The Kickham Comment - Boston Accident Lawyer Blog
In yet another example of how dangerous everyday driving can be, a 32-year-old Dedham woman was killed earlier this week as the result of injuries she received after being struck by another car. Making this death even worse, were the circumstances under which the tragedy occurred: A neighbor drove his SUV into a birthday party being held for the victim’s five year-old daughter, and the victim, Kimberly McGinley, was struck by the SUV while she was trying to get other children attending the party out of the SUV’s path. Despite efforts by emergency personnel at the accident scene and by doctors at Massachusetts General Hospital, Ms. McGinley died.
Now, a 32 year-old woman is dead, and a 5 year-old child motherless. As a Boston car accident lawyer, I see these tragedies all too frequently. The lifelong damage they cause is incalculable. According to police investigators, Zeggai S. Malu, 71, of Somerville, drove his Nissan Pathfinder across the sidewalk at 21 Munroe Street, then onto the lawn at 25 Munroe. The SUV struck McGinley and a 2-year-old Roslindale child, police said. The boy was found under the car, but was not pinned. The child is still at Massachusetts General Hospital, but is in stable condition. The operator of the SUV, Mr. Malu, has cooperated with investigators, police said. Preliminary indications are that speed, drugs or alcohol were not involved, according to police.
This preliminary report underscores the reality that while driving under the influence is a terrible problem in our society, it doesn’t take drunk driving to inflict the kind of tragedy witnessed here: All it takes is taking your attention off the road for a split second, and the results can be devastating. In my practice, I see this happen all the time. It can happen to anyone. While no charges have been filed against this operator, his driver’s license has been suspended for, among other reasons, Operating To Endanger.
When a victim or a victim’s family comes to our firm, as Boston, Massachusetts car accident lawyers, we activate an entire team to help them. We cannot turn time back and prevent the accident. We cannot bring back a loved one who has been lost due to someone else’s negligent driving. No lawyer can. But we can, and do, act rapidly to ensure that the victim recovers as much financial compensation as possible under the circumstances. That is one of the key reasons why automobile tort law exists as a distinct type of legal practice; it is why auto insurance is compulsory in Massachusetts – to ensure minimum amounts of insurance are available to compensate victims of Massachusetts car accidents, and other drivers’ negligence.
If you’ve been injured by someone else’s negligent driving, call us and we can help you recover the maximum financial compensation possible under the circumstances. In the immediate case of this tragedy, where a dependent child is left without a parent, the victim’s family will need to secure the maximum amount of damages possible to help provide for that child’s future. Aside from a negligence claim arising from the reported operation of this motor vehicle, a wrongful death lawsuit might also be possible (though to be certain I would need to know more facts, which at the time of this posting, I am not in possession of.)
Take a lesson from this tragedy: Always pay attention to your driving – and stay off your cell phones when behind the wheel!
The Law Offices of William D. Kickham And Associates represents injured victims of Massachusetts motor vehicle accidents and other personal injuries caused by someone else’s negligence. If you or someone you know has been injured in a car accident or motor vehicle accident, call us, and we can help you maximize financial recovery for the injuries you’ve suffered