According to local news reports a young girl and her grandmother were injured in a pedestrian accident involving a hit-and-run driver in Irving Texas. The accident occurred Sunday morning October 2 when 7-year-old Tinniyah Miles and 57-year-old Alberta Sago were struck by a driver whose vehicle traveled onto a sidewalk where the two were about to enter a vehicle. The driver of what authorities describe as a green Mazda sedan then fled the scene eventually exiting the vehicle and fleeing on foot.
Irving police believe the suspect prior to the accident veered into oncoming traffic. Then trying to avoid a collision swerved away and lost control of the vehicle causing it to travel onto the sidewalk.
Tinniyah Miles was taken to Childrens Medical Center Dallas in critical but stable condition while Alberta Soga was taken to Parkland Memorial Hospital in the same condition.
The driver has been identified as 27-year-old Marvin Perez.
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Commentary
First and foremost I hope the grandmother and her grandchild experience a full recovery from the accident. The experience these two have gone through is unimaginable. To begin to understand all the elements of this accident an independent investigation is needed for liability purposes and to recreate the collision. A number of factors are involved in this accident each of which affect a fault determination.
Some witnesses have stated the car appeared to be traveling at a high rate of speed prior to the accident. While this has not been confirmed if the investigation could corroborate these accounts this could be the causal genesis to the accident and ultimately may fault a driver in dual personal injury claims.
To have standing in one of these claims the basis is formed by a decision of reasonable duty. In other words drivers have a duty on the roadways to perform in a safe manner according to what a reasonable person would expect. Driving at a speed higher than the rate posted is probably sufficient to breach this duty which is the second element in a personal injury motion.
Speeding is just one example of what a reasonable person would probably think breaches a drivers duty to the roadways. Erratic driving driving under the influence or operating without a license could all be other examples of actionable causes to a claim.
With the successful basis a claim can be made for issues like medical bills pain and suffering or loss of earning capacity from the accident. I realize of course that thinking of a claim soon after an accident is difficult but dealing with an accident and the financial hardships that follow is worse. Regardless recovery is the real issue here and again I hope it is a speedy and successful one.
Dallas Personal Injury Attorney Michael Grossman
