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Child got hit by car


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#1 tch112

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Posted 05 August 2012 - 03:53 PM

I wanted to get advice on the incident. Any advise or comment would be helpful and appreciated.

Today morning my Uncles child has been hit by the automobile.

The child is about 12 years old and he was jogging across from one subdivision to the next.

In front of the subdivison there is main road. The child was crossing this main road and this is where the accident happened.

The road speed limit is at 40mph and when he was acrossing the road, he saw a car coming but calculated that he was able to pass the road because the car was pretty far apart.

The child started ran across the road but the car had hit him.

They claimed that they saw the kid and thought that kid was going to avoid the car.

What we don't understand is the road was 40mph zone and at time when the child ran across the road he calculated that it was safe for him to run across the road but even with miscalculation,

at 40mph zone, there would be chance for car to slow down to avoid the hit on the kid.

After the accident, police arrived but since the parent was notified later, parent weren't able to be there when the police report was being written up.

The police took incident report from the person who hit the kid and from the kid(minor) that was bleeding on the side before parent arrived.

After parent arrive, the police report was already done and of course the report will state in favor of the people who had hit the kid because police intereview them

and kid was shocked by the hit of the car and couldn't justify his situation. From what I hear, it was expressed that kid poped out running and they hit the kid.

The ER came after the parent arrived. The accident impact was pretty strong because front of their car was damaged and wanted the parent to pay for tolling the car in the cash.

Anyways, this is the situation and they are worried, first about kid health, although hospital realeased the kid today, there might later effect because kid hit the head.

Also the all the amounts and legal aspect they need to get into.

This is the situation and any help or any advice will be greatly appreciated.

Thank you in advance.

#2 pg1067

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Posted 06 August 2012 - 07:02 AM

I'm going to assume that you didn't witness the accident and are therefore simply relaying what your cousin told you or what your cousin told your uncle and that he told you.


What we don't understand is the road was 40mph zone and at time when the child ran across the road he calculated that it was safe for him to run across the road but even with miscalculation, at 40mph zone, there would be chance for car to slow down to avoid the hit on the kid.


Maybe. Maybe not. Depends on how badly the child miscalculated.


After the accident, police arrived but since the parent was notified later, parent weren't able to be there when the police report was being written up. The police took incident report from the person who hit the kid and from the kid(minor) that was bleeding on the side before parent arrived. After parent arrive, the police report was already done and of course the report will state in favor of the people who had hit the kid because police intereview them and kid was shocked by the hit of the car and couldn't justify his situation.


First of all, police reports are not "in favor of" or against anyone. A police report is simply a collection of observations made by the officer and statements made to the officer. Second, it's not as though the driver would have been completely calm. Hitting a child in a car is going to freak out just about anyone.


From what I hear, it was expressed that kid poped out running and they hit the kid.


That may be exactly what happened.


The accident impact was pretty strong because front of their car was damaged and wanted the parent to pay for tolling the car in the cash.

Anyways, this is the situation and they are worried, first about kid health, although hospital realeased the kid today, there might later effect because kid hit the head.

Also the all the amounts and legal aspect they need to get into.


I don't understand the second half of the first sentence above (I'm guess English isn't your first language). In any event, I certainly hope your uncle obtained the driver's insurance information (it should be in the police report). If he believes that the driver was at fault for the accident, he can make a claim against the insurance policy. If the driver believes your cousin was at fault, he'll have to sue your cousin. Whether your uncle could be held vicariously liable for damage resulting from your cousin's negligence depends on the laws of the state where this occurred. In my state, for example, there would be no vicarious liability in a situation like this.

#3 FindLaw_Amir

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Posted 09 August 2012 - 12:06 PM

Has the kid's parents consulted with a local Personal Injury Plaintiff Lawyer to advise them of their rights regarding this accident?
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