Pedestrians are the most vulnerable people on the road, and even coming into contact with a bicycle can cause a serious injury. Even more susceptible to devastating injuries as pedestrians are children, especially when they are struck by a car or another type of motor vehicle. The Miami pedestrian accident attorneys at the Law Offices of Robert Dixon help families of children injured by a careless driver pursue proper action in order to receive the compensation that they need following a pedestrian accident involving a child. Our firm is dedicated to holding at-fault parties liable for the harm that they cause to others. We represent people throughout Miami-Dade, Broward, and Palm Beach Counties, as well as elsewhere in South Florida. If your child has been injured in a pedestrian accident, you should contact our office today to schedule a free consultation to find out more about your family’s legal rights and options.
Pedestrian Accidents Involving ChildrenMany factors can contribute to a pedestrian accident involving a child. Sometimes weather can cause low visibility, especially during dawn or dusk hours, or a driver may be under the influence of drugs or alcohol. Backover accidents are also some of the most common involving children, since children are prone to playing in driveways or on residential streets, and drivers do not always exercise care when pulling out into the road.
The Florida Department of Highway Safety and Motor Vehicles has reported that each year, almost 500 pedestrians are killed statewide in incidents involving vehicles, some of which affect children. Pedestrian injuries are not only more severe than many others, but also they may be accompanied by escalating costs. Florida motorists are only required to carry insurance policies that cover up to $10,000 in injuries, which is often not enough for the daunting costs of treatment, rehabilitation, and any permanent harm. As a result, legal action is often necessary to pay for an injured child’s ongoing care.
Liability for Injuries to Child PedestriansMany times, drivers will try to place fault on a child who ran into the road or was otherwise careless in causing their own injuries. Of course, sometimes children can contribute to an accident, but motorists are still expected to exercise their own reasonable care. Negligence exists when a driver, a bicyclist, or another road user breaches the duty to act as a reasonable and prudent person would act in the circumstances, causing injuries and resulting in damages. For example, a driver speeding through a residential area and striking a child probably would be found negligent.
When fault is determined, damages may be awarded for past and future medical expenses, pain and suffering, and other costs associated with a child’s injury. When a child is killed as a result of a negligent driver, the parents may pursue a wrongful death action to receive compensation related to burial expenses, as well as pain and suffering. Under Florida’s pure comparative fault scheme of awarding damages, amounts are determined in proportion to each party’s degree of fault. Therefore, the family of a child who is found to be 20 percent negligent can receive up to 80 percent of the damages from the other at-fault individual. In many situations, moreover, a lesser standard of care applies to children than to adults, since the law recognizes that they lack the same knowledge and maturity.
Consult a Compassionate Miami Lawyer Following a Pedestrian AccidentA child’s injury is a parent’s biggest fear. Making sure that those responsible for the injuries are held legally accountable is a high priority for the injury lawyers at the Law Offices of Robert Dixon. We understand the emotional and stressful consequences of a pedestrian accident involving a child, and we are committed to making sure that our clients’ legal worries are furthest from their minds. If you need legal guidance following an accident that injured your child, call 877.499.4878 or contact us online to set up a free, no-obligation consultation to see how we can help. Our attorneys represent people in Miami, West Palm Beach, and other South Florida cities.