Maryland Driver Charged in Traffic Death of Jogging College Student

A 29-year-old Maryland man has been charged by the Fredrick County Sheriff’s Office in the April traffic death of a college senior who was struck and killed while jogging on Old Emmitsburg Road. The man was allegedly operating an uninsured vehicle belonging to his parents.

According to police reports, Elizabeth DiNunzio, a 22-year-old senior at Mount St. Mary’s University, was jogging on the afternoon of April 28 when she was struck by a pickup truck driven by Joshua Wayne Cool of Emmitsburg.

There is no paved shoulder on the straight section of the road where DiNunzio was hit by Cool’s 1995 Nissan pickup, but police say that she was traveling south against the flow of traffic in accordance with Maryland law. An investigation revealed that the woman was not listening to a portable music player when the fatal accident occurred. Police also ruled out speeding or drunk driving as factors.

Cool was recently served a summons related to the accident. He has been charged with negligent driving, failing to avoid a collision with a pedestrian, and knowingly operating an uninsured vehicle. The man’s parents, Joseph R. and Ann V. Cool, both in their 50s, were also served with citations because they owned the vehicle and allowed their son to drive it uninsured.

The negligent driving charge carries a $280 fine and three points, while the failure to avoid a collision carries a $110 fine and three additional points. The uninsured vehicle charges are citations that compel the Cools to appear in court, according to Fredrick police. They face a possible $1,000 fine, up to 12 months in jail or both.

As a Maryland Automobile Accident Lawyer, I am able to represent victims and their families in situations such as this one — I can truly say that cases of wrongful death are sad events. This young woman, who was to participate in the upcoming Pittsburgh Marathon, was also just weeks away from graduating magna cum laude from Mount St. Mary’s with a degree in Spanish. Apparently, she was doing everything right.

Conversely, the driver, as well as his parents, was certainly in the wrong. The young man had a responsibility to watch out for pedestrians and failed. The parents, as owners of the vehicle, had a responsibility to make sure that the truck was insured, and they failed at that as well. It is a tragedy in every sense of the word.

At Lebowitz-Mzhen, LLC, we are experienced in the areas of auto accident, personal injury and wrongful death law. If you or someone you know has lost a family member through another driver’s negligence, feel free to contact us at 1-888-311-4878. You’ll reach a lawyer who will patiently and professionally listen to you, and provide an honest assessment of your potential case.

Driver charged in fatal crash that killed MSM student, FrederickNewspost.com, June 5, 2009

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