The Rights of Child Pedestrian Accident Victims in Georgia


January 17, 2016

In the year 2013, close to 5,000 pedestrians tragically died in traffic accidents nationwide, as reported by the National Highway Traffic Safety Administration. Children are particularly at risk of pedestrian accidents due to their small size and propensity to run near traffic. In fact, across Georgia and the Southeast, they often sustain serious injuries or even die as they attempt to cross or play too close to the street. Some children are even hit by vehicles in driveways or parking lots.

The Georgia pedestrian accident attorneys at Montlick and Associates, Attorneys at Law, have represented many children hit by cars or other vehicles, but we do not like seeing pedestrian accidents involving Georgia children. The following is a look at some important information concerning the rights and remedies of child pedestrian accident victims.

Common Sites for Child Pedestrian Accidents

Children can become the victims of pedestrian accidents nearly anywhere, but there are some common locations that tend to be the sites of these accidents. Bus stops are one such dangerous locale, where children will often congregate while waiting for the bus to pick them up.  They might even play at bus stops once they are dropped off. These areas are dangerous because children can become distracted and play too close to the road. Further, cars might unwittingly collide with a child as they pass by.

Parking lots are another danger zone for young children. Drivers are often unable to see small children due to their height. Parked cars and curves make it even more difficult to see a darting child and drivers might also be distracted in their search for a parking spot. 

Liability for a Car Accident

If your child has been struck by an at-fault driver, the he or she should be held liable for your child's injuries. However, the driver must have at least acted negligently in injuring your child in order for your child to obtain a recovery. There are four essential elements that must be established to substantiate a case on behalf of an injured child.

They are:

1. Duty—the driver had a duty to exercise reasonable care around the child and other pedestrians;
2. Breach of duty—the driver failed to meet a reasonable standard of care in fulfilling that duty;
3. Causation—this breach of duty resulted in harm to your child;
4. Damages—your child suffered physical and economic damages as a result of the accident.

All drivers have a duty to obey basic traffic laws and be on alert for pedestrians, so the first element is easy to prove. The second element will turn on the driver's conduct. If the driver was distracted, failed to observe a stop sign, was driving intoxicated, or any like behavior, he or she will likely be found at least to be negligent.

Montlick and Associates, Attorneys at Law: Put Our Over 30 Years of Experience to Work on Your Pedestrian Accident Case!

The Georgia Pedestrian Accident Attorneys at Montlick and Associates, Attorneys at Law, assist injured accident victims of all ages across Georgia and in the Southeast. Our firm has over 30 years of experience and we strive to provide you with legal services of unmatched excellence. The sooner you act after your accident, the greater your chances of obtaining a full recovery. As such, it is important that you seek the assistance of a licensed lawyer as soon as possible. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Source:
http://www.nhtsa.gov/Pedestrians

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.