Who is responsible in a car accident where a child was hit by car?
10 attorney answers
I am sorry to hear that. I hope that she is okay. First step is to talk to an experienced local injury lawyer. I've handled cases like this in Arizona. The insurance company is simply trying to avoid paying anything for the claim.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
You should know that generally a child 0-7 is conclusively incapable of negligence and that from 7-14 a child is presumed incapable of negligence, but that presumption is rebuttable. As the other attorneys have said,...YOU NEED TO CONTACT AN EXPERIENCED PERSONAL INJURY ATTORNEY ASAP
You are responsible for the safety of your child. That being said, you are doing yourself and your child a huge disservice by attempting to pursue compensation without the legal direction and advocacy of an experienced personal injury attorney. Take a free consultation with a community respected attorney and give your daughter the best chance at making a full recovery from the incident.
I am so sorry to hear that this happened to your child. It's not clear from your post who told you that your child is at fault for the accident, but it sounds like it would be in your family's best interests to at least discuss the matter with an attorney. Insurance companies are more interested in their own profits than in protecting people who get hurt (they are businesses, after all), so if it's the insurance company that told you this, it's unfortunately not surprising (and it may not be true). A skilled lawyer with experience handling pedestrian accidents can investigate the accident to determine the real cause, protect your daughter's legal rights, and fight for whatever compensation your family deserves. (I'm including a link to more information about pedestrian accidents and Pennsylvania pedestrian laws, in case you're interested.) The sooner you start this process, the better, so that a lawyer can investigate the accident while evidence, like any witness's statement, is still fresh. (Technically minors typically have an extended length of time to file a lawsuit compared to adult victims, but the longer you wait, the less fresh evidence your daughter's attorneys will have to work with.) I hope that you have already gotten your daughter the medical care she needs, but make sure you are continuing to follow up on her treatments as needed. To get started, you can use the Find a Lawyer tool here on Avvo to look for an attorney with a high rating and experience handling pedestrian auto accident claims in Pennsylvania. Best of luck to your family getting through this trying situation.
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I would suggest you contact an attorney who specializes in personal injury claims. I agree that you should not offer any type of statements or information to the insurance company without consulting with an attorney. Document all medical treatment and injuries, including pictures. Comparative negligence is a concept that should be explained by an attorney, not an insurance company, who is only looking out for their bottom line. Best of luck and Speedy Recovery to your daughter!
Consult local personal injury counsel who will fight for your child's rights and get her compensation.
Pennsylvania is a comparative negligence State See; § 7102. Comparative negligence. so the person telling you about the 51% sounds like an insurance adjuster who is citing the law but may be taking liberties with the facts.
You need to speak to an experienced personal injury lawyer right NOW. Find a good one on AVVO using the search tool for the Reading area-get a legal opinion immediately. It will be free. Take photos of your daughter's injuries if possible. Do not give any statements to any insurance company until you have a lawyer advising you. Speedy recovery to your child.
Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law. Order your free PA Accident Book at www.WorthingtonLawGroup.com
If an insurance company told you that you are 51% responsible, hire an attorney. An insurance company will not provide you fair value if you try and deal with them on your own. If a jury, judge or arbitration panel said that then they believed the other driver over the testimony you or your child gave.
DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.
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