Regardless of what it is called, the best hope for litigation success when a child is hit by a car is a prompt and thorough investigation of the accident scene. The vital factors include the type of neighborhood where the accident happened, the length of time the child was visible to the motorist, and the age of the child. It is important to photograph the scene of the accident shortly after it occurs, if the photos will help to prove that the area was one in which children are likely to be present. Nearby playgrounds, schools, or shops that cater to children should be photographed since these put the motorist on notice that cautious driving is required. Traffic signs that warn motorists to watch for children must be photographed for the same reason.
If it can be proven that the child was visible to the motorist for more than a second or two, the chances for success in this litigation are greatly improved. The adult motorist is presumed to have the capacity to take steps to protect the safety of the child and must take them promptly in order to avoid responsibility on this claim. Children are often presumed incapable of negligence due to their tender years. The younger the child is, the stronger this presumption generally becomes.
For a blog about children’s injuries.