The death of a child is one of the most difficult things any parent can imagine. When a child's death is the result of someone else's negligence, however, it can be unbearable. Sadly, one Queens family is experiencing such tragedy after their young son was killed last week.
The 8-year-old boy and his older sister were walking to school last Friday morning -- the last day of classes before a holiday break. As they crossed the street at the intersection of Northern Boulevard and 61st Street, a tractor-trailer turned too close to them. The little boy was hit by the back wheels of the truck and killed
As if such a tragic accident weren't enough, police discovered that the truck driver did not have a license. Although he is facing criminal charges for driving without a license, that may be of little consolation to the family of the young boy who died.
In situations like this, a wrongful death lawsuit may be appropriate. When an unlicensed driver causes a death, a family would likely be able to present a strong argument for how that driver's negligence played a role in the death of their loved one. Drivers, however are not the only ones who can be held accountable for a catastrophic accident.
In this case, the New York Daily News pointed out that the intersection where this accident occurred is particularly dangerous. Although there are few details about why that may be -- other than that no crossing guard was present -- it may indicate that the city has failed to maintain safe roads for both drivers and pedestrians. In that case, the city could be named in the lawsuit as well.
Many people find that a wrongful death lawsuit is a good way to ensure that those responsible for a loved one's death are held accountable. Determining who should be named in a lawsuit and how the argument should be presented are not always straightforward, however, so working with an attorney may be a good option.
Source: New York Daily News, "Queens family mourns 8-year-old killed by unlicensed truck driver in Woodside," Alfred Ng, Barry Paddock and Corinne Lestch, Dec. 21, 2013