It’s always sad when someone makes a smart decision but winds up suffering because of it. That’s why a weekend auto-pedestrian accident in Oswego was both tragic and ironic. The victim tried to do the right thing, but lost his life because someone else did the exact opposite.
Early Saturday morning shortly after 2:15pm, a 22-year old Oswego reportedly thought that he had consumed too much alcohol at a nearby bar, so he decided to walk home instead of getting behind the wheel of a car. But while he was walking on Route 71 near Forest Drive, he was struck by a car traveling eastbound on Route 71. The victim’s body was propelled into the westbound lane of traffic. One westbound car swerved to miss him, but a second car struck the man’s body, and he succumbed to his injuries shortly thereafter at an Aurora hospital. The 25-year old driver of the westbound car was charged with driving under the influence. Both he and the driver of the eastbound car (who is also 22 years old) were cited for failing to reduce speed to avoid an accident.
There aren’t details at this time regarding how the original auto-pedestrian collision occurred. But because both drivers were cited, it stands to reason that they will probably both be held partially liable for the death of the pedestrian. If that turns out to be the case, the victim’s surviving family members could file wrongful death lawsuits against both drivers. Such legal action might allow the plaintiffs to collect damages for mental anguish and loss of care or companionship, reimbursement for hospital and burial expenses, and lost future wages which would have been earned by the victim. The amount of the eventual settlement or jury award that each defendant would pay out would depend on what proportion of blame they were assigned in the accident.
So because one man chose to be a drunk driver, he wound up killing another man who decided not to drink and drive.