Truck driver was not at fault in Fairmont auto-pedestrian collision: Police Chief

Video is previous coverage.

FAIRMONT, W.Va. (WBOY) — Law enforcement in Marion County confirmed to 12 News that the driver in an auto-pedestrian incident in Fairmont last week that sent a man to the hospital was not at fault.

According to Fairmont Police Chief Steve Shine, the driver of the semi-truck that struck a 60-year-old man on Jefferson Street on July 30 could not see the man from his vantage point during the time of the collision. Chief Shine added that “the pedestrian was improperly crossing the road” at the time.

Chief Shine previously told 12 News that the man had regained consciousness after the incident. He added on Wednesday that while he doesn’t know the current condition of the man, he can confirm that he was recovering in a Pittsburgh hospital last week. The man’s identity has not been officially released as of Wednesday.

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Since 12 News reported on the incident, online debate has been sparked on whether or not the man was a pedestrian in this case, given that he appeared to have been operating a motorized wheelchair at the time of the collision.

Chief Shine has previously referred to the man as a pedestrian in this case, but this can be corroborated by the West Virginia State Code, which says that anyone operating “an electric personal assistive mobility device traveling on a sidewalk, roadway or bicycle path” has the rights and duties of a pedestrian.

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