Q If My Child Goes Across the Street and Is Hit by a Car Whose Fault Is It and Can I Recover $$ for Her Injuries?
A Under certain facts the answer is yes. If your child is severely injured as a pedestrian going across the street there are a few legal concepts to understand.
1 The question of how the injury occurred is very important. For example if your child was in a crosswalk while going across the street and is severely injured by a driver you are legally in the right.
Why do I say that? Well it’s obvious. Because the crosswalk is a sort of legal safety zone. If your child is in it, the driver has a legal obligation to yield to the pedestrian.This is of course the ideal situation.
And even if you are not a minor the same legal concept applies. The driver must yield to the pedestrian in a crosswalk.
However just because your child is not in a crosswalk does not mean you cannot recover $ for serious injuries sustained by your loved one.
Why do I say this? Because even if your child crosses the street outside a crosswalk the driver may not be home free. The reason for that is because the driver still has an obligation to observe the conditions in front of him.
And if a child is running across the street outside the crosswalk and the driver sees the minor, he still has an obligation to slow down or take other evasive measures to avoid a collision.
Maybe you have such a child pedestrian case and the insurance company has denied your claim saying your child darted out onto the roadway. While that may be true, it may also be true that the driver is at fault too. And if your child was 50% or less at fault, you can still recover money for her severe pedestrian injuries.
Pittsburgh pedestrian and crosswalk attorney Bernie Tully thinks it is important to know that your minor child has additional legal protections that an adult does not have.
For example someone who is under the age of 7 is presumed not to be negligent for their actions. Additional legal protections may apply to a minor who is under 18.
If you like what you are reading and want to learn more about your rights as the parent of a minor pedestrian injured by a negligent driver, just call attorney Bernie Tully at 412-281-8700. We will answer any questions you have in a caring nonjudgmental fashion.
We are here to help you. Bernie