A tragic accident took place near Altamonte Springs involving an 8 year old girl by the name of Patricia Martin. She was riding her bicycle in a residential neighborhood when she was hit by a day care center van. It was reported by the Orlando Sentinel that Patricia had veered into street after having been riding on a sidewalk. She was hit by the right rear tire of the bus. The injuries were serious and Patricia was later transported to Arnold Palmer Hospital for Children where she was noted to be in critical condition. See Girl – 8 – in Critical Condition After Being Hit by Florida Day Care Center Bus.
Most residential neighborhoods are loaded with children who are playing, riding their bicycles, and riding their skateboards. The posted speed limits in residential neighborhoods are lower than other roadways for the purpose of protecting children and other pedestrians and bicycle riders.
Florida is a comparative fault State. This means that the fault for an accident (if any) can be apportioned between two or more people. An injury victim does not have to prove that the other party was 100 % at fault for the injuries. Children under the age of 6 cannot be liable for negligence or fault in the State of Florida. See Negligence of Children Under the Age of 6 in Florida.
Florida’s laws also separate civil cases from traffic cases. The disposition or issuance / lack of issuance of a traffic citation is not dispositive on a potential civil case. While a police officer can make the decision to issue a citation, it is not within the police officer’s control or powers to control the insurance claim or civil case for injuries resulted from an automobile accident.
You can read about the legal rights of children including Automobile Accidents, Day Care Center Injuries, and Playground Injuries in the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know. To receive a free copy of this book, click here.