What Can I Do if My Child Is Hit by a Car?

If your child is hit by a car, you may be at a loss for what you do. Know that you have legal options. You may be able to recover compensation from the driver of the vehicle or another involved party. Our team can help you recover the compensation you need for your child’s medical bills and any other related losses.

A Personal Injury Lawyer Can Protect Your Child’s Rights

According to National Highway Traffic Safety Administration (NHTSA) research, four percent (245) of all pedestrian fatalities in 2016 were children. Fourteen percent of children were hit by a driver who fled the scene.

As a car or pedestrian accident victim, your child has rights. As their parent, you can hold the at-fault driver financially liable for their negligence. A personal injury lawyer can help you:

  • Identify the at-fault driver
  • Prove their negligent action
  • Assign a value to your child’s case
  • Negotiate an appropriate settlement

Your lawyer will also represent you and your child in court if that is the best course of action. They will also ensure your child’s case is filed in accordance with your state’s statute of limitations.

Your Child’s Age Can Determine the Time They Have to Seek Recovery

Every state in the U.S. imposes a statute of limitations on all personal injury cases. It defines the general amount of time an injured party has to file a lawsuit against an at-fault or negligent party. If your child is a minor at the time of the accident, the typical statute of limitations may not apply immediately.

The filing deadline is complicated and can be affected by your child’s age, the outcome of the accident, and several other factors. The best way to understand its complexities is to consult a personal injury lawyer who can clarify the filing deadline and ensure timely compliance.

If the allotted time expires, you could lose the right to recovery from the at-fault driver. A personal injury lawyer can help you avoid this costly consequence and ensure your child does not run out of time to pursue the negligent driver.

Our Team Can Establish the Other Party’s Negligence Caused Your Child’s Injuries

You and your child are entitled to monetary recovery if a driver’s negligence caused the accident and your child’s injuries. Vehicle drivers must exercise caution and proceed with care when sharing roads with other drivers and when approaching pedestrians in and out of intersections.

A personal injury lawyer will establish negligence in your child’s case by proving the at-fault driver:

  • Owed your child a duty of reasonable care
  • Failed to provide it
  • Caused their injuries
  • Caused their financial consequences

Some commonly reported causes of negligence-based car accidents include:

  • Driving under the influence of drugs or alcohol
  • Distracted or fatigued driving
  • Speeding or driving too fast for conditions
  • Reckless or aggressive driving

Failure to obey traffic signs and signals, road and weather conditions, and vehicle defects can also cause accidents. The police report, witness statements, and video surveillance footage can help identify the cause of the accident that injured your son or daughter.

Recoverable Damages You Can Request for Your Child

Children injured in car accidents can seek recovery for any costs associated with the accident. The injuries they sustain can range from broken bones and debilitating back and neck injuries to catastrophic brain and spinal cord injuries.

Depending on the extent of their injuries, your child may suffer long-term physical, cognitive, and emotional effects. Their monetary recovery can include:

  • Current and future medical bills
  • Therapeutic care throughout their recovery
  • Loss of future earning capacity
  • Loss of enjoyment of life
  • Ongoing pain and suffering
  • Mental and emotional anguish

If your child is a working minor, they can also recover damages for lost wages. This might include part-time, weekend, or gig-economy employment. The lawyer who represents your child will assess the value of their recoverable damages.

You may also be entitled to compensation for any work you missed caring for your child.

What to Do After Your Child Is Hit by a Car

There are a few things you can do after your child is hit by a car to protect their safety and promote their recovery:

  • Do your best to remain calm.
  • Check for injuries. Do not move your child if you can avoid it. Moving them may worsen a spinal cord injury.
  • Call 9-1-1 for emergency medical assistance.
  • Get the other driver’s information.
  • Ask any witnesses to remain on the scene until the police arrive.
  • Call our team to protect your rights.

Contact a D. Miller & Associates, PLLC™ Team Member Today

One of the first things you can do if your child is hit by a car is hire a personal injury lawyer to represent their best interests. Find out how we can help you fight for your child’s financial recovery by calling 1 (855) PRO-LAWYERS today.