Pedestrian Accidents Involving Children

Car Crash Lawyers Representing Victims in the Wheaton and Schaumburg Areas

When a motor vehicle strikes a child, everything can change in an instant. Pedestrian accidents involving children can lead to devastating, even deadly consequences. At Therman Law Offices, our Wheaton and Schaumburg pedestrian accident attorneys are compassionate and committed to helping families obtain the justice and compensation that they deserve for a child’s harm. While no amount of compensation can undo the harm that your child has suffered, it can help pay for the expenses that often pile up after this tragic incident.

Children are at a higher risk of being struck by a vehicle than an adult. Their lower stature and overall smaller physical profile makes them less visible. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian traffic accidents are the fifth-leading cause of death for people between the ages of five and 19. In fact, the NHTSA estimates that nearly one in every five traffic deaths of children under the age of 16 occur while the child is a pedestrian. NHTSA data also reveal that about 516 children and teen pedestrians were killed and another 22,000 were injured in 2011. In Illinois, about 4,323 people were injured and 126 were killed in pedestrian accidents in 2014. Many of these victims were children and teenagers.

If your child has been struck by a vehicle, either at a crosswalk or at a non-crosswalk location, you may be entitled to compensation for your harm. Drivers have a duty of care while operating their vehicles that extends not only to other cars on the road but also to pedestrians. Drivers should take special care to watch for children, especially in residential neighborhoods, school zones, parks, and shopping areas. When a driver’s error or wrongdoing causes injuries to a child pedestrian, that driver may be liable for negligence. Negligence occurs when a person causes injuries or death by failing to use the level of care and caution that a reasonably prudent person in the same situation would have used. It is important to note that the burden of proof in every negligence case is on the plaintiff and their attorney, who must establish the following elements by a preponderance of the evidence:

• The motorist owed the child pedestrian a duty of care;
• The defendant breached the duty of care owed to the child pedestrian; and
• The defendant’s breach was a direct cause of the accident.

Pedestrian accidents involving children can lead to serious and life-long injuries, such as traumatic brain injuries, spinal cord injuries, internal injuries, broken bones, and amputations. These injuries can interfere with almost every aspect of a child’s life. In the most devastating cases, these injuries can lead to death.

We understand how concerning it can be to worry about your child’s injuries and the expenses associated with them. We can help you pursue the maximum amount of compensation available in your case. Typically, Illinois plaintiffs can recover reimbursement for medical expenses, including past and future costs related to the injuries; lost wages, including past and future lost wages due to missed work; pain and suffering, including the pain related to physical injuries; and disability, which can be obtained for a person’s loss of ability to participate in activities that they enjoyed prior to the accident. Every case is different, and the exact amount of compensation that a plaintiff will be entitled to receive will depend on the nuances of the case.

Get Advice from a Pedestrian Accident Lawyer in Wheaton or Schaumburg