Bridgewater, NJ – Kelsey Benson Struck, Killed by Driver on Rt 28 Near Vanderveer RdNY/NJ Legal News
Bridgewater, NJ (June 06, 2022) – A mother was hit and killed by a driver on Route 28 in Bridgewater on Sunday, June 5th.
The deceased, who has since been identified as 28-year-old Kelsey Benson, was walking alongside the westbound lanes of Route 28 in the area of Vanderveer Road at about 12:45 a.m. when she was struck by a 2008 Lexus being driven by 59-year-old Yan Yan Han, a resident of Bridgewater.
Benson was pronounced at the scene by the Robert Wood Johnson Hospital Paramedic unit.
The events surrounding the incident have not been disclosed by officials.
The crash is under investigation.
We would like to offer our deepest condolences to the family of the deceased victim, Ms. Kelsey Benson, at this time.
Establishing Negligence in a New Jersey Wrongful Death
Establishing wrongful death in a personal injury claim is different than the burden of proof required in a criminal case. Where criminal cases are involved, it is a prosecutor’s job to show the defendant is guilty beyond a reasonable doubt. Wrongful death claims, however, are civil matters that must be proven via the legal theory of negligence.
To show liability in a case of wrongful death, the claimant will have to demonstrate that all three of the below-listed elements existed:
- Duty of Care: In legal parlance, a duty of care indicates that the liable party owed the deceased a basic level of consideration to make sure they were safe and keep them from harm. For instance, property managers and owners have a responsibility to maintain their premises in a reasonably safe manner by making sure it is free from hazards such as wet floors without proper signage, malfunctioning or unserviced elevators, and improperly installed handrails in stairwells.
On the roadways, motorists owe each other a duty to follow all traffic ordinances and laws and act with reasonable care. Nurses, doctors, physiotherapists, and other healthcare professionals have a responsibility toward their patients to behave with a fundamental level of care.
- Violation of Duty: Proving this element requires that you show that the person liable for the death violated the duty of care owed to the victim. Taking into consideration the circumstances and the knowledge the respondent had when the accident occurred, you will have to demonstrate that they should have known that somebody might sustain injuries or die due to their action or inaction.
Drivers, for instance, understand it is dangerous to drive under the influence. A business owner can reasonably be expected to be aware they have an obligation to adhere to clear safety rules and guidelines in order to ensure the safety of their patrons and employees.
- Causation: In straightforward terms, proving this fourth element means showing that the respondent’s breach of their duty was the direct cause of your loved one’s death.
Using the same example, if a driver has too much to drink, gets behind the wheel, and strikes a pedestrian who ultimately dies of their injuries, the drunk driver would be directly liable for their death.
The Metro Law wrongful death attorneys are reachable around the clock to help the bereaved surviving family members by making sure they stay updated on their claim’s progress and answering their questions about the legal process that follows the unforeseen loss of a loved one.
If your family member lost their life in an accident caused by negligence, contact our personal injury attorneys in New Jersey at (800) 469-6476 to find out what legal action is right for you.
Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post.
Disclaimer: As a member of the local community, we at Metro Law strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.