If you are involved in a car accident in which you strike a child and suffer any injuries, it can be a difficult situation. Aside from injuries to the child, your own injuries may cause lost wages, missed work, and expensive medical treatment. There are legal options to ensure that you receive the compensation for your injuries to which you are entitled.
Injuries Common to Passengers in Car Accidents Involving Children
There are many possible injuries you may experience when involved in a car accident in which you strike a child. The injuries could be minor, such as whiplash, bruises, and cuts. You could also have more serious injuries, including broken bones, brain or spinal cord damage, and injuries to your head and back. Depending on how severe your injuries are, you may need a larger amount of damages to compensate for missed work and the rising cost of your medical treatment.
Determining Fault
It is important that if you are injured in a car accident in which you strike a child, you are sure to determine who is at fault for the accident. You may think that as the driver, you are automatically at fault for striking a person with your car. This is actually not the case. The saying that the pedestrian always has the right of way is actually a myth, and there are some cases in which the child could be at fault in this type of situation.
There are different types of fault in this kind of car accident. For instance, a child running out into the street after a toy, or crossing the street at night or in hazardous conditions, could place the responsibility for the accident on the child. Older children can possibly be determined negligent and responsible for an accident by a court of law. There are certain situations in which you would be determined at fault. For instance, if it is proven that you did not stop at a stop sign, or did not heed a sign warning of children living in the area, you would be at fault. And obviously, if you were driving while intoxicated or texting and driving, you would most likely be at fault for the accident.
What to Do if You Are Injured in a Car Accident Involving Children
In the event of a car accident in which you strike a child, it is important to note or photograph any evidence and take down the contact information of the child or their parents as well as any eyewitnesses. Calling the police to file an accident report can also help put the details of the accident on an official record.
Seeking damages from the child may be possible. It is helpful to do so with the assistance of a personal injury lawyer. Suing a child for personal injury compensation is a long and difficult process that may only be worth it for more serious cases. If the child is found negligent and responsible for the accident, they will begin paying you damages after they turn 18 years old.
