Thousands of pedestrians are injured or killed each year in pedestrian-vehicle accidents. Unfortunately, some of these victims are children that suffer even greater injury. Unlike their full-size counterparts, child pedestrians are often less visible and more unpredictable to drivers. It is important for drivers to understand the significance of their duty of care when it comes to driving in areas where children are present.
Practically every driver understands what duty of care means. It is essentially an individual's obligation to behave in a responsible manner when behind the wheel. This duty of care is generally shared between pedestrians and drivers in the context of automobile accidents. However, when it comes to children, a driver's duty of care is modified to reflect a child's inability to exercise their own responsibility and safety.
Typically, after a pedestrian-vehicle accident, each party's duty of care distributes the responsibility equally. This means that drivers, as well as pedestrians, are responsible for behaving is a safe and cautious manner. In the event either party is found to have neglected their responsibilities, they may be found negligent, which could also impact their ability to recover damages in a lawsuit. In areas where children are present, such as parks, residential areas and school zones, caution signs are set up to remind drivers of their special duty of care.
Drivers should show care and caution whenever they are behind the wheel, but their duty of care is amplified when children are present. Unfortunately, this obligation does not always prevent all child pedestrian-vehicle accidents. When drivers neglect their responsibility to operate a vehicle in a safe way, accidents happen. Parents that have suffered the loss or injury of a child due to a driver's negligence may benefit by speaking with an experienced personal injury attorney.
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