeying the law. There are blind spots on each side of the front windshield that can really hide a pedestrian, sometimes the sun is in our eyes and sometimes the pedestrians are wearing colors that blend in with their surroundings. They can step off into the cross walk while the car is already there, no way could anyone stop fast enough. 

I'm sure the police will figure it out, but right now it sounds like the person driving did the right things by stopping and cooperating. Despite trying our best, accidents happen sometimes anyway, and it's just bad circumstances, bad timing, bad luck.

Assuming there was nothing involved like gross reckless driving, speeding, or DUI; driver probably won't be charged with anything more than a traffic offense (like FTY to a ped in a crosswalk)  and issued a citation.  Won't be any criminal charges, nor should there be.   There'd have to be evidence of intent or gross negligence  to charge criminally. I'm a former police officer in a major U.S. city 

CatDavidLouis: What if you run over someone because you were using your phone instead of looking where you were going. Would that be considered gross negligence?

Thank you. I wasn't expecting cirminal charges to be filed, unless that was warranted. I know at least some people on the morning bus that the blind man used to take to breakfast every morning strongly feel otherwise.

I assume the police are looking into whether the driver was using a cell phone or otherwise distracted at the time of the incident.. On that particular day it was a  little cloudy but clear but one could still see very clearly. So being blinded by the sun wasn't an issue.

I find that drivers in general these day just don't pay attention I have trouble crossing the street at marked crosswalks because drivers just don't stop. Actually, they speed up even if I'm already halfway across (and after checking both ways for any approaching cars but they still zip around the corner) Even if it's a very busy crossawlk with one of those traffic barrels with a sign on top that says to yield to pedestrians per state law, some cars just don't.

Often we feel guilt or want to blame someone because it's preferable to facing the reality: sometimes we are helpless. Assigning blame before knowing the full story doesn't help the situation in any way.

I would need to know the circumstances which hopefully the police will figure out.  Given that he was an elderly man I tend to think the driver was either distracted or was speeding because I would imagine that an elderly blind man was not moving fast.  If it were a child it would be different.  Children can decide to make a quick get away as it were, I remember when my kids were little, and a driver simply cant react and stop or swerve quickly enough.  At least he did stop and stay until the police arrived rather than just taking off.

Dave_L said:

CatDavidLouis: What if you run over someone because you were using your phone instead of looking where you were going. Would that be considered gross negligence?

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@Dave_L -- although I'd  left law enforcement several years prior to the advent of cell phones, I know that texting (or any form of data entry) on a mobile device while driving is illegal in Colorado.  Minors under 18 may not use a cell phone, even for voice communication while driving. It is not illegal for adults to engage in voice communication while driving, though texting while driving is illegal at any age. Unfortunately, even if distracted driving (e.g. texting) is shown to be the proximate cause, or a contributor to an accident; only a Class A traffic violation can be charged. It constitutes no criminal act, in and of itself. That's means only $50 fine for first offense, $100 for second. I suspect this is similar law in most states.  Sadly, not enough texting while driving deaths have yet occurred to force these state legislators to put any real teeth into their distracted driving laws.      

 That said, distracted driving can be a basis for civil action.

Denice said:

 
Given that he was an elderly man I tend to think the driver was either distracted or was speeding because I would imagine that an elderly blind man was not moving fast. 

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No, he was not. I did not know him very well but have helped him to the bus stop many times this winter because of the huge snowbanks and snow and ice covered sidewalks. I cringe every time I see him slowly walking in the street tapping his cane because cars just don't slow down as they pass him.