Posted On: May 24, 2009 by Ryan Bradley

Missouri man killed as he stood along I-70 in St. Charles

Nicholas McCullough, 23, was killed early Sunday morning when he was hit by a car as he stood next to his truck in the eastbound lanes on I-70.

McCullough was standing next to his 1999 Chevrolet S-10 because it had been involved in a separate accident just moments before, according to the Missouri State Highway Patrol. The truck had spun and was facing south across two eastbound lanes of I-70.

When McCullough had exited his vehicle, he was hit by a 2000 Ford Crown Victoria, driven by Timothy Fitzgerald, 48. McCullough was standing next to the passenger door of his truck when Fitzgerald hit both McCullough at the truck.

McCullough was pronounced dead at the scene and was taken to the St. Louis County Morgue. Fitzgerald was uninjured according to the investigating officer. Both vehicles were totaled.

Since there was a fatality, an accident reconstruction will be performed to better flesh out the details of this crash for the authorities and for a personal injury attorney.

There are some complicating factors about this case that a Missouri car accident lawyer must investigate before claiming liability or negligence on the part of either driver. The first thing that must be investigated is the initial crash. McCullough was standing next to his truck because it had just been involved in another crash. A personal injury lawyer will need to look at where exactly McCullough was standing and how much time Fitzgerald had to react. Also, if Fitzgerald was speeding or driving recklessly himself, he may be held at least partially liable.