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Pedestrian Accidents Involving Children in Florida

crosswalkChild injuries can be difficult for any parent to handle. Pedestrian accidents involving children can lead to devastating harm. At our Law Offices, our seasoned Miami pedestrian accident attorneys are committed to helping our clients understand their rights and options after an accident. You can rest assured that we can help you in your time of need and make sure you get the compensation you deserve.

The National Highway Traffic Safety Administration estimates that almost one in every five traffic deaths of children under the age of 16 take place while the child is a pedestrian. In fact, pedestrian accidents are one of the leading causes of death for children in the country. In 2015, there were a total of 5,376 total fatalities related to pedestrian accidents, of which 233 deaths were child pedestrians. In Florida, there were 476 pedestrian fatalities in 2013, accounting for 20 percent of the total pedestrian fatalities in the United States.

Driving is a privilege rather than a right. As a result, drivers owe a duty of care to other cars, bicyclists, and pedestrians on the road. Drivers must be particularly careful behind the wheel in residential neighborhoods, school zones, parks, parking lots, shopping areas, and other areas where they know children may be present. Of course, sometimes children unexpectedly dart onto the road. However, this does not mean you don’t have a claim. Children are not held to the same standard as adults, so each case will be analyzed on an individual basis.

If your child was injured in a pedestrian accident caused by a driver’s negligence, you could potentially take legal action by filing a personal injury claim against the at-fault party. Negligence occurs when a motorist causes injuries or death by failing to use reasonable care behind the wheel. Reasonable care is defined as how a prudent person would have acted in the same or a similar situation. It is not enough to show that the motorist failed to use reasonable care; the plaintiff must also show that the motorist’s failure was a direct cause of the pedestrian accident and the child’s resulting harm.  Negligence can also take place through an omission; this is a failure to act when there is a duty to do so.

Once negligence is established, you may be able to recover a variety of damages, including medical expenses, lost wages, pain and suffering, property damage, and any other damages arising from the crash. In cases in which the accident results in death, you will be able to pursue wrongful death damages as well. Of course, compensation will vary depending on the extent of the damages suffered.

If your child has been injured in a pedestrian accident, you may be able to recover the compensation you need to deal with your injuries. At our Law Offices, our skilled Miami pedestrian accident attorneys are committed to holding negligent parties accountable for the harm that they cause. We can advise you as to both the liability aspect of the case as well as which costs should be covered. We are here to answer your questions at every step of the way. For more information, call us at 1-877-499-HURT (4878) or contact us online today.

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