The Mississippi Crime Lab performed an autopsy shortly after the accident. It was concluded that the girl died from personal injuries in the crash and not from being ejected from the vehicle. All the children in the car had their seat belt on.
Who can sue whom and why? Anyone injured by the at-fault driver may sue his insurance company for damages that he caused including the family members of the six year old girl who have a claim for wrongful death. Also, the actions of the 18 wheeler driver must be looked into to see if he could have avoided the accident with the Taurus. Vehicles pull out in front of 18 wheeler drivers all the time; sometimes vehicles come in contact with the 18 wheeler. But the question is, did the 18 wheeler driver act reasonably under the circumstances? It's not feasible for a car to physically knock a heavy 18 wheeler into another car. So, did the truck driver swerve over onto the Taurus when he didn't really have to? What if he never swerved over at all? Then we know that the six year girl would still be alive today. The only injury would be to the speeding motorist who left the scene of the accident. You read and hear about an 18 wheeler truck driver saying that he swerved over and saved some lives, or that he went into the median in order to avoid hitting a car. More facts need to be determined to see if this driver did everything that he could have done before he made the decision to totally demolish the Ford Taurus full of young children.
If the truck driver did not have to pull over into the Ford Taurus, then his insurance company may be liable for damages to those injured and killed by his actions. In other words, both of these drivers can be at fault for causing this little girl's death.
Our prayers go out to the family of the little girl.
If you or a loved one have been injured or killed in an accident, you should consult with an experienced Mississippi Accident Lawyer. Paul Snow handles all types of accident cases, one case at a time. We handle cases involving car, truck, motorcycle accidents and injuries from defective products. If you have any questions, call us at 601-969-1977 or contact us online now.
Information provided by Mississippi Accident Lawyer Paul Snow.