On January 6, 2012, the traffic at an intersection in the South Carolina town of Mt. Pleasant was stopped to allow some children to cross the street. However, one truck failed to stop and ended up striking a young girl. As a result of the car accident, her family has decided to file a personal injury lawsuit against the driver of that truck and eight others.
According to the family, South Carolina, Mt. Pleasant, Charleston County, Madison at Park West Property Owners Association, Park West Master Association and the Charleston County School District were all aware of the fact that the intersection where the girl was hit was dangerous. According to court documents, many complaints had been made and allegedly ignored regarding the lack of safety at the intersection. Reportedly, the day after the girl was hit, a crossing guard was placed at the intersection and the crosswalk was somehow reconfigured to improve safety. Within four months of the incident, pedestrian safety lights were erected as well.
The police investigation revealed that the truck driver failed to stop for the young girl and threw her some 42 to 50 feet from where she stood. She did survive her injuries even though she was found unconscious and was not responsive when emergency personnel arrived. She was taken to an area hospital to be treated for her injuries.
When many people think of filing a civil action in connection with a car accident, it is the responsible driver that first comes to mind. However, there may be other factors involved in an accident that could lead to other people or organizations playing a role in the incident. In this case, the family of the injured girl believes that if the state, city, county and other entities had made the intersection safer, the girl may not have been injured at all.
Source: ABC News 4, “Family sues after child hit in Park West crosswalk,” June 5, 2013
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.