Pedestrian Accidents Involving Children

Why Child Cases Are Different

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Legal Standards
- Children held to lower standard of care
- "What would a reasonable child do?"
- Age and experience considered
- Very young children may have no contributory fault

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Higher Driver Duty
- Drivers must anticipate children
- Extra caution in:
- School zones
- Residential areas
- Parks and playgrounds
- Ice cream truck areas

Common Scenarios

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School Zone Accidents
- Crossing to/from school
- School bus loading zones
- Crossing guard present
- Before/after school activities

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Neighborhood Accidents
- Playing in residential streets
- Darting from between cars
- Chasing balls or toys
- Riding bikes on sidewalks

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Parking Lot Accidents
- Shopping centers
- School parking lots
- Events and activities
- Backing accidents

Special Damages Considerations

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Future Medical Care
- Growing bones may need multiple surgeries
- Psychological effects during development
- Lifetime of care for serious injuries

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Educational Impact
- Special education needs
- Tutoring during recovery
- Delayed development
- College planning adjustments

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Future Lost Earnings
- Career potential affected
- Lifetime earning capacity
- Earlier retirement age

Legal Process Differences

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Court Approval Required
- Settlement must be approved by judge
- Guardian ad litem may be appointed
- Funds often held in trust

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Statute of Limitations
- Usually tolled until age 18
- Time to file starts at adulthood
- Varies by state

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Who Can Sue
- Parent or guardian files suit
- Lawsuit in child's name
- Parent may have separate claim for:
- Medical expenses paid
- Loss of child's services

Protecting the Settlement

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Structured Settlements
- Payments over time
- Protected from misuse
- Tax advantages

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Trust Accounts
- Court-supervised
- Professional management
- Disbursed at adulthood