Can Children File a Claim After a Pedestrian Car Accident?

When children are injured by vehicles, it is a bit different to file a claim after a pedestrian car accident. Very young children are incapable of negligence under North Carolina law. In addition, drivers have a responsibility to keep a look out for pedestrians in residential areas or neighborhoods. In this video, North Carolina car accident attorney Gene Riddle explains pedestrian accidents involving children and who is liable.

Video Transcription

When children are involved as pedestrians and they’re hit by vehicles, there’s a little bit of a different twist to the entire scenario. The most important thing is the child’s age. If the child is a very young child, 5 or 6 years old. That child is incapable of negligence under North Carolina law. So no matter what happened, the child is not negligent. If you’re in a neighborhood or a residential area, or an area where there is a lot of people on the roads, the driver has a duty to keep a look out, a proper look out for pedestrians, particularly children if there are children in the area. For example at a bus stop. And we’ve actually handled cases where children were hurt, and hurt pretty bad at bus stops when vehicles did not stop for the bus like they’re supposed to stop. So in those cases, clearly there’s negligence on the part of the other driver and our children have nothing to do with causing the accident. Please give us a call or send us an email. We’re here. We’re ready to help. Justice Counts.