Steps To Take If Your Child Was Injured in a Pedestrian Accident

Recent statistics from the Governor’s Highway Safety Association (GHSA) state that the biggest increase in traffic-related fatalities in the US has been pedestrian deaths. These fatalities have increased by 27% in the last decade. All other traffic-related deaths in this period went down by 14%. Pedestrian fatalities account for more traffic deaths than in the last 40 years.

Children under 15 years are at a high risk of being in a pedestrian accident and suffering serious injuries. To lower the risk of these accidents and the severity of injuries, it is crucial that parents are educated on accidents involving child pedestrians.

According to Alexandria, LA pedestrian accident lawyers from Morris Bart Law Firm, you need legal help with your case if your child suffered injuries as a pedestrian in a traffic accident. A qualified lawyer will look over all the incident details and let you know which evidence you need to submit in court. You should consult with an attorney as soon as possible so you and your family can receive fair compensation for your child’s pain, suffering, and medical bills.

Why Do Child Pedestrian Accidents Happen?

The Center for Disease Control and Prevention asserts that 20% of kids younger than 15 years of age (or one in five children) killed in car accidents are pedestrians. This is because children have several unique traits that make them more likely to be victims of pedestrian accidents.

Children are small in stature compared to adults, making it difficult for drivers to see them. As a result, pedestrian accidents are more likely to occur in areas where children walk or play, such as school zones, parking lots, driveways, and neighborhood streets.

Kids and teens are also more likely to walk or run from behind parked cars and school buses into the street to chase balls or other toys. Drivers may not be able to react quickly to avoid hitting the children since they are more difficult to see.

Since children are smaller than adults, they are more likely to suffer more severe injuries after a pedestrian accident. Unfortunately, this is also why kids and teens are more likely to die after being hit by a vehicle.

What to Do After a Child Was Injured in a Pedestrian Accident

Before we discuss liability and legal action, you need to know what to do if your child becomes the victim of a pedestrian accident. Here are some of the mandatory steps to take:

• Seek immediate medical attention for the child even if they seem fine or say nothing hurts. Hidden injuries and traumatisms can show symptoms days or weeks after the incident. Call an ambulance or take the little one to the hospital right after the traffic event.
• While at the scene (while waiting for the Police and the paramedics), don’t allow the child to talk to the driver. The driver might also be in shock and mean well wanting to know how much damage they caused, but you should avoid all interactions between the driver and the victim. Even if you were not with the child and arrive later at the scene, try to limit all conversations.
• Document all your child’s injuries and ask witnesses (including other children) for their contact details, photos or videos taken at the scene, etc.
• Take pictures of your child’s injuries and ensure you have access to their medical records, treatments done in the hospital, recommendations, prescriptions, etc.
• Contact your attorney to discuss the case and learn more about your legal options.

Additional Factors to Consider

Children are also more likely to get into pedestrian accidents because of poor judgment. In addition, children’s brains are not fully developed due to their age, and they are more likely to engage in risky behavior like running in front of moving vehicles, which can lead to more accidents.

As children get older, they become more independent and want to do more on their own. For example, they may begin to walk to and from school or their friends’ houses or walk the dog, which means they will be exposed to residential traffic more.

Who Is Liable for Child Pedestrian Accidents?

Drivers have to be aware of their surroundings, especially in areas where children play or walk. A negligent driver who injures a child pedestrian is liable for damages. Moreover, the child’s family can file a negligence claim if the driver did not use the level of caution and care expected of a reasonable person in the same situation.

For the parents of the victim to file a negligence claim, the following negligence elements must be proven:

• the driver owed the victim a duty of care
• the driver did not adhere to the duty of care
• the driver’s failure to use caution caused the accident
• the accident resulted in damages

All drivers must exhibit a duty of care when driving. This duty extends to other drivers on the road as well as pedestrians. For instance, several states have mandates that require drivers to give pedestrians the right of way. Some states also enforce a special duty of care for drivers to avoid accidents involving pedestrians and be extra careful when children are on the road.

Author: Early in his journalism college years, Kerry Tucker had a revelation: there were not nearly enough law communicators. Peoples’ difficulties in understanding the law, procedures, and how the justice system worked stemmed from the fact that no one took the patience to explain complicated matters to them. Therefore, he took upon him the task of helping people navigate legal matters easier. He works with attorneys and other legal journalists and spends time doing research so that everyone – from a mother whose child got a bike injury to a company needing insurance counsel – to find the actionable answers they are looking for.