A serious child pedestrian accident is a parent’s worst nightmare. In an instant, they may lose their child or see their life changed forever.
When your child is walking on the sidewalks and crossing the street, they are at risk. In most cases, the injured child never even saw the car coming.
Parents can hold the driver responsible when a driver was to blame for the pedestrian incident. First, you need an experienced attorney to review your case and help you take legal action.
When you need a personal injury attorney to fight for your child and your family, Rosenfeld Injury Lawyers are here for you. Call us today to schedule your free initial consultation.
Pedestrian Accident Statistics
67,124 child pedestrians are injured in accidents each year, and there are 704 child pedestrian traffic fatalities a year.  Many of these incidents happen near school zones, when drivers fail to observe speed limits and exercise due care.
In general, the number of pedestrian fatalities has spiked in recent years. Pedestrian accident statistics reveal that serious traffic accidents are rising because drivers are more reckless. They pay less attention to traffic safety. Despite many campaigns and efforts to raise awareness of pedestrian safety, the problem continues to get worse. These days, drivers simply do not do what they have to in order to avoid pedestrian accidents.
Causes of Pedestrian Accidents
Here are some common causes of pedestrian accidents in general:
- Distracted driving
- Improper maintenance of cars (keeping drivers from being able to stop in time)
- Reckless driving
- Drunk driving (even if the blood alcohol concentration is below .08, and the driver is under the influence of alcohol)
There are times when a driver simply makes a mistake. Even when they are focused on the road, they may not see the child trying to cross the street because they are not on eye level with the driver. The driver would still be responsible for the accident because they owe the duty of care to everyone on the road, regardless of their size.
Common Child Pedestrian Accidents
Here are some common places where a child pedestrian accident will occur:
- In residential neighborhoods, when children are playing in front of their homes
- Outside friends houses
- Walking to and from school before and after school hours
- In parking lots (backover accidents are common in parking lots, when a driver does not see a child when pulling out of a parking spot)
While these areas are all high risk, a child pedestrian accident can happen anywhere that a young person is walking.
Your Child May Suffer Serious Injuries
Your child may suffer permanent physical injuries when they have been struck by a car. Anyone who is involved in a pedestrian incident could be severely hurt. Since a child’s body is smaller, they have an even greater risk of being severely injured in a pedestrian accident. Even nonfatal injuries will have a dramatic impact on your child’s life. They may never grow up to be the same.
Here are some common pedestrian incident injuries that your child may suffer:
- Broken bones
- Spinal cord injuries
- Internal injuries
- Traumatic brain injuries
In addition, your child will likely be traumatized and deal with significant emotional distress as they process and deal with the effects of the accident
Legal Responsibility for Child Pedestrian Accidents
It is up to you to hold the at fault driver accountable for the accident that injured your child.
The negligent driver would have the legal obligation to pay for the damage that they have caused. First, you would need to produce evidence that shows negligent actions.
In order to prove negligence in a child pedestrian accident (and in all traffic crashes), you need to demonstrate the following:
- The driver owed your child a duty of care (there is no special duty)
- The driver did something that would be considered unreasonable under the circumstances (such as failing to yield the right of way at traffic signals)
- Your child suffered an injury
- Your child would not have been injured had it not been for the actions of the driver
Adults Can File a Personal Injury Case on Behalf of Their Child
Kids cannot file their own personal injury lawsuit. One would need to be 18 years old to file their own claim. It falls to the parents to take action on behalf of your child.
You need to get enough money to secure your child’s future and make sure that they get the necessary care. You owe a special duty to your child when you act on their behalf.
There is one safeguard, the court would need to review and approve any settlement reached on behalf of a child.
Damages in a Child Pedestrian Accident Case
Here are the damages that your child can receive if they are the victim of a pedestrian incident:
- Medical bills
- Lost wages if they will be unable to work in the future (or if the parents needed to stop working to care for their injured child)
- Expenses for a caretaker
- Special education tuition if the child’s injuries keep from being in a regular school
- Pain and suffering for the ordeal that the child will go through because of their serious injuries
- Scarring and disfigurement
Wrongful Death Cases for Child Pedestrian Accidents
Many children who are struck by a car do not survive the accident. Losing a child to a tragic accident is the most difficult thing that a parent will ever endure. The parents can file their own personal injury lawsuit for their child’s wrongful death.
The parents could be compensated for their own grief and trauma that they experienced from losing a child. They would also be paid for the loss of the close and loving relationship that they had with their child.
Contact a Pedestrian Accident Attorney for Free Consultation
Parents should contact an experienced pedestrian accident attorney as soon as possible after their child has been injured. The attorneys at Rosenfeld Injury Lawyers work with families of injured children as they pursue full financial compensation. We will take the time to review your legal options and help you fight for a full and fair insurance settlement.
Parents owe it to their child to seek the maximum possible financial compensation. Children under the age of 18 cannot file their own lawsuits. We can help you at every step of the way. You can send us a message online or call us today at (800) 424-5757 to schedule your free initial consultation.
Resources:  Children’s Safety Network