Wellborn Paluch, LLP Blog

Monday, July 4, 2016

Buffalo Family Initiates Lawsuit Against City Officials Following Tragic Death of Toddler

Initiating a lawsuit against the government – including a local municipality – requires extensive knowledge of the specific intricacies of this area of law. As the family of a Buffalo-area toddler knows all too well, government entities are often to blame for injuries to local residents, often due to oversights in safety and lapsed mandatory inspections.

In May of 2015, an area mother was walking with her two children alongside Delaware Park when all three were struck by an oncoming vehicle. Tragically, one of the children – a three-year old boy – was killed as a result of the impact, while the other two victims sustained severe injuries likely to cause permanent damage.

About a year later, the child’s family filed a civil lawsuit against not only the driver responsible for the collision, but the City of Buffalo and Erie County as well. The lawsuit raises allegations of negligence against all parties, specifically pointing to the too-high speed limits in the area – which have since been lowered by the City. As well, the family points out that the driver was operating his vehicle in a bike lane at the time of the crash, begging the question as to whether the lane was clearly marked for pedestrian traffic only. Moreover, the lawsuit points out that the bike path did not have any protection from the adjacent highway, which at the time had a speed limit allegedly way too high considering the surrounding area.

The driver of the vehicle was not charged with a crime as a result of the incident, however this is not uncommon given the distinctions between civil and criminal evidence thresholds. Oftentimes, a defendant will be found liable in civil court despite being found not guilty (or never charged) on the criminal side. This is due to the lower standard of proof in civil litigation as compared with the criminal “reasonable doubt” standard.

Contact an experienced civil litigation law firm today!

If you recently experienced a serious accident or injury and would like to discuss your options, please contact Wellborn Paluch today: 1-844-855-HURT.

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