What You Can Do If Your Child Is Hit By a Vehicle

Author: Auger Law | January 22nd, 2018

It is an absolute nightmare for parents to even think about their child being hit by a car, much less being involved in the situation. It’s a sad fact that children of all ages are hit by cars on a far-too-regular basis. Young ones, aged five to nine, are particularly susceptible to the danger.

Children are at a higher risk of being injured in a pedestrian versus car accident than in an automobile accident. Being hit by a vehicle is the leading cause of death for five to nine year old children when it comes to preventable accidents.

Federal statistics say that nearly 5,400 pedestrians were killed in traffic-related incidents in 2015. More than 100,000 people were seen in emergency rooms in that same year due to injuries caused by these kinds of accidents. In 2015, one in every five children who were under the age of 15 at the time of death related to a traffic accident were pedestrians.

Protecting Your Child from Accidents

There are steps you can take to help prevent your child from being struck by a car.

• Fences: If your child is allowed to play outside on their own, they should be playing within an enclosed area that has a locked gate. If you don’t have a fence surrounding an area of your yard, your child should not be permitted to play outside without adult supervision.
• Education: Make sure that your children know the dangers of playing near the road or driveways. Always make it a rule that they stay away from these areas.
• You are a hazard, no matter how much you would like to believe you are not. If you are backing out of your driveway, always walk around your car before you put the keys in the ignition. You can miss a small child behind your car even with a rearview camera.

You Rights If Your Child is Struck

If your child is hit by a car, you have legal rights if the driver was negligent. Drivers are required to show a high duty of care if they are operating in an area where children are likely to be present.

It’s important to know that your child will not be held to the same standard as an adult pedestrian. For example, your child will not automatically be told that they should have been more careful or paid closer attention. Your child’s actions will be held to a standard that is typical of their age, experience and intelligence. A moment of distraction does not make your child responsible for the accident.

If your little one has been struck by a vehicle in Charlotte, reach out to our office. We understand the pain your family is feeling and we want to help you achieve justice. Call our team today to arrange you free case evaluation and discover more about your legal rights. We are here to help you.