Police say McBride was crossing Ballston Avenue and was in the crosswalk when Nicholson pulled out of the Starting Gate Bar & Grill, ran the red light at the corner of Hamilton Street and struck the woman. His pickup continued over top of the woman and he stopped a few feet away. Her body lay in the roadway facedown until police arrived. Police say the McBride was unresponsive and unconscious when they arrived.
McBride was transported to Saratoga Hospital and then Albany Med with severe head and chest trauma where she was pronounced dead at 7:59 p.m. Friday night.
Police shut off all surrounding streets following the accident, snarling traffic for hours. The black truck driven by Nicholson could be seen stopped just east of where the victim had landed after she was struck. Witnesses on the scene report Nicholson appeared intoxicated when police were questioning him.
While there is no law that could hold a bar or tavern criminally responsible for serving an obviously drunk person, the Dram Shop Act allows the estate of the person killed in the accident to file a civil lawsuit for monetary damages against a bar or establishment which continued to serve alcohol to an obviously intoxicated person.
Further charges against Nicholson are possible.