Personal Injury Lawsuit for Hit and RunDevin Byrd, a twelve year-old resident of Richardson, Texas, was riding in a go-kart on the sidewalk at Heights Park last month when a woman driving an SUV jumped the curb and struck the boy.
Elaine Burbridge, the 62 year-old driver of the SUV, left the scene without stopping to render aid. Eyewitnesses saw the SUV crash into the go-kart, make a U-turn and leave the area. Police later found a vehicle matching the witnesses descriptions in a neighborhood near the park.
Burbridge claims she did not remember an accident, but she has contacted an attorney. She turned herself in several days later and was released on $5,000 bond.
Police stated that Burbridge left the area without getting out of her car to see if the boy she hit was okay or needed medical attention. She is charged with failure to stop and render aid. Burbridges attorney does not refute the fact that she was involved in the collision, but he claims she has an undiagnosed seizure disorder which caused her to temporarily black out and crash into the boy.
I think thats offensive to anybody that has common sense, said Courtney Hopping, a spokesperson for the family. Hopping continued, You should be able to play in the park without being rundown and left for dead.
The boys family is disappointed about the charges assessed against Elaine Burbridge. She has been charged with failing to stop and render aid, which is a third-degree felony. This charge also carries a ten year prison term and $10,000 fine. They believe she should be charged with a harsher second-degree aggravated assault felony which could extend her prison term to twenty years.
Devin Byrd remains in the Childrens Medical Center in serious condition and is not able to breathe on his own. His family members say he has good days and are hopeful that he will begin to steadily improve.
Richardson police say they will not file any additional charges before they conclude their investigation. The drivers family said that they noticed Burbridge blanking out on several occasions within the last three months. A neurologist has instructed her not to drive until her condition is clarified.
Rebecca Herrell, a nearby neighbor is irritated with Burbridges defense. She was driving by the park and saw the accident occur. It was very obvious that she stepped on the gas and was trying to get out of there, Herrell said.
Whether or not Burbridges neurological condition exists will be determined by the courts. Byrds family is focused on his recovery but will soon face the bills that accompany serious accidents, not to mention the months of recovery and recuperation for young Devin.
Hiring a Personal Injury Lawyer
If you or someone you love has been injured by the negligence of another driver, contact a personal injury lawyer. Depending on the state and your states laws, you may be able to receive compensation for your car accident injuries by filing a personal injury claim