Police did not file charges last year against 61-year-old Richard L. Robertson of Sedalia, Missouri, after his pickup truck struck and killed a 10 year old girl riding an all-terrain vehicle. “Law enforcement officials said they determined [Jordan Keith] swerved out in front of Richardson and he couldn’t stop in time.” Parents Michael and Lesli Keith have sued Richardson anyway, accusing him “of being negligent and failing to drive more carefully or sound a warning”. [AP/Columbia Missourian]
3 Comments
The Missouri ATV regulation is here:
http://law.justia.com/missouri/codes/t19/3000000348.html
Civil judgments should not reward law breaking. It is prohibited to drive an ATV on the highway unless covered by an exception, to drive under age 16 unless on parental property, to drive without a parent, to operate the ATV in a careless manner. It is unclear if the victim was wearing a helmet as required.
Here’s a case wher the pickup truck driver should countersue the parents for their child neglect –where were the parents when the 10-year-old was driving the ATV around? (For that matter, why DID a 10-year-old have an ATV to begin with?)
I have no doubt the driver was deeply traumatized by the death of the little girl, caused by the carelessness of her parents. I know I would never be the same again.