The family of a 4-year-old child sued the driver of the work truck that hit her and the driver’s employer, a gas and electric company. According to the lawsuit, the truck driver was talking on his cell phone at the time of the crash.
The child was walking in the crosswalk with another girl and her mother. The work truck ran them over, killing the mother and injuring both girls. The child on whose behalf this lawsuit was filed was paralyzed and is unable to walk.
The police report found the truck driver at fault. The lawsuit alleges that the company was negligent in not enforcing its policy (and state law) that drivers not talk on their cell phones while driving.
Can a Child Sue for Personal Injury?
A child can sue for personal injury through an adult, generally a parent. The money recovered through a settlement or jury verdict is generally put in a trust for the child. A trustee then uses the money to pay for the child’s care until the child is an adult. In most cases, the trust releases the money to the child when he or she turns 21-25. If the child has sustained severe traumatic brain injury and will be unable to handle the money, the trust will continue for the life of the child.