Every parent’s worst nightmare is that their child might be a victim of a fatal accident. To many, this fatal accident scenario is simply incomprehensible. However, for one Georgia family, this is exactly what occurred when their son was fatally struck by a car while he was running to catch the school bus recently.
The accident started innocuously enough. An 11-year-old, upon seeing his school bus, rushed to catch it. He couldn’t have known that at the moment he was running toward the bus, a 57-year-old woman had been heading straight for him. The boy was airlifted to the hospital in critical condition after he was struck by the woman’s car. He died there after four hours.
The woman, upon hitting the boy, stopped and stayed at the accident for several hours in which she seems to have cooperated with the police. The details of the accident are still fuzzy, though investigators are currently examining the evidence to determine whether to file charges against the woman. Whether charges will be filed or not depends largely on whether the school bus had its lights on and stop arm fully extended. Had the school bus had these signs, all traffic behind the bus would have been required to stop.
The parents are understandably grieving over the senseless loss of their son. Tragically, while nothing can bring him back to life, Georgia law may provide for their right to pursue a wrongful death claim against any parties deemed negligent in the fatal accident. Whether or not the driver is charged by authorities, the family would benefit by a careful review of any accumulated evidence to determine whether or not they wish to purse a legal claim. A successful wrongful death action may help provide some sense of closure by holding negligent parties accountable for their actions while also providing monetary damages to reimburse them for expenses occasioned by the crash, as well as other compensatory damages.
Source: 11 Alive, “Arrangements, memorial fund set for Conor Burch,” Michael King and Marc McAfee, April 13, 2012