Tragic Wrongful Death of Minor in Truck Accident

Categories: Truck Accident

Pennsylvania Wrongful Death Truck Accident Lawsuit Summary

A Pennsylvania truck accident lawyer won a huge wrongful death verdict for a grieving family in this truck accident lawsuit dealing with the death of a two-year old, against a trucking company. The surviving mother and brother, who both witnessed the accident, also recovered personal injury damages for this tragic truck accident.

Pennsylvania Truck Accident Claims and Facts

The personal injury victims claimed that the truck driver should have brought his truck to a stop to let children cross the street or driven with enough caution to allow time to stop if necessary, to avoid a collision with pedestrians. The defense argued the child wrongful death victim darted out between two parked cars into the path of the truck, and there was nothing the truck driver could have done to avoid the accident.

Evidence in this personal injury trucking accident showed the victim was standing with her brother between two parked cars. The mother, on the other side of the street, told her children not to cross. Unfortunately, the little girl suddenly ran into the street, colliding with the truck, causing her immediate wrongful death due to the severity of her extensive injuries. The truck driver testified that it happened so fast he could not stop in time to avoid the accident.

The truck driver maintained he was driving his truck at no more than 15  m.p.h.; less than the posted speed limit. The defense lawyer called numerous witnesses, as well as the police officer investigating the accident, who all testified the truck driver did nothing to cause the accident.

Pennsylvania Wrongful Death Accident Discussion

This trucking accident lawsuit is what is commonly referred to as a “dart-out case,” for obvious reasons. These personal injury lawsuits are very difficult for wrongful death lawyers to get injury settlements on. One factor that helps is that a jury will always be sympathetic to the deceased victim, who in this case was a minor girl, making her an even greater focus for more sympathy. Juries look for reasons to give money to the family under these circumstances. Here, the Pennsylvania wrongful death lawyer argued that the truck driver admitted that he saw children as he turned the corner, but failed to reduce his speed. This was all the personal injury jury needed to award over 7 figures to the deceased child and her surviving family members.