Vineland, NJ – Michael Gendusa Dies After Vehicle Strike at Delsea Dr and College DrNY/NJ Legal News
Vineland, NJ (September 20, 2022) – Officers in Vineland responded to the scene when a man was killed on Monday, September 19th while walking along Delsea Drive.
The incident took place at about 11:30 p.m. at the College Drive intersection in Vineland.
An investigation by the Vineland Police Department found that local resident Devon C. Baker was traveling northbound on South Delsea Drive when she struck a pedestrian.
The victim, who has since been identified as 54-year-old Michael Gendusa, a resident of Ancora, sustained fatal injuries and died at the scene.
We would like to offer our deepest condolences to the family of the deceased victim, Mr. Michael Gendusa, at this time.
Wrongful Death in New Jersey
Establishing wrongful death in a personal injury claim is dissimilar from a criminal case. In a criminal case, a prosecutor is tasked with proving a defendant’s guilt beyond a reasonable doubt. Claims of wrongful death, however, are civil cases proven through the legal theory of negligence.
To establish liability in wrongful death, a case must demonstrate all three of the necessary elements:
The first is a duty of care. In legal terminology, a duty of care implies that the negligent party owed your family member a basic degree of consideration to ensure their safety and keep them from harm.
For instance, property owners have a duty to maintain their property in a reasonably safe manner by ensuring it is free from perils such as unmarked wet floors, improperly serviced elevators, and loose handrails in stairwells.
On the road, drivers owe one another a duty to obey all traffic laws and behave with reasonable care. Doctors, nurses, physical therapists, and other medical professionals have a duty toward their patients to act with a basic level of care.
The second element that must exist is a violation of a duty of care. To prove this element, you will have to show that the person responsible for the death violated the duty of care they owed to the victim.
Drivers, for instance, are fully aware that it’s dangerous to drink and drive. Business owners can reasonably be expected to know that they have a duty to follow specific safety guidelines to keep their employees and patrons safe.
Taking into account the situation and the knowledge the defendant had at the time, you will need to prove that they would have been aware that someone could be injured or killed as a result of their action or inaction.
The third element is negligence. In general terms, to prove this element you will have to show that the defendant’s violation of their duty of care directly caused your family member’s death.
Sticking with the drunk driving example, if a driver drinks, gets behind the wheel, and hits a pedestrian who then dies of their injuries, that driver would be directly responsible for the pedestrian’s death.
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.
The wrongful death lawyers at Metro Law are reachable 24 hours a day to help bereaved families by keeping them updated on the progress of their claims and answering any questions they have about the legal process that follows the unexpected loss of a loved one.
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.