As an Atlanta personal injury and wrongful death attorney practicing in north Georgia, I was saddened to read an online article by a local Albany news station about 2 children run down by an elderly driver while awaiting a school bus. Not only was I saddened, I was also amazed because the tragedy is almost identical to a situation handled by our firm about two months ago. In the earlier case, a young Hispanic girl was tragically killed in Cobb county when an elderly woman ran her over while she waited to board her bus to go to school. Although neither child died in the Tift county incident, a young boy is still in intensive care because on his injuries.
In the Tift county incident, a 92 year old driver somehow failed to realize the school bus was stopped and ran over the children while they crossed the road to board the bus. It is likely the bus had its stop sign out and its red lights flashing. The impact was so hard that the little boy was knocked out of his shoes and flew some distance before landing on the road unconscious. Although no charges had been filed when I wrote this blog, it is my guess that the investigation will reveal that the children did nothing to contribute to the incident, and that the blame will be on the elderly driver for failing to observe the stopped school bus with its flashing lights.
It is difficult for me to understand all the heartache that comes from this type of incident. First, my heart goes out to the 92 year old gentleman and his family. As we all get older, we know the day will come when we will be unable to continue to do the things we once could, including drive safely. I don't know if this is the case for the driver in this incident, but I bet it might be. To discover this and to cause harm to children at the same time - I can't imagine how that would make you feel.
Second, I am the father of 2 children. I try to imagine what it would feel like to witness my son get knocked out of his shoes and fly through the air after being struck by a car, or even to get a call that such an incident happened and that he was on his way to the hospital. I can't imagine.
Legally, if the elderly driver is at fault for running down the children, the children and their parents will have claims against the driver. In Georgia, when a child is negligently injured, the parents have a claim for the medical bills relating to treating the child for injuries. This makes sense because children cannot enter into a binding contract until they are 18 years old. The child has a claim for the emotional and physical pain and suffering and any future lost wages and the diminished capacity to earn. Both of these claims can have significant value depending on the severity of the injuries to the child.
Accordingly, It is important to hire an expeinced personal injury lawyer to assist you with these types of claims. The time to bring these claims is different depending on whether you are the child or the parents. Also, finding all possible insurance to properly fund a settlement or judgment -- like with all personal injury and wrongful death claims -- is very important. Without adequate insurance, the claim can be worth very little, even if the injuries are catastrophic or there is a death.
If you would like to discuss your situation with me, please contact me and I would welcome the opportunity to talk to you. Our firm handles only personanl injury and wrongful death claims.
