Q: My child was hit by a car while darting into the street. Am I at fault? Can I still pursue a claim against the driver?

A: Protecting a child in your care is your responsibility to a degree. But if your child was hit by a motorist who could have avoided doing so had he exercised reasonable care and reasonable precautions, a claim still exists against the driver.

For example, somebody might be driving their car at the posted speed limit and still be liable for an accident if they didn’t slow down as soon as they saw a young child riding erratically on a bike ahead. The argument would be that any normally cautious person would slow down in that kind of a situation.When a child is hit by a car, who bears the responsibility?

If the child was hit by car while acting in way that would make it impossible for someone driving in a normal, cautious manner to avoid a collision, a judge or jury might find that the pedestrian caused or contributed to the accident.

Even if the driver was going five or ten miles over the speed limit, but the child jumped out so close to the car that the driver could not have avoided the collision at any speed, the driver will likely still not be held fully liable. Both parties could be held at fault to different degrees.

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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