Child killed by Car Driving on Daytona Beach in Florida
A young child was walking along Daytona Beach in Florida when she was struck by a car and killed, according to an article on News4Jax.com. Witnesses to the accident said the child (Ellie Bland from England) was running on the beach when a vehicle driven by Barbara Worley struck the child, knocking her down, and then ran over the child after she apparently hit the accelerator.
Daytona Beach, Florida is one of the few places where people can drive on the beach, although at a very slow speed. However, in the context of a wrongful death lawsuit after a terrible accident like this, issues of fault and liability are examined in a similar manner to a regular accident, with the exception that drivers on the beach need to be extra careful, particularly when children are around as they often are at the beach. Questions about the driver's speed and alertness when a child is walking or running nearby can help determine whether the driver was as careful as she should have been given the unique circumstances of driving on the beach, or negligent in causing or contributing to the accident. Additionally, the witness testimony indicating the driver hit the accelerator after striking the child is very troubling. Even if the driver panicked, there is no legitimate excuse for accelerating and running over the child after the initial accident. Depending on the facts of this case play out, that part of the crash could lead to significant liability on the part of the driver.
