In Florida and other states during the school year, there is a common danger in and around schools. Student pedestrians who walk to school or who are walking near a school are at risk for being hit, injured, and even killed. Disturbingly, student pedestrians are hit far too often while doing someone we, as parents, encourage them to do – attend school. It should be noted the Florida is a Comparative Fault state. In other words, the negligence or fault for the incident does not have to fall 100 % on any particular person or party in order to pursue a case or claim on behalf of the injured student. When a student / child is hit and suffers injuries or dies as a result of the incident, there can be a cause of action or case pursued on behalf of the injured child.
When a child suffers a serious personal injury or dies as a result of the incident, there is a full incident report / police report completed as to the cause and preventability of the incident, injuries, and / or death. It should also be noted that the conclusions of the investigating officer is not binding on a civil case or claim. While it is helpful to the pursuit of the case or claim if the police officer cites the driver for the cause and fault of the pedestrian incident, such a finding or citation is not necessary to pursue a case or claim on behalf of the injured child or on behalf of the surviving parents of the child who tragically dies as a result of a pedestrian accident or incident.
Florida has laws in place for drivers and pedestrians alike as to the use of crosswalks, schools zones, speed limits, etc . . . Here is a link to read Section 316.130, Florida Statutes – Pedestrians and Traffic Regulations has the applicable rules and regulations for crosswalks.