Yacolt 2-year-old run over by father | Injuries to Children & Minors
on Monday, June 1, 2009Date: June 1, 2009
Location: Northeast Amro Avenue, Yacolt, WA
Type: Pedestrian & Crosswalk Collisions
Outcome: 1 Minor Injury
Names: Unknown
A Yacolt father accidentally ran over his 2-year-old son on Monday morning while backing out of the driveway of his home. Clark County deputies reported that the father had apparently believed the boy to be inside the house when the incident happened, and failed to see him in the driveway.
The young boy was transported to Southwest Washington Medical Center and then to Legacy Emanuel in Portland. He suffered a broken leg from the collision, but appears to be in good condition. Clark County deputies have not found any evidence of foul play, and the father was not cited.
We are extremely relieved that the young boy seems to be recuperating well from the incident, and hope that he continues to make a speedy and complete recovery. We also wish the very best for the father in this situation, who is probably experiencing major shock, fear, and guilt over what has happened.
This kind of case also raises the question: can a 2-year-old sue his own father? Such a question seems outrageous, and the thought of it rightfully turns many people’s stomachs. Yet what is most outrageous, in our opinion, is that the insurance company will most likely capitalize on that absurdity, and use it to deny the boy access to his father’s liability insurance.
In other words, the father should have access to two separate sources of money through his automobile insurance to cover his son’s injuries: PIP, and liability insurance. Without a lawsuit, the insurance company will most likely only pay out the $15,000 in medical bills from PIP, and nothing from liability insurance. If the boy’s medical bills cost more than $15,000, then he will have to use his health insurance to cover the rest — unless, of course, he happens to be part of the 11% of Oregon children who do not have health insurance.
In short, the 2-year-old can sue his dad, and sadly, may be forced to by his father’s own insurance company. An experienced attorney would first appoint a “guardian ad litem” for the child, which means simply a guardian solely for the purpose of the lawsuit. That “Guardian Ad Litem” then would bring the suit on behalf of the boy, and would collect money from dad’s auto insurance. The money could be used to pay medical bills, and any leftover would go into a protected bank account for the child when he turns 18.
Shulman DuBois LLC represents victims with injuries resulting from accidents. Our clients deserve representation with our experience, sensitivity and tenacity. Should an unfortunate episode find you or someone you know in need of representation as a result of an accident related injury, the best thing you can do for yourself is to get educated by reading our Frequently Asked Questions, exploring our Library, or ordering your free copy of 7 Common Mistakes That Can Wreck Your Oregon Accident Case.
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