Distracted driving can cause serious and even fatal injuries, especially to pedestrians who have virtually no protection if they are hit by a vehicle. In one case, parents of an 11-year-old girl filed a lawsuit against a distracted motorist who struck their 11-year-old daughter  after she got off a school bus. The girl may have suffered a possible brain injury.

Collision

The victim’s mother told Metro Nashville Police that she saw a black SUV maneuver around the school bus before hitting her child. Children were picking up school supplies from the bus when the accident occurred. The bus lights and stop sign were activated.

According to videotape, the SUV was parked down the road when first responders were treating the girl. Police, to the surprise of the victim’s family and neighbors, allowed the SUV driver to leave. The child was transported by hospital to a nearby hospital.

Metro Nashville Police, in their accident report, said that the SUV driver admitted that her GPS distracted her. Police said that they did not think that a sobriety test was necessary.

The victim is recovering from minor injuries and a concussion. Her mother said that her daughter’s memory has suffered and that she has more difficulty remembering information such as phone numbers and addresses.

Lax law

Police only cited the driver for the moving violations of passing a bus with lights activated and failure to exercise due care. The district attorney’s office has not said whether it will pursue more serious charges.

The victim’s mother criticized these lax charges and said that a double standard was imposed because of the victim’s race. Metro Nashville police officials said that vehicular homicide charges were not filed at the time because the victim was still being transported to the hospital and that this charge requires proof of intoxication.

The plaintiffs want to hold this motorist financially responsible through their lawsuit. They may also file a suit against the police and want to bring attention to outdated laws.

An attorney can help pursue your rights, especially if the laws are insufficient. Lawyers can also assist you with seeking compensation for medical expenses and other losses following an accident by a distracted or negligent driver.