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Pedestrian Struck, Killed by SUV

Herrera Mendez, 52, of Acworth, died after a SUV hit him.

 

A man was struck and killed by a Nissan SUV on Highway 92 and Wade Green Road around 9:30 Friday night.

Herrera Mendez, of Acworth, was crossing in a dimly lit area without using a cross walk.

There was no indication that the driver was speeding or impaired, according to a sheriff's office press release.

The Cherokee Sheriff’s Office Traffic Enforcement Unit is investigating the accident, but it does not appear charges will be filed against the driver of the SUV.

Related Topics: Cherokee County Sheriff's Office, Pedestrian, and pedestrian hit

People are Crazy

1:07 pm on Saturday, June 30, 2012

Is this photo a true photo of the scene?

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Thomas Lash

3:52 pm on Saturday, June 30, 2012

It's a Georgia law that you most stop for a pedestrian in a cross walk. I guess that doesn't apply to HWY 92 the super race way.

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Heather Hood Pracko

5:25 pm on Saturday, June 30, 2012

No, the photo is not. There is no crosswalk at 92 and Wade Green. The article clearly says "dimly lit area without using a cross walk". Thanks for the education on GA law Thomas, however it is unfortunately not relevant in this particular instance.

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People are Crazy

9:25 pm on Saturday, June 30, 2012

Thanks Heather, but I was being facetious. I hate seeing any of the Patch stories becoming typical journalism for the times with photos that have nothing to do with the stories to sensationalize them. I enjoy reading The Patch because they usually are no nonsense stories.

@Thomas - If someone walks out in front of me in a cross walk, in the dark, no matter what the highway they will likely get hit. I DO stop for pedestrians in crosswalks, but at night you can't always see them and pedestrians need to be a bit more careful because Georgia law does not state that drivers must stop at every crosswalk.

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adrian smith

8:39 am on Monday, July 2, 2012

Here is the actual code related to crosswalks (although I do know from the article this victim was not in a crosswalk) - I just wanted to correct the error stated above. You do have to stop for pedestrians in a crosswalk but there are limitations and the law does specifically mention that the pedestrian cannot step directly into the path of a car that doesn't have adequate time to stop.
http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=O.C.G.A.+%2525A7+40-6-91

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adrian smith

8:40 am on Monday, July 2, 2012

Sorry, for some reason that link requires a log in. I will cut and paste directly:

40-6-91. Right of way in crosswalks
(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

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People are Crazy

8:56 am on Monday, July 2, 2012

I hate that this man was hit, but you can't cross a dark (very busy) road at night and not know you are risking your life. I feel sorry for his family and I feel sorry for the driver that struck him. :(

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James

8:27 pm on Thursday, August 23, 2012

I was driving by immediately after this accident. The road was not busy and there are two gas stations on opposite corners, so it is not totally dark actually it was light enough for me to see the man laying in the street from the opposite corner. The man was apparently walking his dog because several cars were stopped for the dog in the middle of the street. Unforunate you go out to walk your dog and never make it back.

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