Pedestrian is killed and driver of Hummer is not charged.Why?

A pedestrian collision involving a Hummer H2 and a Des Moines woman did not result in any charges being filed against the driver. The pedestrian died from the injuries.  Most people's initial reaction is one of anger and wanting to punish the driver of the Hummer, but in this instance no criminal charges were filed against the Hummer's driver. Why isn't readily apparent from the news story. Any civil claim filed by the estate would tend towards answering that question. And that's a point worth a brief discussion.

Just because criminal charges are not filed won't preclude a civil action because the legal standard for finding culpability are very different. The criminal case focuses on whether there is evidence of a crime and the standard is beyond a reasonable doubt. The civil law focuses on whether or not there is a preponderance of the evidence to show the driver was negligent. Of course comparative fault is of the pedestrian is also at issue. Essentially were one or both at fault, negligent, in causing the accident.

Both the pedestrian and the Hummer's driver have a duty to maintain a proper lookout. If the pedestrian is in a painted crosswalk or is j-walking would also be relevant to the issue of who is or is more negligent.

Personally I've always thought the Hummer has site issues for the driver. The configuration of the windows, the size of the windows and the short height seems to create issues with the ability of the driver to see. Of course most everyone test drives a vehicle before purchasing it so why buy something that is going to give the driver trouble with seeing clearly. In this instance there is no indication what the driver may have said to the police or if there were witnesses who made a statement, so it's impossible to tell what caused this Hummer-pedestrian collision.  The article fails also to discuss the issue of the crosswalk or lack thereof. From what we know there is not enough evidence to draw conclusions either way.

What technology is being developed to protect pedestrians?

Apparently Nissan is coming out with a pedestrian collision avoidance system. It is a part of Europe's Intelligent Car Initiative. Any initiative that is intelligent will need to disable cell phones after the car's ignition is activated. Hummer owners can purchase back-up alarms and monitors for the H3. The official Hummer site describes the design as a truck. I look at the Hummer and wonder about gas mileage, but it can't be much worse than the F-350 I drive. Adding all the options raised the MSRP to over $48,500 which reminds me of a call I received several years ago. Two-weeks previous to the call the guy had purchased a sweet ride for over $90,000.00 US. He was driving through an uncontrolled intersection in northwestern Iowa and was involved in a collision. In Iowa if the cost to repair is less than the market value just previous to the collision, then the law states you get the vehicle repaired. Of course this guy may have been having second thoughts about how wise his decision to purchase such an expensive car had nothing to do with the decision-making and the insurance company said no joy we'll fix it. Oh my now he's got a previously damaged car with a branded title and only a fool will be willing to pay the full boat to own. This owner wanted it totaled, but they said no we'll fix it. They have that right. There aren't many instances where a crash would actually total this kind of car. So this owner ended up with a newer car that has had a previous accident and the title will be branded as such. But that's not the end of the story. He can get closer to even on this deal.

It's called loss of value and an owner is entitled to be paid the difference between pre and post crash value due to the branded title. All you have to do is get a letter from the dealer stating the difference in valuation, and then submit it to the insurance company adjuster - who will surely deny it! Yeah, always keep in mind the adjuster is not your friend nor do they have your interests in mind. Their interest is the corporation's bottom line. That's something the insurance industry doesn't want you to know.

Why doesn't your good neighbor have you in good hands and pay you for loss of value?

You must be wondering how you get even, so to speak. Well you know those insurance company commercials telling you how there is no better neighbor than them? Or how about the one saying you're in good hands with them? When it comes to paying out money they aren't a good neighbor and you aren't in good hands. You are neither. When was the last time one of those good handed neighbors told an insured they are entitled to be compensated for the loss of value for now owning a damaged car? Zilch is my guess.

Too bad they don't live their mottos.

For a different article about this Hummer-pedestrian collision see also, Des Moines elementary teacher dies after being hit by SUV