An 8-year-old child with autism suffered injuries after being struck by the side mirror of a pickup truck while walking near her home in Covington. After the insurance company initially denied the claim, Flattmann Law filed suit, conducted discovery, and ultimately recovered the full available insurance policy limits for the child and her family.
Eight-year-old Victoria, a child with autism, was walking home near Highway 40 in Covington
after purchasing a snow cone with friends when a pickup truck approached from behind.
The roadway where the incident occurred had no sidewalks or crosswalks, forcing pedestrians to
walk along the shoulder of the highway near passing traffic.
As the pickup truck approached, the driver saw Victoria ahead in the roadway. Rather than
stopping and waiting for the child to safely clear the area, the driver attempted to drive around
her by moving into the opposite lane of traffic.
As the truck passed, the vehicle’s side mirror struck Victoria, knocking her to the ground.
Thankfully, the incident could have been far worse. However, Victoria still suffered painful
injuries, including lacerations and significant right ankle pain following the collision.
Emergency responders transported Victoria by ambulance to the hospital for treatment. After
evaluation and follow-up orthopedic care, she was required to wear a walking boot and later
participated in physical therapy for an extended period to help improve her mobility and reduce
pain in her ankle.
Because of Victoria’s autism and young age, the experience was especially frightening and
traumatic for both her and her family. Her parents worked closely with her throughout the
recovery process as she navigated medical treatment, physical therapy, and the emotional effects
of the collision.
Initially, the insurance company denied responsibility for the crash and refused to fairly
compensate Victoria and her family for her injuries. As a result, Flattmann Law filed suit on the
family’s behalf and proceeded with litigation.
During discovery, evidence was developed regarding the driver’s actions and the heightened
duty motorists owe to children near roadways, particularly in areas without sidewalks or safe
pedestrian access. In this case, it became obvious that the motorist could have easily avoided the
accident by stopping or passing further from the child.
After discovery and continued litigation, the insurance company ultimately agreed to tender the
full available $15,000 policy limits to resolve Victoria’s claims.
Disclaimer:
Results vary by case and situation, and that while the stories are all 100% true, the names have been changed out of respect for our clients.
When you ask for Grady, you get Grady. At Flattmann Law, we make sure that your consultations and cases are not assigned to a junior associate. Grady will personally be on the phone with you or meet you in person to discuss your individual situation. We will represent you not only as your attorney, but also as your neighbor.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
