Child Killed in Detroit Car Accident

Larry Buckfire

Contributor

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A 3-year-old Detroit girl was struck and killed in a hit-and-run Detroit car accident Saturday while playing with her sister outside their home on Ashton Avenue on the city's west side. The girl was apparently in a parked vehicle, got out, and then darted out into the street when she was struck by a passing vehicle. The driver fled the scene.

In my practice, I often see cases in which children run into a street and are struck by vehicles. These are often referred to as "dart out" cases and the drivers typically blame the child for the accident. While these accidents may sometimes be unavoidable for drivers, they are frequently because drivers travel much too fast in residential neighborhoods and do not anticipate children running into the street to chase balls, play tag, and other games. In Michigan, drivers going through subdivisions have a legal duty to use a heightened degree of care based upon the fact that children are known to be in the area. We have successfully established liability against drivers in these cases for this reason.