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Amish Horse Buggy Crash Kills 2 Ind. Children

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By Cynthia Hsu, Esq. on September 07, 2011 6:45 AM

An Indiana Amish SUV crash has killed two children. The fatal buggy crash took place at around 10 a.m. on Monday.

The crash occurred when a horse pulling two carts carrying 6 Amish children was hit by a SUV.

The SUV hit the horse and the first cart, according to Reuters. Ten-year-old Jenna Miller was tragically pronounced dead at the scene. Seven-year-old Jolisa Miller died later at a local hospital. Three of the other children had head injuries, while one had shoulder injuries and denied treatment.

The 60-year-old driver of the SUV car was not injured in the accident. The accident occurred on a road that had a speed limit of 55 mph, according to the New York Daily News. It's unclear if the SUV driver was speeding, according to police.

The driver was not detained at the scene and was not issued any citations, reports Reuters.

The SUV driver could face civil liability if she was negligent.

Negligence is often determined by whether or not the defendant acted in a reasonable manner. If the SUV driver was speeding, or was using a cell phone while driving, she likely was not acting in a reasonable manner. As a result, there could be liability.

However, if both the buggy driver and the SUV were negligent, the amount of damages that could be awarded in the case could be significantly reduced.

In many states, if someone contributed to the accident as a result of their own actions, the amount of damages they can get will be reduced. For example, if someone jaywalked across the freeway and was hit by a car, they were likely partially negligent and contributed to their own accident.

So far there is no indication that negligence was at play in the Amish SUV crash. For now, the community is mourning the victims of the buggy crash.

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