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Child Hit When Exiting Vehicle in Philadelphia

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On Sunday, August 25, 2019, a child was hit after exiting a vehicle on Large Street in northeast Philadelphia.

We are deeply saddened to hear of this terrible crash. News reports state that the impact could be heard inside homes in the area and that the child was nearly killed. Thankfully, the boy was recently listed in stable condition at St. Christopher’s Hospital.

According to witnesses, the vehicle that hit the child sped away, blowing through a stop sign. The hit and run driver then returned 2 hours later. While it’s unknown what the driver said to the police, they got his information and then allowed him to leave the scene. Police also say that they haven’t finished their investigation and will determine of charges will be filed at a later time.

Are drivers responsible for children in the road?

Under Pennsylvania law, the driver of a car must use “ordinary care” when operating their automobile. When it comes to children in the street in a residential neighborhood, “ordinary care” means that a driver must give special consideration to the fact that sometimes children do not exercise the same degree of caution for their own safety as adults do.

In fact, Pennsylvania Courts have held that a car driver must exercise a far greater degree of care or caution especially if the child is very young and has not reached an age of discretion where they can more easily maneuver or get out of the way safely using independent judgment.  In short, the younger the child, generally the less sense of danger the law finds the child possesses and more care is required by the driver.

While we aren’t certain what happened in this crash above, we do know that contrary to its name, Large Street is a small residential street with a sped limit of 25. There are signs warning drivers to share the road with cyclists. There are houses up and down the street and children are frequently seen crossing the street, riding their bicycles and playing outdoors. In fact, there are signs up along Large Street specifically warning drivers to watch out for children in the street.

Contact a Children’s Injury Lawyer.

While we hope that no mother or father ever finds themselves in this position, if your son or daughter is ever injured by another driver while on foot or on a bicycle, contact us right away for a free consultation. Attorney Edith Pearce has represented several children in the past. Don’t let an insurance company blame your child for their injuries. During your free consultation, we will only offer you legal advice which is in your child’s best interest.

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