On behalf of Smiley & Smiley, LLP posted in Car Accidents on Thursday, October 10, 2013.
A grandmother wept uncontrollably on the corner of a street in Queens this weekend. She held her 3-year-old granddaughter in her arms, rocking her back and forth, before a passerby took the young girl. Despite his attempts to revive the child with CPR, he could not. A hospital eventually pronounced the toddler dead.
This tragedy came about Sunday night when a car drove through an intersection in Queens, striking the toddler as she crossed the street with her grandmother. Although the driver took a breath test after the accident, police have yet to file charges.
This devastating scenario is extremely difficult to imagine for many parents and grandparents in New York. Watching a loved one -- especially a young child -- die in front of you is a tragedy no one should ever have to experience. Unfortunately, car accidents like this one are far too common in New York.
When drivers fail to pay attention to their surroundings and cause a serious accident like this one, however, they can be held responsible. While most drivers would never mean to cause a fatal accident, by paying closer attention to the road, many pedestrian accidents could easily be avoided.
When an avoidable death is caused because of someone else's negligent actions, the family of an accident victim may want to consider filing a wrongful death lawsuit. Even if police never file charges against the driver who caused a person's death, the victim's family can seek compensation -- and sometimes punitive damages -- from the driver, ensuring that some measure of justice is served.
Source: WABC, "3-year-old fatal struck at Queens intersection," Lucy Yang, Oct. 7, 2013
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