New Jersey Personal Injury Lawyer: Recovering Damages When Your Child Darts in Front of a Car
It’s every parent’s worst nightmare. Your child is playing in the front yard or at the playground down the street. He absentmindedly runs into the street to chase a ball, and is hit by a passing car. The injuries may not be life-threatening, but could be serious….a broken leg or a concussion. You have substantial medical bills as a result, but you worry that it will be portrayed as your son’s fault, and that you have no recourse to recover medical expenses. In most instances, though, it is possible to recover compensation from the driver of the motor vehicle.
More often than not, there are many factors that lead to this type of an accident. While your child may have darted in front of the car without looking first, there is a great likelihood that the driver was either traveling above the posted rate of speed, or was otherwise inattentive to the presence of your child. The driver of a motor vehicle must use reasonable care when behind the wheel. This requires that they take all known factors into consideration:
- If the accident occurs near a school or playground, you can make the argument that the driver should have reasonably anticipated the presence of children in the neighborhood, either slowing down or watching out for children
- If weather conditions make it more difficult to see, or to handle the car, the motorist should adjust accordingly.
Frequently, the driver of a vehicle is distracted or not paying attention, instead talking on his or her cell phone, sending a text message, adjusting the car stereo, or lost in thought. If you can show that the motor vehicle operator was not attentive to the road and the surrounding conditions, you may be able to get compensation for some or all of any medical expenses incurred. Often, to avoid a costly trial regarding the potential negligence of the driver, you can get a settlement that covers medical costs.
Contact the New Jersey Personal Injury Lawyers at the Law Offices of Harold J. Gerr
At the Law Offices of Harold J. Gerr, we offer more than four decades of experience to personal injury victims across central New Jersey. We carefully choose the cases we handle, so that we can provide the highest levels of service and personal attention to each client. We are also happy to take over your case, if your first lawyer does not seem to have your best interests in mind.