Many children in Florida love playing outside. They may play at parks, in their neighborhoods or at schools. Unfortunately, this means that the potential is there for a motorist to strike a child, causing injuries or even fatalities. In fact, one source reports that children ages five through nine are most likely to be struck by an automobile. Therefore, motorists have a heightened duty of care when driving where children are present.
Due to their smaller size, it can be difficult to see a child playing in the street or on the sidewalk. Also, children — especially young children — might dart out into traffic or act in other unanticipated ways. Therefore, motorists are obligated to exercise a heightened duty of care when driving in areas where they are aware or should be aware that children may be present. Some of these areas may include neighborhoods, parks and school zones.
Despite this, not every motorist will drive with due care and will hit a child. A child could be seriously injured or even killed if they are run over by a car. When this happens, the motorist may be held liable for the accident through a personal injury lawsuit. Parents may want to seek compensation for medical expenses, pain and suffering and funeral costs if their child passed away.
Parents in St. Augustine would understandably be devastated if their child is injured or killed after being hit by a car while playing outside. While no amount of money can truly compensate a parent for losing a child, a personal injury lawsuit may be one way to hold a negligent driver accountable for their actions.
Source: FindLaw, “Pedestrian Accidents Overview,” accessed March 11, 2018
