When a loved one is killed in a car accident, the loss can be truly devastating for their family. Sadly, the sense of loss is worsened if the victim was a child. The family of a girl who was tragically killed in a fatal car wreck in Ohio has brought legal action against the driver, his father, and the insurance agency of the driver.
The 10-year-old girl died when a Jeep slammed into the back of her mother’s car on State Route 93 last December. Their vehicle skidded into the path of another car, and the girl suffered fatal injuries in the collision. The Ohio Highway Patrol has said that the driver of the Jeep was under the influence of drugs at the time of the accident, and was not insured.
The girl’s family filed a lawsuit on June 15th, seeking more than $25,000 in compensation from the driver and his father. They allege that the reckless action of the driver of the Jeep was negligent, and that his actions entitle them to punitive damages. The suit also claims that the father of the young man that caused the accident should not have allowed him to use the vehicle.
The family states in their Complaint that the girl’s death has caused the family significant pain, and left her mother unable to work.
The family has also brought legal action against the defendant’s insurance carrier, claiming that the insurer breached their contract and acted in bad faith. The carrier denied the insurance claim, in spite of the fact that they had uninsured motorists’ coverage. The family alleges that they denied the claim without reasonable justification, and are seeking an additional $25,000 in punitive damages.
The driver of the Jeep will stand trial in August, and has pleaded not guilty to charges of aggravated vehicular homicide and vehicular assault.
Source: IrontonTribune.com, “Family files suit in fatal crash,” 28 June 2011