Accidents can be startling and unsettling, especially when several family members — including children — are involved. Fortunately, Louisiana law establishes ways for families to quickly and effectively respond to accidents, including truck accidents, to allow for everyone’s interests to be properly represented and addressed.
One Louisiana family is utilizing the law precisely in this fashion to respond to a trucking accident with a local fire department. The family claims that the fire department negligently operated one of its pumper trucks when responding to an incident and hit the family’s vehicle, causing injuries to the entire family.
Specifically, the father — in his individual capacity and as the representative of his three minor children — is suing the fire department. He seeks compensation for medical expenses as well as pain and suffering, among other damages. He asserts that the fire department was negligent in a number of ways: failing to observe other vehicles; speeding; and failing to yield.
It can sometimes be difficult for a child to recover for injuries and damages sustained in such an accident. Louisiana law provides a method by which a child can be adequately represented: the appointment of a guardian ad litem. A guardian ad litem is a court-appointed representative who steps into the minor’s shoes to represent the child’s interests in the lawsuit.
A parent can function and be appointed in this capacity. And often, a co-plaintiff parent may be in a better position to serve as the guardian ad litem. The entire family is seeking a similar resolution. Allowing the parent to serve as the minor’s representative can help bring a quick peace of mind to the family.
The Louisiana family’s collision with the fire department truck demonstrates these possibilities.
Source: The Louisiana Record, “Kenner Fire Department sued over pumper truck accident,” Kyle Barnett, Dec. 30, 2013