Local reports indicate a girl was injured after she was struck by an SUV in a parking lot in Waco Texas. The accident occurred Sunday afternoon September 25 when 2-year-old Kaedinse Saldierna was hit by the vehicle in the parking lot of Wacos Treasure City Flea Market. The vehicles front and back tires crossed over the toddlers body giving her pelvic and rib injuries and puncturing a lung. Kaedinse was taken to Hillcrest Hospital but was later flown to Scott and White hospital in Temple Texas.
Site of the Accident
View Larger Map
Commentary
I think I speak for everyone when I say I hope this young girl makes a full recovery from the accident. When young children are involved I do understand accidents will happen but the fact both axles of the SUV passed over the child bothers me. A third party investigation is needed to determine liability. I just wonder if someone was in a rush to leave the flea market and tried to speed out of the parking lot. This action could lay fault at the feet of a driver in a personal injury claim.
So in parking lots where there are typically no speed limit signs posted how do we know if the drivers actions were enough for a personal injury claim? Well in a legal sense every driver has a certain legal duty to safety. The parameters of this duty can fluctuate depending on circumstances. For example say a speeding car rear-ends your vehicle and you hit the car in front of you. Your legal duty to keep the car in front of you safe is probably not very high whereas the car behind you does have a greater responsibility to keep everyone safe. In a parking lot safe operation of a vehicle is dictated by what a reasonable person would expect in the area given the details of the situation. A vehicle that strikes a child with both axles is probably not what a reasonable person would view as safe. This kind of determination could give parents or guardians of the young child standing in a personal injury claim against the driver.
Why make a personal injury claim? Again I realize a situation like this is an accident. But why should a family struggle with the financial costs associated with a probable lengthy hospital stay and certainly a vast amount of rehab. Damages like medical bills and pain and suffering can be claimed in order to facilitate the recovery process in both a physical (the child) and mental (the parents) sense.
Waco Personal Injury Attorney Michael Grossman
