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Toddler killed by SUV; wrongful death claim possible

There are responsibilities that come along with operating a motor vehicle. One of those responsibilities is to check the surrounding area for people before backing up. Too many accidents happen, which could have been prevented by taking a few extra minutes to pay attention before getting into the vehicle. When drivers don't take proper precautions before operating their vehicles, facing a wrongful death claim is a likely reality.

A tragedy in Massachusetts happened recently, involving a 2-year-old toddler. Reportedly, the child was playing on a scooter behind an SUV before the accident occurred. The owner of the vehicle was the boy's paternal grandmother's boyfriend. He was attempting to back out of the grandmother's driveway when the child was struck.

The child was treated at his grandmother's home and then rushed to the Connecticut Children's Medical Center in Hartford, where he was pronounced dead. It was discovered that the boy had skull fractures and brain injuries caused by blunt impact to the head. Charges have not been filed against the driver; however, this is an ongoing investigation.

It is no surprise that, with vehicles getting larger every year, more accidents like this are occurring. Due to so many accidents that involve backing up, it may soon be mandatory that every new vehicle come equipped with backup cameras to prevent fatal accidents like this one. A mother will now mourn the loss of her child forever, and the tragedy will not soon be forgotten in this Massachusetts town. Regardless of whether the driver of the SUV is charged, the mother retains the right to file a claim for wrongful death against him. If successfully litigated, she could receive restitution for the expenses related to her son's unexpected passing.

Source: The Republic, Springfield toddler Kyaun Jackson, 2, killed by SUV in driveway of grandmother's East Hartford home, Conor Berry, Oct. 23, 2013

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