The loss of a child is an incomparable tragedy, as any parent who has outlived a son or daughter can attest. When that death is caused by an accident that could have been prevented, it can be all the more difficult to endure.
The parents of a 15-year-old California boy who was fatally struck by a truck are suing the driver, claiming he was negligent when he hit the boy in October. The wrongful death and personal injury lawsuit seeks to reclaim medical expenses along with wage loss, funeral and burial costs and other expenses. But the suit also specifies the couple has "been deprived of the love, companionship, affection, society, protection services and support" of their son.
The flatbed truck struck the teen boy while he was walking in a crosswalk. His parents allege that the truck driver was not only negligent, but violated a variety of statutes, codes and ordinances. Their attorney said he received reports that the driver was going 50 mph at the time of the crash. He wasn't found to be under the influence of alcohol or drugs, nor was he using a cellphone at the time. Nevertheless, the family's lawyers said, the driver caused "great mental, physical and nervous pain and suffering."
City police conducted an extensive investigation of the crash, including a re-creation of the accident. They were expected to forward a report to the district attorney's office, though it hasn't yet been made public. The crash also led to several community forums on traffic safety in the area.
Although the family hopes to be compensated for the high cost of medical expenses and lost wages, they will never truly recoup the loss of their son. But because they feel that loss could have been prevented, they continue to seek justice for the driver accused of causing his death.
Source: Independent.com, "Accident Victim's Parents File Wrongful Death Suit," Chris Meagher, Nov. 29, 2011
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.