Can I Pursue a Claim for My Injured Child Hit as a Bicyclist or Pedestrian if the Driver is Not Issued a Florida Traffic Citation?
Can I pursue a case or claim for my injured child from a bicycle and pedestrian accident even if the driver does not receive a traffic citation in Florida? The simple answer to this question is "Yes". In Florida, police are called to most accident scenes involving injuries to a child who is injured while riding a bicycle or walking as a pedestrian. At the accident scene, the investigating officer will assess the accident scene and take statements from the drivers, witnesses, and the injured child. Thereafter, the investigating officer will make a determination if he or she believes that a Florida traffic statute or ordinance was violated.
When a child is injured as a bicyclist or a pedestrian, it is often helpful to have the advice, consultation, and legal representation from a Florida Child Injury Attorney or a Florida Personal Injury Lawyer. Often times, there are complex issues as to liability, causation, damages, insurance, and other matters. The attorneys at Wood, Atter & Wolf have been representing injured children and their families since 1957. The law firm handles these cases on a contingency basis (i.e. No Recovery - No Attorney Fees or Costs).
In Florida, there is no legal requirement that a police officer issue a citation to anyone at accident scene if the police officer believes that no traffic regulation was violated. You can read more about Florida traffic laws and regulations at Florida Traffic Rules, Laws and Regulations - Frequently Asked Questions. Whether a traffic citation is issued or not, an accident report is typically prepared when a child is injured while riding a bicycle or walking as as pedestrian.
Either let weather aid citation is issued or not they reported typically prepared and then made available to the accident victim and drivers at a later date. If a traffic citation is not issued to the driver who hit a child while riding a bicycle or while walking, the parent of the injured child can still pursue a civil case or insurance claim for the child injury. In Florida, the police officer is not given the power or authority to decide insurance claims or civil cases. In other words, the civil case is not contingent on the issuance or lack of issuance of a traffic citation by the police officer when a child is injured as a pedestrian or bicyclist.
Florida law provides that children under the age of six years old cannot be comparatively negligent as a matter of law. In other words, if a child under the age of six is hit by a car, the insurance company and/or the driver cannot blame the child for his or her fault for causing the accident. A Florida Personal Injury Attorney can help guide the family of an injured child through the maze of Florida laws and insurance claims. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Medical Bills and Medical Treatment, Damages and Compensation, and other topics. Get this book for free at The ABCs of Child Injury.