If a child runs into the street and gets hit by a car, the first thing you should do is seek emergency medical attention for the child by calling an ambulance. In the meantime, and if possible, document the accident scene and ask the driver for their personal information.
Once the situation has stabilized, you should consider your legal options, especially if you are the injured child’s parent. A Fort Lauderdale pedestrian accident lawyer on our team can determine fault in your child’s pedestrian accident and file a personal injury claim or lawsuit on your behalf.
What to Do in the Immediate Aftermath of a Child Pedestrian Accident
The initial shock of a child’s street accident is overwhelming, but acting quickly is paramount for their health and safety. Call 911 or, if you are the child’s parent or guardian, take them to the hospital immediately to receive treatment for their injuries. Do so immediately, as their life could be at risk.
While waiting for help to arrive, you should document the accident scene by:
- Asking the driver for their personal, insurance, and contact information
- Getting the witnesses’ names and phone numbers
- Taking pictures and videos of the scene
You’ll want to contact the police, too. Whenever there’s property damage, injury, or death, reporting the accident is legally mandatory. The officer should fill out an accident report after they arrive, and you can request a copy shortly after the incident. It will serve as crucial evidence in your child’s pedestrian injury claim.
Who Is at Fault in a Child Hit by a Car Accident Case?
In certain situations, the driver who hit the child bears at least partial fault. They could have exhibited negligence via any of the following driving behaviors:
- Speeding
- Failing to yield
- Driving impaired
- Driving too fast for conditions
- Driving distracted
- Making an improper turn
- Disregarding traffic signals
If the driver was near a place where children are usually present and reasonably expected, they had a duty to proceed with caution. Examples include residential streets, playgrounds, sporting facilities, bus stops, and school zones.
When Comparative Fault Comes Into Play in a Child Street Accident Case
Young children are rarely legally responsible for their actions. That said, an insurance company may assign the child’s parent(s) partial blame if they believe they were negligent in supervising their child.
For example, if a vehicle driver made a rolling stop at a stop sign and the child darted into the street while unsupervised, the driver may be 60% at fault and the parents 40%. Per Florida Statutes § 768.81, your compensation will reflect your portion of fault. In this example, the parent would only be entitled to receive 60% of their original compensatory amount.
In some cases, the insurer may conclude the injured child’s parents bear more than 50% of the liability in a pedestrian accident, barring them from recovering any damages. However, a Fort Lauderdale car accident attorney can compile evidence to prove the driver’s fault so that you can reach the financial outcome you and your family deserve.
Filing Your Child Pedestrian Case Lawsuit on Time
Florida gives limited time for claimants to take legal action after a negligence-based accident. Florida Statutes § 95.11 affirms that plaintiffs generally have two years to sue. However, if the victim is a minor, the deadline could be tolled (delayed) until their 20th birthday. In any event, it’s best to start working on your personal injury claim as soon as possible, as missing the deadline could result in the judge dismissing your lawsuit.
Our Fort Lauderdale personal injury attorneys will help you file on time if you give us sufficient notice. We can get to work on your claim immediately and start assessing your damages. Calculating medical bills is a critical part of the total settlement, as your child might have required intensive treatment involving:
- Ambulance transportation
- Emergency room care
- Medications
- Surgeries
- Assistive medical equipment
- Physical therapy
- Follow-up doctor’s appointments
- Diagnostic tests
This care, in addition to their injuries, probably caused them a lot of pain and suffering and emotional distress. These non-economic damages tend to outweigh the financial effects of an accident, so we will stress their importance when pursuing compensation for you.
Our Injury Lawyers Will Help You Prove Fault in Your Child Hit by a Car
A child getting hurt in an accident is a parent’s worst nightmare. Nothing can change what happened to them, but compensation can help you avoid worrying about the financial impacts. Allow our child injury lawyers to build your claim while you care for your family.
Contact the Law Offices of Wolf & Pravato today at (954) 633-8270 to begin your free case review. We’ve won over $200 million in personal injury settlements and received many 5-star Google Reviews.
