In a tragic accident at a well known car wash, a 3 year old boy lost his life after being struck by a truck. According to authorities, the parents of the 3-year-old were vacuuming out there car and had given the boy money to buy a drink at the vending machine nearby. According to the driver of the truck, the boy ran out in front of his vehicle and he could not stop in time to avoid hitting the young boy. The Highway Patrol at this point has ruled the pedestrian death to be an accident and do not expect the driver to be charged.
Although the driver of the truck is not expected to be charged in this incident, the family of the little boy still may have some form of recourse against the driver. It is always important to keep in mind that the standards for criminal charges (guilt beyond a reasonable doubt) and civil liability (preponderance of the evidence) are very different. In the civil context, the standard to impute and show negligence is much lower than that required in the criminal context where actual intent to harm is often necessary. For this reason and many others, it is very important to speak with a personal injury attorney right away in tragic situations like this one to ensure the rights of the deceased and injured are adequately protected.
Our thoughts and prayers go out to the family and loved ones involved in this tragic accident.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer again in 2019, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys and a Top 100 Lawyer in Georgia by the National Trial Lawyers in 2019.