We hope that your children are safe and sound. However, pedestrian accidents involving children are a significant concern in the U.S. If your child is injured in a vehicle-pedestrian accident, the aftermath can be devastating. Children may not possess the same level of awareness as adults, but as a parent, you have the right to seek justice on their behalf.
Abercrombie, P.A., provides dedicated legal support for child accident claims and secured compensation for the injuries suffered by your children in pedestrian accidents. Check out this blog for further details.
Why Children Are at Greater Risk in Pedestrian Accidents?
Children are comparatively at greater risk as pedestrians than adults. In some cases, their small size might make them less visible than drivers. Children are not as calculative as adults and might cross roads and run off into the streets. This unpredictability can catch drivers off guard and lead to an accident.
Children are not to be blamed, and the severity of their accidents is not always their fault. In some instances, drivers are negligent or have been driving recklessly. It’s essential to understand the responsible parties.
Who is responsible if a child is hit by a car?
Responsibility for a child being hit by a car depends on various circumstances. Here are some of the responsible parties and influencing factors:
- Negligence of the driver involving distracted driving, speeding or driving under the influence.
- Negligent supervision by parents, where they fail to assist their child in safely crossing roads or walking through side streets.
Apart from the two main responsible parties, other influencing factors also play a crucial role in a child being involved in a road accident. Our experienced pedestrian accident lawyer will help you navigate through the following factors:
- Age of the child: For children between 0 and 4 years, constant adult supervision is necessary. As the child becomes older, adult assistance in making calculated pedestrian decisions is required.
- Vehicle Ownership: In some jurisdictions, the vehicle owner may be held liable regardless of who was driving at the time of the accident.
Can parents file a lawsuit for a child’s pedestrian accident?
Yes, parents of the injured child in a pedestrian accident can file a lawsuit. Children under 18 lack the legal capacity to sue on their own behalf. Parents and legal guardians act as legal representatives to seek compensation for the child’s pain, suffering and trauma. However, specific eligibility criteria must be met. Here’s when your compensation claim will be eligible:
- Legal parents involve both the biological and foster parents of the injured child.
- A legal claim must be filed through a “next friend” if parents are unable to file a lawsuit. A next friend can be anyone, such as a legal guardian, relatives, family members, friends, or any other responsible adult.
What damages can families claim after a child is injured?
Your injured child deserves fair compensation in a pedestrian accident. Our family rights pedestrian accident lawyer will help you receive compensation to recover the following damages:
- Medical expenses, including diagnosis, treatment and post-accident recovery process.
- Rehabilitation costs associated with therapy, assistive devices and medical care required for recovery.
- Physical pain and emotional distress are suffered by the child in a pedestrian accident.
- Permanent disfigurement and disability cause changes in lifestyle.
- Loss of future academic and employment opportunities.
- Loss of enjoyment of life.
- Loss of consortium.
The compensation amount will depend on the severity of the injuries and their impact on a child’s life. It may increase and decrease based on comparative negligence clauses if they are proven.
How long do families have to file a claim?
The timeframe for filing a legal claim varies significantly depending on the type of claim. The statute of Limitations or timeframe in Florida is four years from the date of the accident. If a minor is involved, the deadline may be paused until they reach the age of 18 years.
Specifics of a statute of limitations can be complex, and that’s when we approach with our lawyers experienced with child hit by a car legal rights. Connecting with a pedestrian accident lawyer can be beneficial in gathering evidence, filing a lawsuit and obtaining proper legal representation.
Final Thoughts
If your child has been harmed in a pedestrian accident, Abercrombie, P.A. will stand by your side. Our child pedestrian accident attorney can help you advocate for your child’s legal rights and ensure that they receive their rightful compensation.
Seeking legal help? Connect with us for a Free Consultation.
