A terrible, tragic crash occurred in South Philadelphia on Friday, May 18, 2018. An 11yr old on a bicycle was struck while crossing the street.
According to 6ABC, the driver of the vehicle who hit the boy fled the crash scene after the collision. Thankfully, the driver turned themselves in to police. Even though they should have stayed at the scene to begin with, they allegedly saw the news and decided to do the right thing. At the time of this article, no criminal charges had been filed, however, some charges are likely to follow as it is obviously against the law to leave the scene of a collision in Pennsylvania.
Drivers are responsible.
After a long winter, kids are out playing, running and biking. This means they are also out crossing streets. Drivers have a duty of care to be extra cautious when operating a motor vehicle in areas where children may be present.
Unfortunately, after a serious injury or a death, insurers will often attempt to blame you or your child for your or their injuries, especially when someone is hit on a bicycle.
We recently wrote about a similar wrongful death case involving a 12-year old boy who was hit by a car when crossing the street from in between two parked cars. In fact, the issue of the child’s contributory negligence was the issue 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 should reasonably have been expected of a child of like age, intelligence and experience.
Contact a Children’s Injury Lawyer.
We hope that you never need to contact us. However, if your son or daughter is ever involved in a similar accident, contact Attorney Edith Pearce. Sometimes called Philadelphia’s Children’s Attorney, she has extensive experience representing children and seeking justice on their behalf. No amount of money can compensate a child for their injuries or their loved ones after a death, but we can seek justice and help provide closure. If you contact us after a crash like this one, we will only offer you advice and options which are in you or your child’s best interest. Edith Pearce is a compassionate, caring and competent attorney. Contact her for a free consultation and preserve your rights.
