A few months ago, a kindergarten student was struck and killed by a truck while boarding her school bus. Following the deadly tragedy, the family expressed their grief. No family should ever have to bury their child. Now, the family has filed a wrongful death lawsuit against both the driver of the truck and an insurance company. The lawsuit claims that the driver of the truck was negligent while he was operating his vehicle. The filing claims that this negligence contributed to the death of this child on the day of the tragedy.
The truck accident, which took place in Waushara County, took the life of a six-year-old student. Of note, this student had a younger sister who was also hit by the truck. The younger sister was treated at a hospital in the local area and was released. The school district thanks community members for their outpouring of support for a family during their time of need. Of note, the school was already conducting a fundraiser for a child with a terminal illness. That family insisted that the money be taken and donated instead to the family of the child who was killed in an effort to help them cope with the final expenses associated with burying their child.
The accident took place around 7 AM. At that time, the truck driver was headed down a local highway. As the children were crossing the street to board the school bus, the truck driver struck multiple children. The investigation did confirm that the bus’s safety lights were flashing at the time. The truck tried to pass the bus on the shoulder on the right side. This is when the accident took place. The child was pronounced dead at the scene. Multiple students were already on the bus and witnessed the horrific scene.
Now, the family has filed a wrongful death lawsuit against the trucker driver and a separate insurance company. In order for a wrongful death suit to be held up in court, there are a few factors that must be proven. First, the suit must prove that someone was killed. While this might seem obvious, it is often overlooked. Then, the suit must prove that the death was caused by the negligence of another person or that another person committed this act with wilful intent. After this, the suit must prove that the death of this individual, which was caused by someone else, has contributed to monetary injury as a result of that person’s death.
It will be interesting to see how this lawsuit plays out. Sadly, the death of this child could have been prevented with proper safety precautions.
