The Niagara County District Attorney’s Office announced that the driver involved in a fatal incident at a Walmart parking lot in North Tonawanda will not be prosecuted. The incident, which occurred on September 27th, resulted in the death of 74-year-old Faye Haner who was struck while walking through a crosswalk.
According to officials, New York state vehicle and traffic laws typically do not apply in parking lots unless there is evidence of driver impairment. The Assistant District Attorney explained that the investigation revealed the driver was navigating the parking lot at a high speed but had slowed down and stopped at least once before the collision. The driver was focused on locating a parking space rather than watching for pedestrians.
Witnesses indicated that Haner had just exited the store and entered the crosswalk when she attempted to cross in front of the approaching SUV. Unfortunately, she was struck and pinned beneath the vehicle and pronounced dead at the scene.
The driver, who has not been publicly identified, remained at the scene and cooperated with law enforcement. Tests showed no signs of intoxication and, without evidence of impairment, authorities were unable to cite the driver for any moving violations.
In a significant change to the law, a new regulation prohibiting reckless driving in parking lots with four or more spaces was signed by Governor Kathy Hochul on October 23rd, just weeks after the incident. The law does not apply retroactively. Had the incident occurred after this law was enacted, the driver could have potentially faced charges for reckless driving.
The District Attorney’s Office also considered the possibility of charging the driver with criminally negligent homicide but ultimately determined that they could not prove the necessary elements of negligence required for such a charge.
Following the incident, the driver will participate in a standard administrative hearing conducted by the state Department of Motor Vehicles, which is customary after fatal accidents. Meanwhile, Haner’s husband is contemplating a civil lawsuit against the driver and is also exploring legal action against the parking lot owner and other potential parties.
Driver who Killed 74-year-old Woman in Walmart Parking Lot will not Face Charges