Cases that involve kids are the toughest ones to handle. This accident story is heartbreaking.
Often in cases like this one, there are two elements you need to keep in mind: the criminal side and the civil side. In this reported case, there was the criminal element of misdemeanor vehicular manslaughter, driving without a license and felony hit-and-run causing a death.
The 22-year-old man, driving through a crosswalk, hit and killed a four-year-old pedestrian. Rather than stopping and remaining at the scene of the accident for the police to arrive, the driver left the area. The man probably knew he was going to be in deep trouble, compounded by the fact he was driving without a license and left the scene of the accident.
While the criminal side of this case will come first, the family can most definitely file a wrongful death lawsuit. Was there negligence involved? Yes. Here is a man driving without a license that gets involved in a hit-and-run accident, kills a small child and flees the scene. Whether or not the individual was also under the influence, distracted, speeding or whatever other reason he may have offered for why he hit the child is not relevant. The facts speak for themselves, or in the words of the law, “Res ipsa loquitur.”
While criminal accountability is vitally important, the other element, the civil wrongful death lawsuit, is equally as important. It is a way for the family to seek some form of compensation for that gut-wrenching loss of a family member; a toddler who had his whole life before him, but for the negligence of the 22-year-old driver who hit and killed him. Criminal courts decide if a person intentionally committed a crime. Civil courts figure out if wrongful conduct should be accountable, financially speaking.
The fact is that in civil wrongful death cases, the whole focus of the case is obtaining compensation for those wrongfully harmed. If you have been in a similar situation, seek expert legal counsel to handle your case. Only an experienced Atlanta personal injury lawyer has the requisite skill to ensure you get the compensation you deserve to move on with your life. While cases like this are never easy, a seasoned Atlanta personal injury lawyer has the strength and compassion to help you make it through your ordeal.
Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit http://www.ozcomert.com.