What Are the Legal Issues Involved with an Pedestrian Accident Causing the Death of a Child Pedestrian?


In the State of Florida, children are tragically injured while walking or riding the bikes. In some cases, the child even dies from the pedestrian / automobile accident related injuries. There’s nothing worse than a parent receiving a phone call that his or her child has been killed as a result of a Florida traffic accident.

When a child dies as result of a Florida pedestrian accident, there are are many issues to deal with including the following:

Liability. This refers to the fault or comparative fault of the parties or persons involved in the accident. Florida has adopted a comparative fault system. In other words, a judge or jury can apportion fault between the person or persons involved in the pedestrian accident. In some Florida automobile / pedestrian accidents, the liability or fault is imposed solely upon the driver. In other accidents, there may be comparative fault between both the driver and the pedestrian. In Florida, a child under the age of 6 cannot be liable or at fault as a matter of law. For children 6 and older, a child can be held to be comparatively at fault for the accident.

Insurance Coverage. If a driver is at fault for an automobile / pedestrian accident, the driver is legally liable for damages or injuries caused by the accident. The amount of automobile insurance coverage does not dictate the extent of liability. As a practical matter, it is important that there is good or sufficient insurance coverage in place to cover the damages or injuries caused by the accident.

Damages. While the damage related to the death of a child should speak for speak for itself, there are often controversies over a the value of a case especially when there is extensive insurance coverage. The insurance company has a duty to act reasonably and timely when a claim or case is presented to the insurance company.

Probate. When a child dies as a result of an automobile / pedestrian accident, a probate case must be opened in order to litigate the case and to process any settlements that result from a civil claim or case. In the probate proceeding, issues that may arise include creditor claims / medical bills, apportionment of settlement between the parents, and other issues.

There are many other issues or challenges that can present themselves when a child dies as result of a Florida pedestrian / automobile accident. Because of the complexities of these cases and claims, it is important to have the benefit of counsel and legal representation from a Florida Child Injury Lawyer.

The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Medical Treatment / Medical Bills, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

In Port St. Lucie, Florida, it was reported by the Associated Press that a 14 year old girl (Brittany Hare) was hit by a van driven by Jesse Mcinerney). It was reported in the article that the driver did not have his headlights on. See Van Hits Teen Walking Down the Street in Port St. Lucie Florida. The death of Brittany Hare is certainly a great loss to her family, neighborhood, community, and school. Like other pedestrian death accidents, the above issues will be evaluated and analyzed by investigating officers, investigators, and by a private Florida Personal Injury should the family decide to seek legal advice and representation on this matter.