What are the Legal Rights When a Child is Hit as a Pedestrian in the State of Florida?
In the State of Florida, there are duties on the part of the pedestrian and duties on the part of the driver. Florida has adopted a comparative fault set of laws. This means that a pedestrian can pursue a case or cause of action even if the pedestrian was partially at fault. Furthermore, there still can a cae or claim pursued on behalf of an injured child pedestrian or the family of a child pedestrian who died as a result of the pedestrian / automobile accident. Of course, pedestrians should only cross in crosswalks and when the pedestrian signal is green and it is otherwise clear and safe to cross the street; however, in life, this does not always happen. If a driver sees a pedestrian cross the street, the driver should do everyhing within his or her abilitiies to try to avoid hitting and / or running over the pedestrian. Just because a pedestrian is jaywalking or otherwise cross at a place and time when it is unsafe to, there are still duties and responsibilities on the part of the driver to slow down and when necessary - take evasive action.
If a child is injured as a result of the negligent or careless driving of another person, a case or claim can be pursued for the following types of damages:
- Past Medical Bills;
- Future Medical Bills;
- Lost Wages of the Parent;
- Tutoring Expenses (if related to the personal injuries);
- Medical Supplies, Prescriptions, and Equipment;
- Past Pain and Suffering, Mental Anguish, and Loss of Enjoyment of Life; and
- Future Pain and Suffering, Mental Anguish, and Loss of Enjoyment of Life.
Assuming that there is insurance in place or sufficient assets by the Defendant to cover these damages, it is still quite a challenge to obtain fair, just, and reasonable compensation on behalf of the injured child OR on behalf of the family when the child tragically dies as a result of a pedestrian / automobile accident.
The book titled - When the Wheels Stop Spinning - Legaly Rights of the Injured Child - What Parents Should Know After the Accident - has chapters on Bicycle Accidents, Pedestrian Accidents, Wrongful Death, and other topics. You can get this book for free at When the Wheels Stop Spinning.