On the afternoon of Tuesday December 14th, a Mother and her two young children, ages 4 years old and 19 months, were dropped off at an apartment complex in west Phoenix by a friend.
The children went into the apartment as the Mother spoke briefly to the driver at the driver-side window. Unbeknownst to the Mother or the driver, the 19 month old, Jayden Samaniegocamona wandered outside again and into the driver’s blind spot on the passenger side. According to the police report, the driver ran over Jayden as the driver pulled away. The two adults took the boy to a hospital, but unfortunately he died of his injuries.
The police investigation is ongoing, but they said that they did not believe impairment was a contributing factor to this child’s death.
Both adults in this situation had obligations to this child. Mothers have obligations to know where their children are and to keep them safe. Drivers have obligations to be mindful of hazards, including things and people that might be in their blind spots. If the police investigation finds that the driver was negligent for not checking their blind spot before driving away, the driver may be liable to the Mother in a wrongful death lawsuit.
A wrongful death claim may be brought by the survivors of someone who has died due to another person’s negligence. If the boy’s mother sues for wrongful death, she will request the damages that her son would have been able to collect from the driver for negligence if he had survived the accident. Arizona Revised Statutes §§ 12-611 – 12-613 govern wrongful death lawsuits.
If you have lost a loved one because of a driver’s negligence, please contact the Phoenix personal injury lawyers at the personal injury law firm Oracle Law Group today.