Pedestrian Accidents Involving Children in Austin
Pedestrian accidents involving children in Austin are a serious concern. Because of their smaller stature, children can be seriously injured in pedestrian accidents. It is crucial that the affected families understand the available legal options.
Felix Gonzalez Law helps families navigate the complexities after a child is injured in a pedestrian accident. Their experienced attorneys are committed to advocating for your child’s rights and securing the compensation they deserve. Our pedestrian accident attorneys treat each case as unique and offer clients compassion and understanding as they fight an insurance company on a family’s behalf.
Legal Considerations for Child Pedestrian Accidents
A child cannot file a lawsuit on their own after a pedestrian accident in Austin. Instead, a parent or legal guardian must initiate the claim on the child’s behalf. This legal process allows families to seek compensation for the child’s medical expenses, emotional distress, and other damages related to the injury. The general statute of limitations for injury cases is two years from the date of the accident and applies to any claims brought by the family.
The child’s own claim for personal damages, such as pain and suffering or long-term impairment, is subject to a different timeline. Under Texas Civil Practice and Remedies Code § 16.001, the statute of limitations for a minor’s personal claim is suspended until they turn 18. This means the child has two years from their 18th birthday to file a separate claim on their own if one was not already resolved by a guardian.
Felix Gonzalez Law understands how important it is to protect both the immediate and future interests of an injured child. Our team makes sure to properly file claims, meet deadlines, and explore all legal options to support a child’s healing.
Determining Negligence in Child Pedestrian Accidents
Establishing fault in an Austin child pedestrian collision involves different considerations than in adult cases. Courts understand that children are less predictable and more vulnerable near traffic. For that reason, drivers should exercise an elevated level of caution, especially in areas where children are more likely to be present, such as school zones, parks, and residential neighborhoods. In many cases, this failure alone can establish liability, particularly if the driver had reason to expect children nearby. Drivers may be negligent if they:
- Fail to slow down in designated school zones
- Ignore marked crosswalks near schools or parks
- Disregard pedestrian warning signs
- Do not yield to children in crosswalks
- Drive distracted in areas where children are likely to be present
In accidents involving older children, Austin courts may still consider the child’s actions. However, the court will look at what is reasonable for the child’s age and maturity. For example, if a 16-year-old runs into traffic, the courts will consider that age when looking at liability, and the determination may be different than when a 5-year-old runs into the street. Felix Gonzalez Law fights unfair blame and uses accident reconstruction, witness testimony, and expert analysis to prove how the crash occurred.
Contact Felix Gonzalez in Austin To Learn How They Can Help with a Child Pedestrian Accident Claim
Pedestrian accidents involving children in Austin present unique challenges that require specific legal knowledge, such as understanding the contributing factors and state laws. An experienced attorney at Felix Gonzalez Law will clearly explain these factors and laws to families seeking justice and compensation.
Our lawyers are dedicated to supporting families affected by child pedestrian accidents. Contact Felix Gonzalez Law today to discuss your child’s case. We will explain how we can protect your child’s financial rights during the healing process.
