The death of a child is every parent’s worst nightmare. When that death was caused by another person’s negligence, that nightmare can lead to a furious quest for justice.
Recently, a 2-year-old girl was killed as she and her mother crossed a New Jersey street. Police said the mother and child were in a crosswalk when a pick-up truck made a sudden left turn and struck them. Paramedics tried to resuscitate the child at the scene but she died at a hospital shortly after the accident, according to police. The mother had injuries that were not considered life-threatening.
The truck’s driver remained at the scene. As of this writing, no charges had been filed against him.
Nearby business owners said the intersection where the accident occurred is a dangerous one. Residents said they have been complaining about safety at the intersection for years, and local officials said they were reviewing proposals to try to make the intersection safer.
Lawsuits involving child injury or death take up an exceedingly difficult area of the law. Those who are injured due to another person’s negligence may be compensated through a personal injury lawsuit. In the case of a fatal injury, the victim’s family may be compensated through a wrongful death lawsuit. These legal actions are both emotionally and technically difficult when the victim was an adult, but they become especially so when the victim was a child.
It strikes many New Jersey residents as unpleasant to take something as painful as the death or injury of a child and put it in the emotionally distant context of a lawsuit, but these suits can help families deal with the aftermath of a tragic accident. They can also serve the cause of justice by helping to hold negligent drivers accountable for their actions.
Source: NJ.com, “Bloomfield intersection where toddler was killed is accident-prone, locals say,” James Queally, Sept. 23, 2013