Ralph A. Schwartz, P.C.

5-year-old killed in auto accident while riding her tricycle

Recently, a 5-year-old girl, her friend and her grandmother were riding through a Nevada neighborhood when tragedy struck. A car hit the young girl. Both sheriff's deputies and Nevada Highway Patrol officers responded to the auto accident.

The girl was on a tricycle while her friend was riding a scooter. At some point, the grandmother, who was riding her bicycle, stopped to help the girl on the scooter with something. At this time, the woman's granddaughter continued riding her tricycle ahead of her grandmother and the girl with the scooter.

As the little girl approached a driveway, a 53-year-old woman was attempting to back up and hit the 5-year-old girl. She flew off her tricycle, and the vehicle ran her over. Sadly, the child suffered fatal injuries, and authorities report that she died at the scene.

The Nevada Highway Patrol and the Lyon County Sheriff's Office both worked the accident scene. They believe the woman driving the vehicle was impaired at the time. Based on this belief, the woman was arrested. So far, she faces a felony charge of DUI causing death. The investigation is ongoing, and it is unknown whether additional criminal charges may be filed.

Any criminal conviction secured by prosecutors relating to this horrible accident could be used as evidence of the woman's negligence in a related civil lawsuit for wrongful death. As the family of this young child grieves for their loss, they may not be thinking about possible legal options related to the auto accident. Nevertheless, they retain the right to file a wrongful death lawsuit against the driver of the vehicle. If it is documented that the driver negligently caused the child's death, a civil court may order that she make restitution to the family for any financial losses sustained as a result of the child's death.

Source: mynews4.com, More details emerge from Fernley accident, No Author, Jan. 3, 2014

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