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Here’s what you can do if a car hits your child

On Behalf of | Apr 13, 2017 | Personal Injury

It’s not just adults who have to worry about getting hurt in car accidents. Children could also end up getting hurt. One way in which many children are hurt each year is in bicycling accidents with automobiles. Children don’t always know the rules of the road, so it puts them at higher risk of injury. When drivers don’t expect to see children on or near the roads, they could fail to stop for them and hit them, too. 

What happens after an accident?

If your child is hurt because of a negligent driver, you have the option to pursue a claim. Drivers have an increased duty of care around children, which means they’re held to a higher standard than the child would be. Drivers should expect children to cross the street in front of them suddenly or for young kids to chase a ball into the street. They should expect a child on a bike to wobble and fall as they turn to see the approaching vehicle.

Of course, drivers aren’t automatically assumed negligent just because a child was hit. However, if you can show that the driver was speeding in a school zone, driving recklessly in a residential area or otherwise negligent, then you have a chance to pursue a claim that gets you and your child the money necessary for medical treatment and the time you need to take off work.

Partial responsibility

In some cases, it may be that the child has contributed to his or her injuries by making an error. For example, a teen who crosses the road when it says “don’t walk” could be held responsible, at least partially, for the injuries. However, children under the age of 4 are generally not capable of negligence, and it’s recognized that they are unable to care for themselves. Since this is the case, it’s not possible for a driver to argue that a 3-year-old child made a mistake that caused the accident.

You can talk to your attorney about the accident to determine what steps you want to take to obtain compensation. You may be able to seek an insurance claim against the driver, or you may need to go through a civil trial.


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