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4-year old, Sofia Cardenas, Killed in Multi-Vehicle Accident on I-35 in Burleson

Traffic-i35_jpg-300x199Via Fort Worth Star Telegram- The identity of a little girl who was killed in a four-vehicle crash on I-35 has been identified. 4-year-old Sofia Cardenas, was killed and another female was taken to the hospital Tuesday morning in Burleson as a result of a crash Interstate 35.

According to the Tarrant County medical examiner, Cardenas died after being taken by CareFlite to Cook Children’s hospital in Fort Worth. .

Burleson police and fire responded to the crash around 7:45 a.m. at the 800 block of northbound I-35W, said city spokeswoman DeAnna Phillips.

All the details surrounding the cause of the accident are still unclear, however it is known that a Ford SUV struck the rear of a Honda sedan carrying two 4-year-olds that was slowing or stopped for traffic, Phillips said.

The hit caused the Honda to strike a Chevy pickup, which then struck a Chevy SUV.

The driver of the Honda was taken to the hospital in an unknown condition. Nobody else was injured, Phillips said. The cause of the accident was under investigation.

Read more here.

Analysis:

Multi-vehicle accidents are particularly dangerous for the young, especially when you have domino-effect style accidents that shove one car into another car, into another car. This multiplies the amount of damage that occurs to the vehicles, so naturally, it multiplies the damage to its occupants. Children, unfortunately, are usually the ones hurt most significantly in these types of accidents and for many reasons. It could be simply the impact. It could a defective car seat, or improperly strapped in child. Sadly, quite often, it is due to the fact that the child was not wearing a seat belt. Those situations are particularly hard to comprehend because the safety of your children is so important.

What is fairly clear from the details known about the accident is that the Honda SUV is at fault, either 100%, or it will be reduced by the fault of someone ahead the cars in traffic that created the danger that led to the accident. Once the families of the injured and those who received property damage claims against the insurance companies, the opposing insurance companies will attempt to allocate liability amongst themselves. The more parties who could be at fault, or the more contested it is who is at fault, the longer it takes. However, there are situations where liability, regardless of the number of vehicles involved, where liability is 100% clear.

Here, the loss of life will likely create tension between the insurance companies. This is because they know that this will, in all likelihood, be a max benefit distribution because a four-year old child was killed. This is especially true if the driver of the SUV had a higher limits policy such as a 100/300 policy where the estate of the child receives maximum 100k under the policy and anyone else who received injuries may make additional injury claims up to the $300k limit. However, in Texas, minimum policy coverage is only $30,000, and in such situations, the settlement under the insurance policy is grossly too small considering such a loss. This is where litigation will come in to sue the at-fault person for the injuries sustained by the child.

You might think, the person feels bad enough, just leave them alone. No. They killed a child. In the vast majority of cases like the one that took the life of Sofia Cardenas, the at-fault party was negligent because they were texting and driving, or looking at their phone while playing on Facebook, or they were distracted in some other way, such as playing with the radio, or even just staring out the window prior to the accident and not paying attention to the road. This is where the law allows personal injury attorneys to seek justice for the deceased party in order to deter future harms to others by seeking and obtaining large judgments against the other party.

If you have questions about a personal injury case, feel free to give us a call. We have assistants waiting to take your call. Consultations are free, and we only take personal injury cases on contingency, which means no upfront money out out-of-pocket for you.

About Our Firm:

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Guest and Gray, P.C. is an experienced litigation team serving all North Texas counties. We are the largest and highest rated law firm in Rockwall and Kaufman County. We regularly pursue and defend various civil litigation claims and personal injury claims. Our practice is quickly growing with offices now located in Dallas, Rockwall and our main office in Forney to provide convenience to our clients. We are longtime faces in our community and we love what we do. We seek to provide an air of calm and confidence for our clients during a difficult time. We believe that makes us a little bit different from everybody else, and we like it that way.

For more information, or if you are seeking legal advice, give us a call at (972) 564-4644.