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Will personal injury claims be filed by accident victims?

Every day, Pennsylvania residents leave the relative safety of their homes in order to go to work, run errands and enjoy time with their families and friends. Unfortunately, it is impossible to predict the behavior of others. Suffering serious injuries due to the negligence of others can disrupt victims' lives, at least temporarily. Filing personal injury claims could provide much needed restitution for the financial losses incurred in both the present and the future.

One family may exercise the right to file such claims in the aftermath of an accident that injured two children and their mother. Reports indicate that the three were out walking on a recent Tuesday evening. At the same time, a man police suspect of being impaired was headed their way.

The vehicle then careened onto the sidewalk, struck the family and pinned one of the children, a 3-year-old girl, under the vehicle. Bystanders managed to get the vehicle off the girl, and at last report, she remained hospitalized in critical condition with burns and other injuries. The driver ran from the scene, but was later located and arrested by police. He faces numerous criminal charges in connection with the incident.

If Pennsylvania prosecutors secure a conviction on one or more of the charges connected to this tragedy, the family may use that information as evidence of negligence per se in personal injury claims against the driver. Proving that the injuries the victims suffered resulted from the actions of the allegedly drunk driver could result in an award of damages. Any financial restitution received could help with the current and future medical needs of the critically injured girl.

Source: Philadelphia, PA Patch, "Zachary Lauer is facing aggravated assault while DUI and related charges after allegedly hitting the family with a car Tuesday night", Max Bennett, March 8, 2018

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