This is a catastrophic accident that no one will ever forget, not when it involves the death of a 2 ½ year old toddler. The mother, 35-year Courtney Ayer was out with her jogging stroller and her son Dylan when the stroller was hit by a semi. The weather was good, it was early in the morning and the roads were apparently in good condition as well.
It appeared that when the semi went to turn a corner, it hit the stroller. Eyewitness reports differ on whether the stroller rolled out into the street or was hit while the trucker was executing a turn. Unfortunately, the stroller rolled right under the truck and was completely smashed. The mother was taken to hospital for treatment of her serious injuries.
If the trucker is determined to be at fault (negligent) in this case, the mother will be able to file a personal injury lawsuit (wrongful death) and attempt to recover damages for the catastrophic loss of her child. As yet, there are many questions to be answered in this case, such as what was the driver doing when he was going into the turn. Was he not paying attention to pedestrians? Did he not see anyone in his side mirrors? Was he going too fast, under the influence of alcohol, over tired or just plain careless?
If the stroller rolled out into the street, there is a slightly differ scenario that could be played out that would involve proportioning liability in the final damage award. This won’t be determined until the investigation is completed. However, if the mother was searching for something in her backpack for the baby and let go of the stroller, or was distracted because she was talking to a friend on a cell phone, this would involve an element of negligence on her part.
Litigation funding in cases like this helps a person facing a long court case to obtain justice deal with their day to day finances and all the extra things that crop up as a result of such a deadly accident. There will be enormous hospital bills, the cost of the funeral, rehabilitation for the mother, medications and other things like the mortgage, car payments and food. Life is able to go on with the assistance of lawsuit funding.