Colorado girl killed by school bus – Parents file wrongful death lawsuit
Denver, CO – The parents of an 11-year-old girl run over by a school bus have recently filed a wrongful death lawsuit against the driver and the school district in Parachute, Garfield County, where the accident happened.
On March 3, 2022, little Annaliese Backner missed the school bus. As she saw the bus driving off, she started running down the street hoping the driver would notice her and stop. Her classmates saw her running alongside the bus and tried to alert the driver, but he took no notice of them. According to the lawsuit, the man’s major mistake was that he never checked the side mirrors so he never saw the girl desperately trying to catch the bus. At some point, the girl tripped and fell under the bus which crushed her to death. Annaliese Backner suffered horrific internal injuries and was pronounced dead at the scene.
As for the driver, he had a clean driving record, was not intoxicated or distracted, and he was driving at just 6 mph at the time of the tragedy. His only fault was that he was negligent and did not check the side mirrors, particularly the space around the bus, the so-called ‘danger zone’. The lawsuit alleges that all ‘properly trained drivers’ are taught to check their danger zone.
How are damages determined in a wrongful death claim?
If you lose someone in an accident caused by someone else’s negligence, you have the right to file a wrongful death lawsuit and seek damages.
Wrongful death lawsuits are quite similar to personal injury claims, as they’re both based on negligence, and the family can recover economic and non-economic losses.
Economic damages
Economic damages refer to losses that can be proven by bills. In this case, the parents will be able to recover full funeral and burial expenses. Generally speaking, in a wrongful death lawsuit, the surviving relatives can also claim compensation for the deceased’s lost income. With children, things are a bit different. As children do not work and earn money, the parents cannot claim lost income. This is only possible if the child had some special talent and was on a path to a promising career.
Non-economic damages
The pain of losing a child is tremendous and the family can claim considerable non-economic damages. According to the lawsuit, the Backner family is seeking damages for their:
- Grief
- Loss of companionship
- Impairment of the quality of their life,
- Inconvenience
- Pain and suffering
- Emotional distress
Colorado caps non-economic damages in wrongful death claims at a sum adjustable for inflation every 2 years. At present, the most you can recover under this type of damages is $642,180. However, a good Denver wrongful death lawyer can convince the jury that the circumstances of the accident warrant an increase of the sum. If the conduct of the defendant was egregious, the jury may award the family a maximum of $1,284,370 in damages.
If you had such a tragedy in your family and lost a child in an accident caused by someone’s reckless or negligent conduct, reach out to an experienced attorney at the Bryan&Terrill law firm in Denver. They will take care of what needs to be done in the most respectful and compassionate manner.
Contact info:
333 W. Hampden Ave., #420B
Englewood, CO 80110
(720) 923-2333
