Heymann & Fletcher

New Jersey mom watches child killed in auto accident

A parent's worst nightmare occurred when a child was hit by a school bus on a Monday morning. These instances are infrequent occurrences as reported by the Transportation Research of the National Academies. The auto accident killed a 6-year-old boy right in front of his terrified mother. New Jersey authorities are investigating this incident.

A substitute driver was behind the wheel at the time of the incident. Upon an initial investigation, authorities determined that the accident happened just outside of the child's residence. Initially, the bus was stopped while children were boarding. The operator started to drive off as the child was walking in front of the bus. During this horrifying event, the child screamed for the bus driver to stop, but he was unsuccessful.

The front tire of the bus hit the boy and drug the child down the road after running him over. The boy's mother stated to law enforcement that, while the bus ran over her child, the safety arm was out. She also can't come to grips as to why the driver didn't just stop.

The outcome of this investigation may bring on citations and liability in a civil courtroom for the bus driver. The parents of this young child are understandably heartbroken that such an unthinkable tragedy could lead to an untimely death. The parents could have legal recourse that would offer some form of financial relief for their suffering by filing a wrongful death claim against the driver. The court system in New Jersey may financially award the parents if evidence demonstrates that the driver acted in a negligent manner, ultimately causing the child's death in this auto accident.

Source: USA Today, School bus kills New Jersey 6-year-old, Phil Dunn, Jan. 7, 2014

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