One of a parent’s most acute fears is the image of their child dashing unknowingly into traffic on a busy street or highway. Those fears turned into tragic reality for the parents of a two-year-old who died when he dashed into traffic on State Highway 492 on May 3.
The accident
According to police, a man was traveling west on Highway 492 in a maroon 2017 Chevrolet Silverado. The police report says that a 2-year-old child ran onto the roadway and was struck by the Chevrolet. The child died from its injuries at about 8:45 p.m.
The driver of the Chevrolet initially left the scene, but he returned to the scene. After realizing that he had struck a child, the man then left the scene a second time. Union police issued a “BOLO” alert for the Chevrolet. “BOLO” means “be on the lookout for.” Deputies from the Neshoba County sheriff’s office arrested the driver a short time later, and he was placed under arrest. He was later released after posting a $75,000 bond.
The family’s legal rights
The family of the child has a strong claim for wrongful death against the driver. Mississippi law gives the survivors of any person killed by the wrongful act of another a cause of action for loss of companionship and support. While the facts of the accident have not been completely spelled out, the driver of the Chevrolet appears to have acted negligently in failing to avoid hitting the child. The child’s family therefore has a cause of action against that man for the wrongful death of their child.
Anyone who has lost a child, parent, sibling or other loved one may have a similar claim for wrongful death. A knowledgeable accident attorney can provide a helpful evaluation of the facts of the case and evaluate the likelihood of recovering damages under the Mississippi wrongful death statute.