As every parent in Florida knows, children have very little self-control. If they see something that catches their attention, they instantly dart over to look at it. This is fine in a controlled environment like a house or a school. But near a city street in say, Fort Lauderdale, it can have devastating results.
Sadly, children are often in greater danger than adults when walking around Florida’s towns, cities, and rural areas. Young children have little sense of danger and a limited understanding of traffic rules. Even older children can be at high risk due to their smaller size.
Child pedestrian accidents are often the result of a combination of unfortunate factors. Regardless of the reason, though, when a pedestrian accident involves a child, the consequences are harrowing.
According to the Florida Highway Safety and Motor Vehicles (FLHSMV) Crash Facts Report from 2023, the state had 11,560 pedestrian accidents in 2023. Only a little over 2,000 of these accidents resulted in no injuries. More than 2,300 were fatal or caused incapacitating injuries.
Compare these statistics to the car accident statistics cited in the same report. Of roughly 650,000 car accidents, almost 500,000 resulted in no injuries. Just around 9,000 resulted in fatal or incapacitating injuries. This means that a pedestrian accident in Florida is nearly 15 times more likely to be serious or fatal than a car accident.
Child pedestrian accidents are disturbingly common in Florida. This doesn’t mean that drivers in the state are especially reckless or that they don’t care about children’s safety. Florida child pedestrian accidents are caused by several compounding factors.
Until their late teens, children are typically shorter and lighter than adults. This means that they are more difficult for drivers to see, especially from SUVs and trucks with high hoods.
This problem of size is particularly relevant when a driver is backing up. Many children are all but invisible when a driver looks in their mirrors or even looks over their shoulder. They just have too small a profile.
Furthermore, children often don’t understand the danger of blind spots. Many children may think it is safe to walk or play behind a car because cars move forward. Even the lights that turn on before a car backs up are unlikely to be recognized by someone who can’t drive.
Because Florida has warm weather throughout the year, many children walk to and from school. This means that children are walking along sidewalks and crossing roads relatively early in the morning when many drivers aren’t fully awake. A tired driver could easily hit a kid while backing out of their driveway early in the morning.
Unfortunately, not all roads in Florida have sidewalks. Pedestrians in many areas have to walk along the side of the road. This is already more dangerous than walking on a sidewalk. Add a child to the mix, and you get child pedestrian accidents.
Jaywalking is not an activity that is exclusive to children. Adult pedestrians cross roads outside of crosswalks all the time. However, they tend to be a little more careful when they do so. Children are more likely to dart across a road with little warning. If a passing driver isn’t aware of their surroundings, this can result in tragedy.
Liability for a child pedestrian accident is complicated, but it is also very important for anyone considering a civil lawsuit. Children exist in a bit of a gray area as far as the law is concerned.
Suppose that an adult does something reckless, like negligently dash across a road, and is hit by a car. A jury might determine that the adult is partially or fully responsible for their accident and should not get compensation; according to Florida law, a person must be no more than 50% responsible for their injuries to get compensation.
You might think that the same laws apply to children. In some ways, they do. However, the law treats personal injury cases involving children a little differently. This is because children under a certain age are not considered responsible for their actions.
For example, a 16-year-old with a learner’s permit should know that it’s dangerous to jaywalk or to walk behind a car that is backing up. However, a five-year-old is not held to the same standard. They are just too young to be held responsible for their actions.
But where is the line drawn? Florida state law doesn’t cite specific ages or behaviors. Instead, it leaves the decision up to a jury, should a lawsuit be filed. If the defendant in a child pedestrian accident case tries to claim that the child was partially responsible, they must show evidence the child was capable of making adult decisions.
Parental behavior also plays a part when it comes to liability for child pedestrian accidents.
“If the child wasn’t old enough to be responsible for their actions,” a defendant might argue, “shouldn’t their parent be watching them at all times?”
As any parent knows, that is an impossible standard. Parents are expected to take reasonable actions to protect their children, but that doesn’t mean they need to take extraordinary action. No reasonable parent would chain a child up, for example, to ensure they never get anywhere near a roadway.
Thus, the negligence standard applies. If a parent’s negligence allowed a child to end up in a pedestrian accident, the parent might be partially responsible for their child’s injuries.
However, not all child pedestrian accidents are caused by parental negligence. Suppose that a parent looks away briefly and their child darts onto a road. A jury is unlikely to conclude that the parent acted negligently.
Florida law allows parents to seek compensation when their children have been injured.
If your child was hit by a car, you can file an insurance claim or a personal injury lawsuit. In your claim, you might ask for compensation for the following losses:
Child pedestrian accidents are all different, so consult with an experienced Fort Lauderdale personal injury attorney to determine what types of compensation you and your child may be eligible for.
As the child’s parent, you should receive compensation for the medical expenses you’ve incurred and the income you’ve lost. However, any financial award or settlement designed to recompense your child directly should be placed in an account that they can access once they become an adult.
Unfortunately, there is no way to keep your children from getting injured. However, you can take steps to limit the likelihood that they will end up in child pedestrian accidents.
While you can’t make your child taller or heavier, you can make them stand out. When you dress your child in bright colors, drivers are more likely to see them.
You should also attach reflectors to outdoor clothing like jackets and sneakers. Drivers are conditioned to notice lights while driving and are more likely to see your child if they’re wearing reflective clothing.
The sooner you start teaching your child about how to safely walk near cars, the less likely they are to get hurt. This information might not stick the first time, but the more often you emphasize these safety tips, the more likely your child is to retain them.
This tip is particularly important if your child walks to and from school. A group of children is much more visible than a single child. Also, when children are in a group, one child is a little less likely to run off on their own and get lost.
This is good advice even for adults who don’t have children. Walking along a road that doesn’t have a sidewalk is dangerous. Even walking on a wide shoulder isn’t particularly safe. It is much better to plan a route that involves only roads with sidewalks, even if this adds a few minutes to your trip.
At Schilling & Silvers Personal Injury and Car Accident Lawyers, we are committed to helping people in Fort Lauderdale who have been the victim of any type of accident. Our experienced personal injury lawyers are familiar with Florida laws and will work hard to win you and your family the full compensation that the law allows.
If your child has been seriously injured in a pedestrian accident in Fort Lauderdale, Florida, don’t wait to take legal action. Call 954.712.8877 to speak with a member of our legal team or fill out the form on our website to schedule a free consultation with compassionate and skilled pedestrian accident attorneys.
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Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
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2300 W 84th St Ste 213
Hialeah, FL 33016
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