WRONGFUL DEATH SETTLEMENT REACHED IN GILROY, CA FOR FAMILY OF CHILD STRUCK AND KILLED BY TRUCK: CITY ACCUSED OF DEFECTIVE ROAD DESIGN.
The city of Gilroy in Northern California will pay the family of a 5-year-old boy hit and killed by a truck a partial settlement for wrongful death and subsequent emotional distress. The total settlement is in the amount of $130,000; however the city's agreement to pay a part of it immediately avoided a lawsuit. The city admitted no wrongdoing, while the driver of the truck has already complied with court rulings which found her guilty of criminal negligence. The incident took place at a busy intersection in 2006. The fatal accident occurred as the child and his older brother were crossing at a local intersection. The boys had the right of way, but a truck turning left struck and killed the 5-year-old as he was riding his red scooter across street. The tragic incident left family and friends devastated.
The fatal intersection ranks as the 13th most dangerous in the city, and the area has 20,000 autos passing per day. Attorneys for the family argued that the intersection where the death occurred was "dangerous and defective," citing the need for a left turn-signal, an inappropriate speed limit, poor road striping and an inadequate number of turning lanes, and more. Though the city admits no wrongdoing, a project to add signals to the intersection is underway.
Last year the parents of the boy killed filed a claim against the city. This came after the driver, convicted of negligence and carrying the minimum amount of legally required insurance, received penalties including probation, a $110 fine and community service, but no jail time. Part of the $130,000 settlement will be paid by the driver's insurance company, while the city will pay the rest.
If you or a loved one has been injured or killed in a motor vehicle accident, please seek the advice of an attorney. Local municipalities and state agencies are responsible for properly designing and maintaining public roads under their jurisdiction. Failure to do so can mean that they are negligent and liable for any injuries you or a loved one has sustained. Call the Law Offices of Greenberg & Rudman for a free-consultation at 1-800-ALAWPRO (1-800- 252-9776). Let us help seek justice for you.
