Philadelphia Child Accident Lawyers
An accident is not something a driver can plan for. You can do your best to pay attention and follow every rule of the road, but you can’t take the wheel from a driver in another vehicle, who is not paying attention, heading straight for you.
If a collision is unavoidable, you might trust that your seatbelt and airbag will protect you. But what if your children are in the car? Those small ones you’ve nurtured for their entire lives are now put in harm’s way because of someone else’s carelessness.
What Happens When Your Child Gets Hit by a Car in Pennsylvania?
In Pennsylvania, when a child gets hit by a car, the law holds the car driver to a certain standard of care that scrutinizes the actions of the driver. The law requires the driver to notice his or her surroundings and see if it’s a place where children are typically around, like a school zone. The court even looks at the propensity of a child to dart out into traffic and to make poor judgments.
The law will compare what the driver did that day to those actions a reasonably prudent person would take in the same circumstances. If the driver came up short, then the court will find that the driver was negligent.
Child Injuries as a Passenger in a Vehicle Accident
In the most recent US accident numbers from the CDC, 675 children 12 years old and younger died as occupants in motor vehicle crashes in a single year. Almost 116,000 more children were left with injuries in that same year.
What’s even scarier is that of the children who died in those crashes (for which restraint use was known), 65% were actually restrained or buckled up the right way.
The takeaway is that even a child seat or seat belt is far from a guarantee that your son or daughter will escape serious injury.
Common Accident Injuries for Children
Medical Experts have learned that an infant and a toddler can be vulnerable in an accident in very different ways than a child who’s even just a few years older. Infants (under the age of one) are at more risk for concussion. Toddlers (one to three years old) are more likely to be left with cuts and head fractures.
According to data from the National Highway Traffic Safety Administration, the most common injuries to children during an accident are:
- Head Injuries/Concussions – The most common injury for children and the most dangerous due to a child’s developing brain at this stage.
- Chest Injuries or Thoracic Injuries – These injuries cover damage to the heart and lungs, ribs, and breathing passageways.
- Abdominal injuries- Small-bowel injuries and large-bowel injuries were more common among children 4 to 7 years old, accounting for 30 percent of their abdominal injuries
- Pelvic fractures – Higher risk among infants.
- Psychological Injuries- Lasting Trauma, trying to cope with what happened.
Rollover accidents are particularly dangerous for children of all ages. Children are much more likely to suffer an incapacitating injury during a rollover than in any other kind of auto accident.
Is a Driver At Fault In an Accident When a Child Darts Out In Front of the Car?
Oftentimes, children and kids are not careful and forget that adults have repeatedly reminded them not to 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 the 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, 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 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-old 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 circumstances.
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 from 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 the child will receive upon becoming a legal adult at the age of 18.
Another difference in an accident injury case involving a child is 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 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.
Can a Parent or Guardian File a Lawsuit for Their Child in Personal Injury Cases?
In most situations, a parent or guardian is allowed to file a lawsuit on behalf of their child, particularly if the child is a minor and cannot legally file a lawsuit themselves. This is a significant aspect of personal injury law, especially when a child sustains an injury due to an accident. Parents or guardians act as the legal representatives, ensuring the child’s interests are safeguarded during the legal proceedings.
Legal Representation for Minor Children
Courts recognize parents or legal guardians as having the authority to represent their minor children in legal matters, such as personal injury lawsuits. If your child has been injured in an accident, you, as a parent or guardian, can serve as the legal representative to seek justice and obtain compensation for the harm done.
Statute of Limitations and Minors
A crucial factor in filing a lawsuit on behalf of a minor is the statute of limitations, which determines the time frame for filing a legal claim. Typically, the statute of limitations is “tolled” or paused for minors until they reach the age of majority, which is usually 18. As a result, the deadline for filing a lawsuit on behalf of your child is extended, giving you additional time to pursue the claim.
Guardian Ad Litem: Ensuring the Child’s Best Interests
In certain cases, the court may appoint a Guardian Ad Litem (GAL) to represent the child’s best interests during the legal process. This is particularly necessary if there’s a potential conflict of interest, or if the child is too young or incapacitated to represent themselves adequately.
Exceptions to Parental Legal Representation
While parents and guardians generally have the right to represent their child in a lawsuit, there are exceptions. For example, if a child is mentally or emotionally incapacitated, the court may appoint another adult or legal representative to manage the lawsuit. Additionally, if the child reaches adulthood before the lawsuit is filed, they may choose to appoint their own attorney to represent them.
Compensation in a Child Injury Lawsuit
When filing a personal injury lawsuit on behalf of your child, the damages sought can include a broad range of compensation. This may encompass medical expenses (both current and future), pain and suffering, loss of future earnings, and emotional distress experienced by the child due to the injury. The ultimate goal is to secure the necessary financial resources to support the child’s recovery and provide for their well-being after the injury.
Seek Treatment For Your Injured Child Immediately
Even as adults, we can sometimes downplay injuries in the immediate aftermath of an accident. Shock and adrenaline might also prevent us from noticing injuries that we might in normal circumstances.
Your child will have the same trouble pointing out injuries they may have suffered. A child also may not be able to communicate that information to you properly. Get professional medical treatment on the scene and follow up with your doctor. Internal bleeding can be impossible for a parent to spot, but it can be deadly if it goes unnoticed.
These careful medical evaluations will hopefully spot all of the injuries your child needs treated. The documentation will also make clear what the driver who caused the accident needs to be held responsible for. The driver’s insurance needs to cover today’s medical bills and any treatment necessary in the future.
Contact a Philadelphia Children’s Injury Attorney Near You
Injuries to children are one of the most painful experiences that your family can endure. Sometimes called Philadelphia’s Children’s Accident Attorney, Edith Pearce is experienced in representing the interests of children and their families who are seeking justice for their child.
Edith has extensive experience representing children and seeking justice on their behalf. With Edith, you can come and talk, ask questions, and then decide what’s best for you without worrying about making a commitment or paying a consultation fee. She knows that where children and family are concerned, the parents want only what’s best for their child and their family, and she will work hard to do just that.
If your son or daughter was injured, contact The Pearce Law Firm, P.C. at (215) 557-8686 for a free consultation and case evaluation.
