Free Consultation: 800-937-8443

Free Consultation: 800-937-8443

Who Is at Fault If a Child Runs into the Road and Is Hit by a Car in Kentucky?

The prospect of a child being hit by a car is extremely scary. Yet, many pedestrian accidents occur when children run out into the road. According to data from the Children’s Safety Network, around 600 children suffer fatal injuries in pedestrian accidents every year.

In Kentucky, every pedestrian faces a significant danger of sustaining severe injuries in an accident. Unfortunately, children are even more susceptible to harm for a variety of different reasons. There is an added level of risk when a child is involved in one of these unfortunate accidents, but another layer involves figuring out who is responsible for taking care of the child’s injuries.

Experienced Legal Support From Compassionate Kentucky Pedestrian Accident Lawyers

Obviously, no parent wants to be in a situation where their child is injured, and certainly not in cases where their child is injured in a pedestrian accident. At the same time, these accidents occur regularly throughout Kentucky. When this happens, it’s vital that you take steps to get compensation for your child’s injuries so they can recover.

At Kaufman & Stigger, PLLC, our team of experienced and compassionate Kentucky pedestrian accident lawyers knows how to approach these cases and ensure that the physical and emotional well-being of your child is taken care of. Don’t wait to get the assistance you and your child needs, contact us today for a free consultation.

Why Are Children More Vulnerable in Kentucky Pedestrian Accidents?

No matter who is involved, pedestrian accidents in Kentucky are extremely costly and unfortunate. Not only that, but they are influenced by various factors, with the most significant factor being the high vulnerability to injuries. The reasons for this vulnerability are pretty clear; Children lack sufficient protection when confronted with a moving vehicle.

However, when the pedestrian is involved with a child, these factors and vulnerability are multiplied. In order to better understand these vulnerabilities, it’s important to take stock of what they are. They include:

  • Size and visibility – Children are smaller and can be harder for drivers to see, especially in low-light or busy areas.
  • Lack of judgment and experience – Children may not fully understand traffic situations or make good decisions about crossing roads safely.
  • Impulsivity and unpredictability – Children may act suddenly or impulsively, making it difficult for drivers to react in time.
  • Limited knowledge of traffic rules – Children may not know or fully understand traffic signs and signals.
  • Physical limitations – Children may have slower reactions and difficulty moving quickly to avoid accidents.

To keep children safe, it’s important for adults to stay alert, teach them about road safety, and accompany them in traffic areas. Improving infrastructure and enforcing traffic laws can also help protect child Children in Kentucky. With that said, these accidents frequently involve serious injuries that you and your child will have to deal with, often for a long time after the initial accident.

What Are Some of the Major Types of Injuries in Kentucky Child Pedestrian Accidents?

It’s no surprise that child pedestrian accidents involving vehicles often lead to severe injuries for the children involved. The combination of a fast-moving, heavy vehicle against an unprotected person that’s smaller and weaker can result in a range of potential injuries, including:

  • Head injuries – Children struck by a car can suffer from traumatic brain injuries (TBIs), concussions, and other head injuries.
  • Spinal cord injuries – Impact to the back or neck area can cause spinal cord injuries, potentially resulting in paralysis or long-term disabilities.
  • Broken bones – Fractured arms, legs, and hips are common injuries among children involved in accidents.
  • Internal injuries – Pedestrian accidents can cause internal injuries to the child’s organs like the liver, spleen, or kidneys.
  • Cuts and bruises – Children thrown to the pavement during an accident often sustain cuts, bruises, and abrasions.
  • Emotional trauma – Pedestrian accidents can also lead to emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD) that can stay with the child as they age and grow.
  • Fatal injuries – In the most severe cases, pedestrian accidents can result in the death of the child.

If your child is injured in a pedestrian accident, it’s extremely important to immediately seek medical attention. It’s also important to gather any information you can about the person responsible for the accident and document any evidence, photographs or videos. This will be valuable for any legal actions you may be able to take.

Kentucky Law and Child Pedestrian Accidents

In general, the law in Kentucky holds that both drivers and pedestrians have an equal duty of care when out on the road. This means that drivers need to do everything they can to protect themselves and others by driving in a safe, reasonable manner.

Pedestrians also have a duty to keep others safe, which means following traffic signals and only crossing roads and streets at designated crosswalk areas. However, when a child is involved, it complicates things a little bit.  For one, a child pedestrian isn’t expected to understand how to follow traffic lights or cross roads and streets only at crosswalks. While they may inherently understand the danger of running out in front of a car, they still can act unpredictably.

Who is at fault?

Thus, when determining liability for an accident that injures a child pedestrian, it ultimately falls on the person that acted negligently. For drivers, they could be at fault if they:

  • Exceed the posted speed limit.
  • Drive at an excessive speed considering the weather conditions.
  • Neglect to yield the right of way.
  • Ignore traffic signs or disregard traffic rules.
  • Engage in reckless driving behavior.
  • Drive their vehicle while under the influence.
  • Were distracted while driving.

For other pedestrians that are responsible for watching the child that ran out into the road, they also have the same standard: protect the safety of everyone involved, including drivers. Legally, they could contribute fault to the accident by:

  • Not paying close attention to the child
  • Trying to cross the road with the child outside of a crosswalk
  • Disregarding crosswalk signals or other traffic signs
  • Texting or otherwise being distracted
  • Walking while under the influence of drugs or while intoxicated.
  • Not using sidewalks or other pedestrian infrastructure

In legal terms, this concept is known as “comparative negligence.” Comparative negligence holds that whatever percentage of fault the injured person contributed to the accident is deducted from the potential recovery of a claim. In cases where a child is injured, this fault is transferred onto the person that is responsible for them at the time of the accident.

Damages Available in a Kentucky Child Pedestrian Accident

For a child that’s injured in a Kentucky pedestrian accident, the injuries and damages are usually extensive and carry over as they continue to grow and develop. Thus, it’s a good idea to get help from experienced lawyers who can assist you with the legal process. In these cases, as with others, there are generally three ways to pursue a claim:

  • Filing an insurance claim
  • Filing a personal injury lawsuit
  • Assisting surviving family members in filing a wrongful death lawsuit

These claims allow you or your child to seek compensation from the at-fault party’s insurance company for things like:

  • Medical bills, both present and future.
  • Lost earnings, both present and future.
  • Permanent disfigurement or disability.
  • Pain and suffering.
  • Loss of enjoyment in life.
  • Funeral and burial costs, as well as other damages in the case of a fatal injury.

Work With Experienced Kentucky Pedestrian Accident Lawyers

When you or your child are injured in a Kentucky pedestrian accident, it’s important to act quickly. Not only can this help with short-term challenges like medical bills and other costs, it’s also important for your child’s long-term recovery.

At Kaufman & Stigger, PLLC, our team of experienced and dedicated Kentucky pedestrian accident lawyers can help you and your child get the treatment and compensation that your case deserves. Regardless of what caused the accident, we can help you and your child focus on their recovery. To schedule your free, no-obligation consultation, contact us today.

Kaufman & Stigger, PLLC | Who Is at Fault If a Child Runs into the Road and Is Hit by a Car in Kentucky? - KSL_A_RT_Flat_White-(1)
Kaufman & Stigger, PLLC | Who Is at Fault If a Child Runs into the Road and Is Hit by a Car in Kentucky? - No Fee Unless We Win

With the NO FEE PROMISE, you never pay us a fee unless we win or settle your case Call us for a free consultation.

This field is for validation purposes and should be left unchanged.