The parents of a minor child can pursue a claim or lawsuit to recover compensation for injuries that their child may have sustained in a pedestrian accident.
What Should I Do If My Child Is Involved In An Accident?
If your child is involved in a pedestrian accident of any sort (with a bicyclist, car, or any other circumstance), your first reaction will be to swarm to the scene and scoop up him or her. This is only natural. Although, during that time and immediately right after it, there are some other things you need to do in order to protect your child’s rights. First, survey the scene and note some things: who was there; how did the event unfold; what was the weather like; what was the ground like; was there any property damage; what equipment or items were involved; did the other person seem intoxicated or impaired; and how was your child affected. Next, take your child to a doctor. Medical attention will help prevent his or her injuries from worsening. Also, it will seal the injuries he or she did sustain into a record that can be used to prosecute a civil claim in the future. Finally, contact a lawyer. An attorney can begin the many tasks required in the run-up to a lawsuit including investigation, analysis, and correspondence. This will let you take care of your child.
When Must My Child’s Suit Be Brought By?
California gives victims of personal injuries two years to bring suit against the offender for the damages that were caused by the pedestrian accident. This answer is complicated though when the victim is a child. Like other states, California affords them more time because they are not in a strong position to assert their rights following an injury. Therefore, to compensate for this fact, children are given an extra two years. They are allowed to bring an action until they turn twenty. This might sound like a lot of time but it can seem like less once you grasp all that needs to be done to sue someone. To hear about what cases require in detail, contact our offices.
Can My Child Be Held Responsible For The Pedestrian Accident?
California law generally holds that a children under five years of age are incapable of comparable fault. Thus, even if they had a part in the accident, that won’t preclude them from bringing a suit for damages. In the cases involving children over five, the law looks at how a similarly aged child would act in that circumstances. If the conduct is viewed as reasonable when analyzed comparatively, then the kid can still bring suit. If it is viewed as unreasonable, then he or she might be barred from bringing suit or be unable to recover for the full extent of his or her damages. Given the unpredictable nature of children, drivers who see children in the vicinity need to exercise a heightened level of care to avoid hitting them.
Do You Have Additional Questions About An California Pedestrian Accident Cases?
Jimmie Kang Law Firm can sit down with your family if your child was injured in a pedestrian accident in California. We pledge to working nonstop until they get the entire recovery that they deserve. Also, we can do this on a contingency fee basis where you only get charged if you are happy with the results. To learn more about how you can help your child, call Jimmie Kang Law Firm today.
- Distracted Drivers
- Drunk Driving
- Hit and Run
- Crosswalk Accidents
- Pedestrian Accident FAQ
- Wrongful Death
- Brain Injury
- Back and Neck
Motor Vehicle Crashes
- Car Crashes
- Semi-Truck Accidents
- Bus Accidents
- Uninsured Motorists
- Parking Lot Accidents
- Van Accidents
For additional information see the following pages:
- Are There any California Laws to Protect Pedestrians in Crosswalks?
- I was Told That I was Partially at Fault for my Accident. Can I Still Pursue a Claim for my Injuries?
- Can I Pursue a Bicyclist That Hit me to Recover Compensation for my Injuries if I was Jogging on a Marked Bike Path?
- Can I File a Wrongful Death Lawsuit if my Family Member was Killed in a Pedestrian Accident?
- Do California Drivers owe Pedestrians any Special Duties of Care Under California Law?
- California Pedestrian Accident FAQ’s