Family Sues After Woman is Killed by Amphibious Tour Boat

A woman was hit and killed by a tourist bus/boat, Ride The Ducks, on a street May 8. The family has filed a wrongful death suit.

The family attorney claims that the accident was during rush hour and the vehicle has large blind spots. They have also said the driver was a conversationalist, and that he wasn't paying attention to operating the vehicle. However, there was a narrator on the vehicle giving the tour.

The police have indicated that Ride The Ducks was not at fault, and that witnesses have reported that the woman was crossing at a red light while looking at an electronic device.

Comments from Allen:
Some people are discouraged from pursuing their rights when the police do an initial investigation and find one party or the other at fault.  If the police report says party A is liable, that often will discourage party A from filing a claim for his damages.

In my experience, police officers often get it wrong.  They make a quick decision who is at fault, and charge that person with a crime and let the other party go.  Frequently I have had to prove the police report wrong in traffic cases and personal injury cases in order to vindicate a client's rights.

Often, both sides are partially at fault.  When this occurs, the doctrine of comparative negligence is applied to determine who is more at fault, the victim's damages, and how much of the damages are reduced by the percentage of negligence attributable to the victim.

In a case like this one, all kinds of factors come into play.  Was the pedestrian within the crosswalk when hit?  What color was the light, red, yellow or green when she was hit?  Was the vehicle already in the process of making a turn before the woman entered the crosswalk?  Was the "DON"T WALK" sign flashing when the pedestrian entered the crosswalk?  Was the pedestrian, indeed, texting or doing some other activity which distracted her from looking out for her own safety?  Was the driver paying attention?

Apparently the insurance company determined there was enough doubt about the facts, and a sufficiently high amount of money involved, to refuse whatever demand the victim's lawyers were making.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.


Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Sources for more information:

http://abcnews.go.com/US/wireStory/family-sues-amphibious-tour-boat-hits-kills-woman-32285686

http://www.mysanantonio.com/news/texas/article/Suit-filed-over-traffic-death-involving-6371188.php

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