Houston Personal Injury Attorneys – Smith & Hassler

A 10-year old boy was tragically killed in an intersection car accident on Highway 90 near Uvalde Road in the Channelview area. Harris County Sheriff’s Office told Channel 2 that the boy, Carmelo Cornejo, was traveling with his mother Maria Cornejo in her Pontiac, when the Pontiac allegedly ran a red light and struck a Toyota Scion. Carmelo was riding the back seat of the Pontiac: he was ejected in the crash and died at the scene. Maria Cornejo was taken to Memorial Hermann via Life Flight helicopter in critical condition. The driver of the Scion and a 3-year old child riding as passenger were taken to LBJ Hospital: that child was properly restrained in a car seat and is expected to be okay, despite it being a serious collision. Family members say Maria Cornejo was driving Carmelo back from the doctor’s appointment, and that the boy had a heart condition. It will be up to the District Attorney’s Office to decide whether any charges will be filed, since Corenjo allegedly ran the red light.

Texas Transportation Code Sec. 545.412 requires any child under 8-years old ride in a passenger vehicle in a child passenger safety seat system, unless the child is taller than 4 feet 9″. Texas Transportation Code Sec. 545.413 makes it an offense to allow a child under the age of 17 (not required to be a child passenger safety seat system) to ride in a vehicle without requiring them to be secured with a safety belt.

What happened to Carmelo is a tragic accident that, of course, nobody intended. It underscores the importance of safety belts and safety seats for children, because you cannot predict when a serious car accident will happen. And because children are smaller than adults, in a serious accident if they are not restrained there is greater potential they could be ejected through an open or broken window.