How Does the Law Handle Pedestrian Accidents Involving Children in California?

Have you or someone you know had a child who was involved in a pedestrian accident in Victorville, CA? A personal injury attorney may be able to help you understand how the law deals with pedestrian accidents involving children.

Different Standard of Care in the Case of Children 

The “standard of care” is a legal measure of how people are expected to behave based on what a reasonable person would do in similar circumstances. A pedestrian would, for example, be expected to look both ways before crossing a street or to wait for a “walk” sign at a crosswalk.

However, a different standard of care is applied to minors involved in pedestrian accidents, since children cannot be expected to have the same level of caution as an adult would because of their age, knowledge, and experience.

Driver’s Higher Duty of Care Toward Children

Every driver is assumed to have a legal duty of care toward others. This legal obligation is considered to be even higher in an area where children are likely to be, such as residential neighborhoods or school zones. This is based on the understanding that children cannot fully comprehend the rules of traffic or the dangers of moving vehicles.

California’s Comparative Negligence System

In California, courts operate under a comparative negligence system for personal injury claims, which means that both parties may share fault for the accident. If a court determines that the child is partially at fault, the child’s compensation will be reduced by the percentage of fault the court decides. This determination, however, will be influenced by the law’s view that the driver has a higher duty of care toward children and there is a lower standard of care expected of children.

Specific Laws in California Related to Pedestrian Safety

Section 21950 of the California Vehicle Code requires all drivers to yield the right of way to pedestrians crossing within unmarked or marked crosswalks at intersections. This provision states clearly that drivers are expected to be cautious in areas where people are likely to cross. Section 21963 addresses specific traffic scenarios, such as the duty to yield to blind or partially blind pedestrians. This consideration would extend to children with disabilities.

California’s Statute of Limitations for Personal Injury Cases

For personal injury claims, California generally gives two years from the date of the accident. However, this timeline is extended for minor children. Since children may not file a claim themselves until they are 18, the two-year statute of limitations begins from their 18th birthday.

Consult with a Personal Injury Attorney in Victorville, CA

If a child is injured in a pedestrian accident, it is wise for the parents or guardians to get help from a personal injury attorney familiar with this area of law. They can explain the law regarding these situations and advise you as to your options in seeking compensation for your child’s injury, whether filing a claim is your best option or filing a lawsuit.

If you have questions or need help regarding a pedestrian accident involving a child, reach out to the Law Offices of Vondra & Hanna in Victorville, CA.

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