Is a Driver At Fault In an Accident When a Child Darts Out In Front of the Car?
Often times children and kids are not careful and forget that adults have repeatedly reminded them to not run out into the street. Parents worry every day about their children being struck by a car or involved in a car accident while crossing at a school crosswalk or playing near the street. Unfortunately, even a seemingly minor accident between a child and an automobile can lead to tragedy.
Drivers often ask, “Am I responsible even if the child ran in front of my vehicle or quickly darted into the street?” Here in Pennsylvania, the answer may depend upon a couple of key factors, including:
- Where the accident happened
- Circumstances around the accident
- Age of the child when they were struck by the car
Under Pennsylvania law, drivers must use more caution when they are driving in an area where children play.
Under Pennsylvania law, the driver of a car must use “ordinary care” when operating their automobile. However, “ordinary care” involving children means that a driver must give added attention or consideration to the fact that children do not usually exercise the same degree of caution for their own safety as adults normally do. The 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.
In a wrongful death case involving a 12-year-old boy hit by a car when crossing the street from between two parked cars, the issue of the child’s contributory negligence was raised by the insurance company’s lawyer. The Court found that the Judge was correct in his interpretation of the law, instructing the jury that they could consider the boy’s age, his immaturity, where he lived, and his experiences during his lifetime, including the fact that he lived in an urban area with busy traffic. Smith v. Stribling, 649 A.2d 1003 (Pa. Cmwlth Court 1994). In other words, in determining whether the 12-year boy was at fault, Pennsylvania law holds that the jury must determine whether the boy or child used ordinary care, such as what should reasonably have been expected of a child of like age, intelligence, and experience. In simpler terms, the jury was to determine what other 12-year-old children would have done if in the same circumstance.
A Driver Is Responsible For Being Able to Control Their Car or Truck To Avoid Hitting A Child Who Can Be Seen or Observed In The Street.
According to Edith Pearce, an attorney in Philadelphia who has handled car accidents involving children, “Under the law, the driver may be found negligent if the driver fails to control his or her car or automobile in such a way as to avoid hitting and injuring a child who is in the street or road especially if the child was in the street for a sufficient amount of time for the driver to observe the child.” According to Attorney Pearce, “In handling cases with children being injured, one factor is how long the child was visible on the street to allow the driver to see the child and prevent the accident.”
The Unique Aspects of a Pennsylvania Child Injury Case
From automobile accidents, pedestrian accidents, bicycle accidents, and everything in between, children are at increased risk for both physical and emotional injuries in these accidents. Choosing a top Philadelphia child injury lawyer is the best way to ensure your child’s rights are protected and that you are appropriately compensated for their care and recovery. An experienced child injury lawyer will be able to determine who is at fault, the value of your specific case, and pursue your case, so your child gets fair compensation for their traumatic experience and injuries.
When children are injured in an accident, their cases are handled differently than adult accident injuries. They’re faced with the unique situation of not being able to serve as the plaintiff in their accident case. The law requires the child’s parent or legal guardian to serve as the plaintiff on their behalf. Upon settlement, the parent of the child is expected to put the child’s compensation into a trust that they will receive upon becoming a legal adult at the age of 18.
Another difference in an accident injury case involving a child is also different in the available compensation for a claim. A personal injury case for an adult would typically expect compensation for both economic and non-economic damages, including lost wages and medical expenses. Because a child likely will not have economic damages, their case will look a bit different. Instead of examining lost wages, an injury case involving a child will instead evaluate the impact on the child’s education, emotional state, and overall physical and mental development.
Just like adults, when a child is injured due to the negligence of another, they are entitled to fair compensation for their damages. From the cost of current and future medical care to compensation for the diminished quality of life, an experienced child injury lawyer in Pennsylvania will help ensure your child receives compensation for their injuries.
Contact an Experienced Pedestrian Accident Lawyer Today
Often the insurance company will try and blame the child for causing the accident, but an experienced lawyer dealing with automobile accidents involving children will know how to prepare these types of cases. In fact, Philadelphia lawyer Edith Pearce worked defending these type of cases before she decided to open up her own law firm in Philadelphia to represent victims of personal injuries. She knows the tricks of the trade and the defenses insurance companies use to avoid these claims. If you know of a child or loved one who has been hurt in an accident in Philadelphia, the Philadelphia suburbs, or Southern New Jersey, please contact The Pearce Law Firm to see if we can help.
