When a child suddenly runs into the road and is struck by a vehicle, the aftermath can be devastating for everyone involved. These incidents often happen in the blink of an eye and raise serious questions about fault, responsibility and what comes next. In Florida, both motorists and parents may face emotional and legal challenges following such an event.
For drivers, hitting a child who darts into the road is a nightmare scenario. Florida law recognizes that children can behave unpredictably, and motorists are expected to exercise extra caution in areas where children are likely to be present. This includes school zones, residential neighborhoods and near parks or playgrounds. However, even with reasonable care, a driver may not be able to stop in time if a child suddenly enters their path.
When is the driver liable?
Whether or not a driver can reasonably be held liable for striking a child who has run into the road depends on many factors, including their speed, attentiveness and whether they were following traffic laws. A driver who was speeding, distracted or failed to yield may be found negligent, even if the child entered the road without warning. On the other hand, if a driver was proceeding cautiously and a child ran out from between parked cars with no warning, for example, liability for harm caused to the child may be more limited.
If a driver is found to be at fault, parents may be able to pursue a personal injury claim on behalf of their child. Compensation may cover medical expenses, future care needs, emotional distress and other damages. Florida follows a comparative negligence rule, which means if the child’s behavior contributed to the accident, any compensation may be reduced accordingly. Still, children—especially young ones—are not held to the same standard of care as adults.
These cases are heartbreaking and complex. Seeking legal guidance can help to better ensure that all parties are treated fairly and that the long-term needs of the injured child are properly addressed. In the wake of such an accident, compassion and clarity are undeniably important.