Kimberly Lowery Killed in Cherryville Pedestrian Accident
Police are investigating a fatal early morning pedestrian collision on East Church Street
Kimberly Raven Locklear Lowery, 31, was killed in a pedestrian crash on East Church Street in Cherryville on Aug. 6, according to the Cherryville Police Department.
The collision occurred around 6 a.m. outside 1410 E. Church St. Police responded to the crash and began life-saving measures.
Despite their efforts, Lowery died.
What factors are examined in fatal pedestrian collisions?
In pedestrian accidents, investigators will examine how road design, visibility, and driver behavior intersected.
Candice Bond, managing partner at Bond Legal, said, "Fatal pedestrian crashes so often come down to visibility, since dark clothing, dim streetlights, and glare from headlights can make a person crossing the road nearly impossible to see until moments before impact strikes."
"Serving as an advocate, an attorney can push for lighting studies and traffic camera footage right away, uncovering conditions never considered until a life was lost," added Bond, who is also a national legal analyst for Accident News.
What does state data reveal about pedestrian collision frequency?
The state's roadways have become increasingly dangerous for those on foot. According to North Carolina Department of Transportation data, between 2015 and 2019 the state recorded 15,980 pedestrian-involved crashes, resulting in 1,083 pedestrian deaths.
What happens next in the Cherryville investigation?
Law enforcement will conduct a thorough reconstruction of the East Church Street collision. This process typically involves analyzing skid marks, vehicle damage, and any available surveillance footage from nearby businesses to determine the exact sequence of events that led to the fatal collision.
North Carolina wrongful death statute
Under N.C. Gen. Stat. § 28A-18-2, surviving family members may file a wrongful death action. North Carolina applies contributory negligence. The statute of limitations is 2 years.
Recoverable damages may include loss of financial support, loss of services and companionship, funeral expenses, and the estate's losses.
"Pedestrian crash investigations look closely at crosswalk visibility, signal timing, and driver reaction times near designated walkways. Drivers owe a high duty of care when approaching areas with foot traffic," said Stefano Formica, of counsel at Bond Legal.
Formica, who is also a national legal analyst for Accident News, noted, "Legal counsel conducts independent site audits to prove driver oversight, providing compassionate support to families navigating sudden loss."