Tragic road accidents can often lead to lawsuits being filed against a negligent driver. A cab driver and his employers are facing a wrongful death suit after the man hit and killed a 5-year-old Texas boy. The lawsuit was filed by the boy’s family after the fatal accident occurred on the family’s first trip to New York City.

The boy’s family alleges that the driver, Autumn Cab Corp. and NYC Taxi Group Inc. are all liable for negligence in the death of their child. The driver was allegedly speeding through an intersection in Brooklyn, NY when his cab struck the child. The child’s parents and the child were deaf. The child suffered from a head injury and was put on life support at New York Hospital. The boy passed away when he was taken off life support three days later.

The family’s suit alleges the driver was negligent for speeding and failing to pay proper attention to the road. The driver’s employers were allegedly negligent for not properly training the driver and not having proper safety procedures in place for an area with so many pedestrians. The lawsuit seeks survival and wrongful death damages, as well as damages for mental anguish, court costs and loss of consortium.

Because damages awarded in wrongful death cases are often pecuniary or financial, cases involving children are often limited, but still available. If the child is young, it becomes more difficult to determine what the parents’ financial loss is. Courts will determine damages based on the child’s earning potential, age, health and work expectancy. These damages will help the family recover from their devastating loss.

Source: The Southeast Texas Record, “East Texas family files wrongful death suit after son hit by NYC cab,” Michelle Keahey, Jan. 7, 2013