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What if a Child Dies as a Result of a Truck Accident or a Truck Driver’s Negligence?

By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

One such horrific crash and accident took place in Sealy, Texas. It was reported that a 12 year old boy – Brein Bollock – died as a result of a chain reaction that started when a commercial disposal truck’s boom hit the overpass which then caused the partial collapse of the bridge.  It was reported that the bridge at issue had been hit in the past as well.  It was also schedule for repair / replacement in 2017.

The death of this 12 year old boy resulted from a vehicle that was too high as equipped for safe travel.  Had the boom or crane been retracted, it appears that the crash would have been avoided.  Also, if the truck driver had stopped at any time prior to the impact with the bridge and secured and retracted the boom or crane, the incident would have been avoided.

When a child dies as a result of the negligence of a truck driver, the parents have the right to pursue a cause of action known as a wrongful death case.  It should be pointed out that no amount of money can every rightfully compensate a parent for the loss or death of a child.  This is especially true when the death or incident was wholly preventable by taking some simple safety precautions.  It should also be pointed out the a wrongful death case is a civil case in which the prayer for relief if money or compensation.  A civil case for wrongful death is not a criminal case in which the at-fault driver or at-fault trucking company faces any criminal consequences or criminal sanctions as part of the civil case.

The damages awarded through a wrongful death case are based on a number of factors including any restrictions or parameters set forth by statutes, regulations, and case law.  It should be noted that each case or claim should be evaluated on its own facts and circumstances.  Certainly, the parents of a child who dies as result of the negligence of other persons and entities are entitled to compensation and, if necessary, their day in court to fight for and enforce their rights as parents.

David Wolf is an attorney, author, and advocate.  For over 25 years, he has dedicated himself to the representation of injury victims and their families.  He is the author of seven books including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know. You can get his book for free at The ABCs of Child Injury.  Get D Wolf – On Your Side – At Your Side.