Atlanta Personal Injury Lawyer Blog

How did the pedestrian accident occur?
The Atlanta Journal and Constitution reported that a pedestrian accident and possible wrongful death occurred on September 18, 2011, when Tekila Glass, a 30 year old from Riverdale, backed her 2005 Chrysler Pacifica through the Lenora Park parking lot in Snellville, Georgia when her SUV struck a stroller. The stroller was being pushed by Brooke Hellwig from Grayson, Georgia. Ms. Glass apparently did not see the baby stroller as she backed. Ms. Hellwig apparently pushed the stroller carrying her one year old, Olivia, out from between two legally parked cars and into the path of the backing Chrysler Pacifica. The mother told the police that the driver backed over the stroller and baby and then ran over the baby a second time when she pulled forward. The investigators have not determined what charges will be filed in this accident.

CBS Atlanta announced that a vigil was held in honor of baby Olivia a few days after her death. Whenever a serious injury or death occurs it is very important for the victims to find out their rights by contacting an experienced personal injury and wrongful death lawyer for a free consultation.

What injuries did baby Olivia Hellwig sustain?
The one year old baby Olivia was rushed to Egleston Hospital in Atlanta, Georgia for emergency treatment. Tragically, baby Olivia Hellwig died from her injuries sustained in the pedestrian accident at Lenora Park.

Was the mother at fault for this tragic pedestrian accident? The Gwinnett police stated in a press release that they believed the driver and the mother were equally at fault. The mother should have been more careful when pushing a stroller out into the parking lot from between two parked cars. Ms. Hellwig, the mother, could face possible misdemeanor crimes under the following:
(1) O.C.G.A. Section 16-5-60 provides for criminal charges when conduct is reckless and causes "...bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise..." The mother in this case would only be guilty of this misdemeanor if her conduct of pushing the stroller from between two parked vehicles and into the path of a backing vehicle was held to be a substantial or unjustifiable risk to endanger the baby.
(2) Another possible charge would be for "reckless abandonment under O.C.G.A. 16-5-72, but the facts of this case would not likely support this charge.
(3) Another possible charge would be cruelty to children under O.C.G.A. 16-5-70, but the facts of this case would not likely support this charge either.

Was the driver who was backing at fault for this pedestrian accident?
Ms. Glass could be charged with improper backing under O.C.G.A. Section 40-6-240 which states: "[a] driver shall not back a vehicle unless such movement can be made with safety..." O.C.G.A. Section 40-6-3(a)(2) further states that public property or even private property that is customarily used by the public as through streets is subject to the rules of the road. If a jury concluded that Ms. Glass (the driver) was more at fault than the mother, then a wrongful death claim could be pursued. In a wrongful death action the family of baby Olivia or her estate can recover for the medical expenses, pain and suffering, value of the baby's life (economically and non-economically), and for the burial expenses. Ms. Glass's liability and any jury verdict rendered would be reduced by the percentage of liability or negligence that a jury assigned to the mother. This issue of liability would focus on whether or not Ms. Glass backed her Chrysler Pacifica safely. This analysis would hinge on the issue of what if anything could Ms. Glass have done to avoid hitting the stroller while backing. Attorney Richard Griffin, a Snellville personal injury lawyer from The Griffin Law Firm, believes that the relevant factors in this case would be the following:
(1) How fast did Ms. Glass back up?
(2) How far did Ms. Glass back up?
(3) What visibility did Ms. Glass have in seeing the stroller that was behind her?
(4) Was Ms. Glass looking back and using all available mirrors, cameras, etc.?
(5) Did Ms. Glass see the stroller at any time prior to colliding with it?
(6) Was Ms. Glass a distracted driver (example: texting, talking on the phone, using Ipods, using navigation, or other electronics while backing)?

Is there a wrongful death claim against the driver who was backing up?
Any time a serious injury or death occurs, it is a very good idea for the victim and their family to contact an experienced personal injury attorney or wrongful death attorney for a free case evaluation. As discussed above, the Gwinnett investigating officers seem to be placing blame on both the driver and the mother pushing the stroller. Ultimately, it would be for a jury to decide if there is a compensable wrongful death claim for this baby's tragic death based on the analysis above.

How much does it cost to get a free consultation for a personal injury claim, wrongful death claim, or worker's compensation claim from an experienced and successful attorney?
It costs nothing to call an experienced and successful attorney for a free consultation. The information you can obtain could be invaluable as you decide what actions to take when you have any of the following claims:
(1) personal injury,
(2) wrongful death, or
(3) worker's compensation claim.