In Florida, children are the unfortunate victims of automobile accidents, pedestrian accidents, and bicycle accidents. Florida law has adopted comparative fault as the standard for pedestrian accidents. In other words, the fault for injuries to a pedestrians can be apportioned (when applicable) among the injured person, multiple drivers, and others who may have caused or contributed to causing the injuries to the child. It should be noted that a child under the age of 6 years of age cannot be held liable or partially at fault for any liability associated with his or her injuries; however, a parent or other supervising adult may be assessed some liability the the injuries caused to an injured child pedestrian under the age of 6.
There are a number of factors that may be considered by the police and detectives following a pedestrian accident involving a child. These factors may include some or all of the following:
the speed limit in the area;
the speed of the vehicle(s) involved in the accident;
whether the area was residential or commercial;
availability of a crosswalk;
use of a crosswalk;
intersection at or near the site of the pedestrian accident;
age of the child injured in the pedestrian accident;
supervision provided by parents or child care providers for the child;
preventability of the accident on the part of the child;
preventability of the accident on the part of the driver(s);
preventability of the accident on the part of parents or child care providers;
type of injuries sustained by the child;
severity of the injuries sustained by the child;
medical treatment provided to the child;
availability of automobile insurance;
availability of health insurance;
police report and investigation;
witness statements; and
Each pedestrian accident involving a child should be evaluated on its own facts and merits. Often times, it is helpful for a parent of an injured child to consult with a Florida Child Injury Lawyer for advice and legal representation. The issues involved with Florida Child Pedestrian Injury Cases are often times complex and confusing. Because of this, it is important for a parent to get help and representation as needed to protect and enforce the legal rights of the injured child.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Medical Treatment and Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.
A recent pedestrian accident was reported in Pompano Beach, Florida. The Associated Press reported that a 3 year old was hit by a vehicle in front of a hotel – The Forum Hotel. The initial report was that the boy walked into the path of a van. Since a death resulted from this accident, a traffic homicide investigation will be completed by the local police department, sheriff’s office, and / or the Florida Highway Patrol. Measurements were most likely taken at the accident scene in order to complete an accident reconstruction / investigation into this most unfortunate accident. The death of a child has a tremendous ripple effect throughout the family, neighborhood, and the community. You can read more about this accident at South Florida Boy Dies as a Result of a Pedestrian Accident.
When a child dies, a parent is often faced with many issues and challenges. It is important for the parent to be surrounded by family and friends for support. When appropriate, a parent may also need the advice of a Florida Child Injury Lawyer to determine the respective legal rights of the family when a child dies as a result of a pedestrian accident, automobile accident, and / or bicycle accident. The book titled – When a Parent’s World Goes from Full to Empty – The Wrongful Death of a Child – What You Need to Know About The Florida Wrongful Death Act has information as to the Florida law on point, damages and compensation, statutory survivors, and other topics related to the wrongful death of a child in Florida. You get receive this book for free at From Full to Empty.