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Lack of Child Restraints Contributes to Tragedy of Smyrna Collision

In February, a drunk driver took the life of an eight-month old boy—his own son.

Driving west in the eastbound lane of Winding Hill Road in Smyrna, 31-year old Darren Curry drove his Chevrolet Malibu head-on into a taxi driven by Jose Diaz. The impact of the collision fused the front ends of the two smashed cars together.

Injured passengers in the car driven by Mr. Curry included his partner, Wykenia Lashea Harris, and three children. Mr. Diaz, wearing his seatbelt, is expected to recover. The eight-month old son of Mr. Curry and Ms. Harris did not.

This horrific accident combines elements of the serious vehicle collisions that occur throughout the country each day—an impaired motorist, wrong-way driving and children without proper seat restraints.

According to law enforcement, the children were placed in the car as follows:

  • The infant who died was in a toddler safety seat that was not anchored to the vehicle. The seat was forward facing and the shoulder straps had not been used.
  • A three-year old boy who suffered a ruptured bowel was seated on a booster seat with only a lap belt and no shoulder harness.
  • The seven-year old was using his lap and shoulder harness.

Mr. Curry was arrested for first-degree vehicular homicide, driving under the influence and other charges. Ms. Harris was charged with second-degree vehicular homicide and three counts of second-degree child cruelty.

When you have questions after a serious automobile accident, talk with an experienced injury attorney in Atlanta.

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McMenamy Law is located in Atlanta, GA and serves clients in and around Atlanta, Decatur, Scottdale, Clarkston, Tucker, Avondale Estates, Pine Lake, Stone Mountain, Smyrna, Marietta, Mableton, Roswell, Conley, Austell, Lawrenceville, Forest Park, Dekalb County, Gwinnett County, Fulton County, Cobb County, Rockdale County, Cherokee County, Douglas County, Clayton County and Henry County.

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