As 11-year-old Isaac Speece and his 53-year-old caretaker, Crystal Gerdes, were walking along a road in Nebraska, they were struck by a pickup truck [Source: Omaha World-Herald]. Investigators say that Speece, who uses a wheelchair, was out with Gerdes just before 9:00 p.m. and the two were in the southbound lane of Page Street. A pickup truck that was heading north somehow crossed into the southbound lane they were in and hit them.
The source says Speece was rushed to Friend Hospital where he later died. Officials say Gerdes passed away at the scene of the accident. The driver of the truck, who has been identified as 76-year-old Thomas Schiffern, did not suffer any injuries. It is not clear as of yet whether any charges have been filed against Schiffern.
What legal recourse can a parent in Nebraska take if their child was injured by a driver while walking?
If your child was struck by a driver in Friend, Nebraska, or another city within the state, you may be able to bring a lawsuit against the motorist in order to recognize them for their negligence and recover compensation for your child’s injuries. While some individuals only choose to pursue a lawsuit after they were unsuccessful at recovering the maximum amount of compensation they are entitled to from the driver’s insurer, others do it to bring attention to the driver’s reckless behavior.
Regardless of your reasoning for wanting to sue, it is important that you retain a Nebraska accident lawyer to help you.
When you bring a lawsuit against another party claiming they were negligent, they are likely to try and place some of the blame on the victim. If they are successful at doing so, it could result in you losing your case or having the amount awarded as damages reduced—and this is not something you want to happen. Therefore, if you want to prove the other party was liable for the accident and ensure the amount you are awarded for your child’s injuries is fair, you need to be represented by an accident lawyer in Nebraska.
What if my child was partially responsible for the accident? Can I still sue?
You can still sue, however, if you are awarded damages (i.e. money that serves as relief for your child’s injuries/losses), the amount would be reduced by your child’s percentage of fault. Nebraska law only bars recovery for damages when a person’s percentage of fault Is equal to or greater than the total negligence of the other party involved.
Now, if you are ready to discuss with a Nebraska accident lawyer what your next steps should be, contact USAttorneys.com.