In 2021, pedestrian accidents in Palmdale resulted in 59 injured and fatal victims, 9 of whom were below 15 years old. It is a parent’s nightmare for their children to experience pedestrian accidents, especially if they sustain catastrophic injuries and even death. In such instances, the party liable for the crash should cover the damage expenses to help parents recover from the financial burden.
This article will help you understand child pedestrian accidents and how to protect your child’s safety and rights when involved.
Are Child Pedestrian Accidents Dangerous?
Did you know that for children ages 5 to 14, pedestrian injuries remain a leading cause of wrongful deaths? Aside from this, according to the Children’s Safety Network, an average of 67,124 children are injured while crossing the street each year, and 704 succumbed to fatal injuries.
Children are more vulnerable to pedestrian fatalities and injuries. This is because they experience cognitive, developmental, behavioral, physical, and sensory limitations that may impede their comprehension of traffic laws and associated risks.
Meanwhile, older children may be susceptible to pedestrian accidents due to several distractions, such as using their phones or headphones while walking. Unfortunately, guardians and parents also frequently overestimate their child’s ability to handle traffic.
Furthermore, young pedestrians become less noticeable at night, making it more dangerous for them to walk on intersections and roads during such times. Approximately 36% of all fatalities among children under the age of 16 happened between 3:00 p.m. and 7:00 p.m.
Parents and guardians must teach their children road safety, especially when crossing streets. They must also supervise them, mainly on dangerous roads and at night, to avoid further risks.
What Does California Law Say About Child Pedestrian Accidents?
In California, all drivers owe a duty of care to everyone, including child pedestrians, when sharing the road. So, motorists must always ensure road safety and anticipate risks, especially if children are present.
Moreover, the concept of right-of-way is critical in identifying which vehicle or road user has priority to proceed in specific scenarios where two or more paths intersect or overlap. It specifies which party must cede or defer to others and which has the legal right to proceed first.
According to California Vehicle Code 29150, vehicles must give way to pedestrians crossing the street in a designated crosswalk and an intersection’s unmarked crosswalk. On the other hand, the law obligates pedestrians to navigate street crossings safely. It explicitly prohibits pedestrians from:
- Abruptly stepping off the curb or leaving a designated safe area.
- Walking or running into the path of an approaching vehicle, thereby causing an imminent danger.
- Unnecessarily stopping on a designated crosswalk, whether marked or unmarked, or obstructing traffic flow.
Furthermore, jaywalking is also legal in California under Assembly Bill No. 2147. The Freedom to Walk Act permits a pedestrian to cross a street or intersection provided that:
- There are no apparent hazards or threats present while crossing a specific area.
- Even outside a marked crosswalk, pedestrians must still yield the right of way to vehicles.
While no specific law highlights a child’s rights when crossing a street, all the legal rules stated apply to young pedestrians. Parents and guardians must teach all California traffic laws and regulations and never allow kids under ten years old to cross the street alone to improve their safety and avoid the risk of pedestrian crashes.
What to Do If Your Child Is Injured in a Pedestrian Accident
If your child sustains injuries in a pedestrian accident in Palmdale, you must act quickly to ensure their safety and protect their rights:
- Seeking medical attention ensures our child’s injuries are treated quickly. It’s essential to have the injuries evaluated by a healthcare provider, even if they appear minor.
- Report the accident by contacting the Palmdale police department immediately.
- Take pictures of the accident scene, capturing visible injuries and property damage. You may also collect a witness’ testimony and their contact information.
- Seek legal advice from a personal injury attorney who specializes in child pedestrian accidents in Palmdale. They can assist you in protecting your child’s rights and available options for pursuing compensation.
Can I File a Claim for a Child Pedestrian Accident in Palmdale?
Generally, the party who acted negligently, resulting in the crash, should be liable for the damages. This means their insurance provider should pay the damage costs from the collision in a pedestrian accident claim. However, the victim should prove that the crash results from another party’s negligence before receiving compensation.
Negligence can be demonstrated through the following elements:
- The individual was responsible for ensuring everyone’s safety.
- They failed to fulfill this duty.
- The breach resulted in a pedestrian accident.
- The crash caused injuries or other damages.
So, if your child is injured in an accident due to a driver’s negligence, that driver should be accountable for the damage expenses.
Who is Liable for a Child Pedestrian Accident?
In a pedestrian accident in Palmdale involving an injured child, you need to first determine who the liable party is. Depending on the specific circumstances, several entities can be held responsible for a child pedestrian crash.
Driver
If a driver’s negligence directly causes an accident, the driver may be held accountable for the child’s injuries. Note that a violation may be grounds for negligence, such as such as:
- Speeding
- Distracted driving
- Failing to yield
- Drunk driving
- Drowsy driving
Suppose a speeding driver did not notice your child crossing the road immediately. Since they were speeding, they did not have ample time to react accordingly, resulting in a pedestrian collision. In this case, the driver should cover the damage expenses of the crash.
School
If a child sustains injuries in a pedestrian collision, a school might be held accountable depending on the circumstances. As such, the following scenarios can hold a school responsible:
- Negligent Supervision: The school is liable if the accident happens while the child is in the care of school personnel, such as during a field trip, school-sponsored event, or while traveling to and from school, and the staff fails to provide enough supervision for the child.
- Unsafe School Environment: The school is responsible if it fails to address hazardous conditions on school property, such as badly maintained sidewalks, insufficient signage or traffic control measures, or dangerous intersections close to the school, and these conditions lead to an accident.
- Failure to Implement Safety Policies: If a school’s failure to implement or enforce pedestrian safety policies results in a collision, such as crossing street rules, designated crossing zones, or safe routes to school programs, the school may be held accountable.
- Negligent Hiring or Training: The school may be liable for negligent hiring or training if the actions or inactions of school employees, such as bus drivers or crossing guards, bring about the accident.
Parent
In certain situations, parents may be held accountable for pedestrian accidents that result in injuries to children, such as when:
- You allowed your child to stray into traffic or participate in unsafe activities near a road.
- You let your child play in a dangerous place—like a busy street or intersection—and the child gets injured in a pedestrian accident.
- You failed to teach your kids about pedestrian safety and how to cross roads safely.
Parental liability in pedestrian accidents is contingent upon the particulars of each case and is not always the case.
Overall, it is best to seek legal advice from an experienced Palmdale pedestrian accident attorney to evaluate the circumstances and determine who the liable party is to protect the injured child’s rights in a pedestrian accident claim.
Lawyer’s Tip: If you are partially liable for a pedestrian accident, you can still file a claim to receive compensation for the damages under pure comparative negligence in California. It is best to contact a lawyer who knows how to handle such intricacies of a case.
How Can Pedestrian Accident Lawyers Help in Pedestrian Accident Claims
It is every parent’s worst fear for their children to be involved in pedestrian accidents, particularly if they suffer severe injuries or fatalities. Unfortunately, determining liability in pedestrian accidents involving children can be challenging and depends on each case’s unique facts and circumstances. Handling a case may also be frustrating, especially if you must focus on your child’s recovery and well-being.
In situations like these, hiring a Palmdale pedestrian accident attorney is crucial to ensure you receive maximum compensation and your pedestrian accident claim is handled well. They have the expertise to thoroughly examine the specifics of your accident and justify the complete scope of damages while you concentrate on your child’s health.
An adept pedestrian accident attorney can undertake the following measures to safeguard your legal rights:
- Gather ample evidence to substantiate your case effectively.
- Determine liability for the accident by identifying accountable parties.
- Assess the overall extent of damage suffered due to the incident.
- Negotiate with insurance companies on your behalf to secure fair compensation.
- Ensure compliance with legal deadlines and procedural requirements.
- Initiate legal proceedings and provide representation in court if litigation becomes necessary.
Why Choose Pedestrian Accident Attorneys from Jacoby & Meyers
Numerous personal injury law firms across California may extend their services to individuals seeking compensation for pedestrian accident cases. However, Jacoby & Meyers offers an unparalleled and highly effective legal process to safeguard your rights, making us the preferred option for accident victims.
Since 1972, Jacoby & Meyers has steadfastly defended the legal rights of those impacted by auto accidents and secured substantial settlements. Our track record speaks volumes, boasting an impressive history of settlements exceeding $2 billion.
If your child sustained injuries in a pedestrian accident in Palmdale, Jacoby & Meyers is poised to assist you. We provide free consultations for injured individuals and operate on a contingency fee basis, ensuring you pay nothing unless we secure compensation on your behalf.
Jacoby and Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Instead of relying only on our guarantees, hear what satisfied customers say about our services.
“Your work is very professional and impressive. I’m excited to tell everyone how good you all have been to me. Thank you so much, Jacoby & Meyers, especially Selene.” – Rodney C.
Frequently Asked Questions About Pedestrian Accidents
Do you have further questions regarding pedestrian accident claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Pedestrian Accidents and How to Deal with Them
- Can I File A Pedestrian Accident Claim If I’m Not In A Crosswalk?
- What Happens If You Get Hit By A Car While Jaywalking?
- What Are Your Options If An Uninsured Driver Hits You?
- What Usually Happens in a Hit-and-Run Accident?
Works Cited
“Assembly Bill No. 2147.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2147. Accessed 5 April 2024.
“California Vehicle Code 29150.” Califronia Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=11.&title=&part=&chapter=5.&article=.
“OTS Crash Rankings Results.” California office of Traffic Safety, https://www.ots.ca.gov/media-and-research/crash-rankings-results/?wpv_view_count=1327&wpv-wpcf-year=2021&wpv-wpcf-city_county=Palmdale&wpv_filter_submit=Submit. Accessed 5 April 2024.
“Pedestrian Safety.” Nationwide Children’s Hospital, https://www.nationwidechildrens.org/conditions/health-library/pedestrian-safety. Accessed 5 April 2024.
“Pedestrian Safety.” Children’s Hospital Los Angeles, https://www.chla.org/sites/default/files/atoms/files/CHLA-Injury-Prevention-KOHLS-Pedestrian-Safety.pdf. Accessed 5 April 2024.
Willmer, R. “Walking Safe: Child Pedestrian Safety.” Children’s Safety Network, https://www.childrenssafetynetwork.org/infographics/walking-safe-child-pedestrian-safety. Accessed 5 April 2024.
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