Joe Fleming, 78, was reportedly struck and injured by a motorist in Morgan Mill, TX on August 15, 2012. According to reports, Fleming was jogging along FM 1188 northwest of Morgan Mill when he was struck by a pickup truck. He sustained severe facial and arm lacerations in the accident.
Scene of the Accident
Fleming was immediately transported to a local hospital, where they listed him in serious condition. The identity of the driver was not given. The accident was expected to be investigated further, as local Morgan Mill residents said that Fleming was a regular jogger.
Commentary
There are not enough facts available to know how Mr. Flemming was struck. It could be negligence or it could be criminal. The standards for making that determination are very different. In a civil case based on negligence the plaintiff has to show that the the truck drive had a duty, he breached that duty, the breach caused the injury, and the injury resulted in actual damages. In this case, one would have to show that the truck driver had a duty to not injure other using the road, he breached that duty, and Flemming was injured. Obviously, a low standard in this case.
Now compare to a criminal battery charge where the authorities would have to show by beyond a reasonable doubt that the truck driver intended to to strike and injury Mr. Flemming. The standard is clearly much higher and much harder to prove than in a civil case.
— Attorney Michael Grossman
