In a very horrific minivan and semi collision, the evidence points to the driver of the truck blowing a stop sign. This case could be pursued in a criminal court and as a wrongful death lawsuit in civil court.
The circumstances of this case made even toughened state troopers weep. A young toddler, just three years old, was killed when the minivan he was riding in was rear-ended by a big rig. “The wreck was horrific and the young boy never stood a chance to survive an impact that severe. The semi-truck hit the van at such a speed that that whole rear end of the vehicle crumpled and was shoved forward, crushing the boy,” said Stephen Ozcomert, an Atlanta personal injury attorney.
The mini-van was being driven by the young boy’s mom at the time of the crash. She was taken to the nearest city hospital in critical condition. Despite the fact that all the occupants of the van were belted in, and no one was ejected, the devastation was monumental. The boy’s father and two other young kids were injured, but not critically.
“Eyewitnesses to the event stated in sworn testimony that the 18-wheeler was speeding at the time of the impact and had blown a stop sign just minutes prior to rear-ending the minivan,” indicated Ozcomert. The van was pushed off the highway as both vehicles got tangled in the impact. As one, they plunged into some trees and landed in a swamp. Police at the scene indicated that the driver would face criminal charges at the conclusion of their investigation.
“In this particular situation, the family of the young lad should be able to file a wrongful death suit based on the evidence. In most instances, the criminal charges would be laid and the case then proceeds to court for disposition and possible sentencing. Just because the case goes to a criminal court does not mean the driver in this example can’t face a wrongful death suit. The only difference between a case like this going to a criminal court and a civil court is the standard of proof required to convict/find guilty,” explained Ozcomert.
When situations like this happen, never assume that nothing can be done except charging the negligent truck driver criminally. “There may be enough evidence to take this case to civil court and hold the driver responsible for the child’s death. The most famous example that many people will identify with is the O.J. Simpson case where he was subsequently convicted of the death of his wife and her friend in a wrongful death suit,” added Stephen Ozcomert, an Atlanta personal injury attorney.
To learn more visit http://www.ozcomert.com.
The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.