John Doe v. Vehicle Driver

Distracted Driver Runs over 6-Year Old Neighbor

On a May morning, a 6-year-old boy was riding his scooter in front of his home in a quiet residential neighborhood. He was waiting for his school bus when he was violently hit by his neighbor’s truck.

As a result of the accident the young boy received first aid on the scene and was then traumahawed to a local hospital. He suffered from a hairline fracture to his right eye, a skull fracture, blood on the brain, a broken right clavicle and third-degree road rash on this right foot. Fortunately the young boy will recover from his injuries; however, he will have on-going issues with his foot which could limit him in certain activities.

There are two key messages that come out of this case. One is the real threat of runovers and backovers of children at play. We are often less observant in our own driveways and neighborhoods because of our familiarity, than we are on public streets and roadways. There are numerous contributing factors – distracted drivers, blind spots, elevation of the driver seat, grade/slope of the driveway and numerous others. The fact is our driveways and neighborhoods are becoming a more dangerous place with thousands of children being injured or killed each year. As parents and drivers we need to be more vigilant, set boundaries and rules for children at play, and look at purchasing vehicles or installing the appropriate safety equipment such as rear facing cameras, warning sensors, etc., to reduce and hopefully prevent the number of accidents. There is also a new bill that attempts to implement prevention – Cameron Gulbransen Kids Transportation Safety Act (https://www.govtrack.us/congress/bills/110/s694). We encourage you to contact your Congressman and voice your support.

The second key message here is the importance of Uninsured Motorist Coverage. Unfortunately, many people realize the significance of UM coverage too late?”that is, after they or their family members have been seriously injured by an uninsured driver. In this case both the driver and the injured boy’s family had the appropriate coverage to help them with their costs and expenses. If you don’t have UM coverage and are in an accident with an uninsured driver and suffer personal injury caused by them, most likely, you will not receive adequate compensation to pay for your medical bills, lost wages, pain and suffering, and loss of capacity to enjoy life. We encourage you to ask for UM coverage and check your policy to ensure you have it. Given the competition among insurance companies and the price sensitivity of consumer, insurance agents and companies rarely mention UM coverage. To get UM coverage, you will usually have to specifically ask for it.

Attorney Jason J. Guari settled the case for the young boy and his family for a confidential amount to help with incurred and future medical and expenses.

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