Wildwood, NJ – Weakland, Ogden Killed by Driver Fleeing Previous Crash at Burke Ave and Atlantic Ave

Wildwood, NJ – Weakland, Ogden Killed by Driver Fleeing Previous Crash at Burke Ave and Atlantic Ave

Wildwood, NJ (September 27, 2022) – A man from Pittsburgh, PA., has been charged after the deaths of two people in Wildwood during the unsanctioned car event, H20i, on Saturday, September 24th.

The incident took place at about 9:35 p.m. in the area of Atlantic Avenue and Burk Avenue, near the Wildwoods Convention Center. 

The Cape May County Prosecutor’s Office reported that 37-year-old Gerald J. White was driving a 2003 Infiniti when he collided with a 2014 Honda Civic and then struck two pedestrians.

One of the pedestrians, 18-year-old Lindsay Weakland, a resident of Carlisle, PA., died. 

34-year-old Timothy Ogden, a resident of Clayton, a passenger in the Honda Civic, was on his way home from the Irish Fall Festival with his bride-to-be when they were struck. He also died from injuries caused by White.  

The condition of the second pedestrian was not made immediately available. 

Officials said White attempted to flee the scene after the collision but has since been apprehended. He has been charged with assault by auto, two counts of death by auto, and several other related offenses.

We would like to offer our deepest condolences to the families of the deceased victims, Ms. Lindsay Weakland, and Mr. Timothy Ogden, at this time. Our thoughts are with the injured victim and their family in hopes of a full recovery.

Wrongful Death in New Jersey

Wildwood, NJ - Weakland, Ogden Killed by Driver Fleeing Previous Crash at Burke Ave and Atlantic Ave

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 these necessary elements:

The first is a duty of care. In legal terms, a duty of care means that the offender owed your family member a basic degree of consideration to ensure their safety and keep them from harm. 

For example, 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 breach of a duty of care. To prove this element, you will have to show that the person responsible for the death breached the duty of care they owed the victim.  

Drivers, for example, are completely aware that it is 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 consideration the circumstances of the situation and the knowledge the offender had at the time, you will have to show that they should have been aware that somebody could be injured or killed by their action or inaction.

The third element is negligence. To establish this element you will have to prove that the offender’s breach of duty was the direct cause of your loved one’s death. 

Keeping to the drunk driving example, if a driver has too much to drink, gets behind the wheel, and strikes a pedestrian who then dies from their injuries, that driver would be directly liable 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.