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Unrestrained child killed in fatal accident, baby critical

Losing a child in a car accident is something that is not wished upon anybody. A Texas family has to cope with such trauma after they were involved in a fatal accident on a recent Saturday night. In addition to losing one child, an infant suffered critical injuries.

An accident report indicates that the crash occurred in Harris County. A family was reportedly traveling to a go-kart facility in a van. When the driver slowed down to make a left turn, another driver who was going in the same direction was caught unaware. He was likely traveling too close behind the van or distracted and smashed into the left side of the van.

The van was struck where a 10-year-old child was sitting. The boy was rushed to a hospital but succumbed to his injuries later. Officer say a 1-year-old baby who was sitting on the lap of a family member suffered life-threatening injuries. The accident investigation is ongoing, and authorities do not suspect alcohol or drugs to have played a role in the tragic crash.

Although the parents of the child who died in this fatal accident retain the right to pursue financial relief by filing a wrongful death claim against the other driver, the Texas Modified Comparative Fault Rule may come into play. The court may find that the parents were negligent in not ensuring that the boy was buckled into his seat belt. The same may go for the critically injured baby who was not strapped into a child seat. Any percentage of fault -- if it is below 51 percent -- will be deducted from any monetary judgment awarded. When personal injury and wrongful death claims become this complicated, they may be best navigated by an experienced attorney.

Source: khou.com, "Child killed, infant injured in NW Harris County crash", March 27, 2016

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