Posted on behalf of Stephens, Anderson & Cummings on Jun 21, 2013 in Auto Accidents
The recent case of a 12-year-old Garland, Texas boy who was rushed to the hospital after he was hit by a car while riding his bike is an unfortunate reminder of the dangers children face in summertime. The increased risk of traffic accidents may be due in part to negligence on the child's part or on the part of the driver, but both parties need to be as vigilant as possible when it comes to summer traffic safety.
The Garland boy reportedly rode his bicycle into the street and directly into the path of a 2007 Jeep. The driver stopped immediately and called for help but the boy had been injured so severely he had to be airlifted to Childrens Medical Center of Dallas. The boy remains in critical condition, and sadly our Fort Worth auto accident lawyers know this is not the only child who will be injured in a traffic accident this summer.
Kids at Risk: Summer Pedestrian Accidents
In the case of the 12-year-old Garland boy, investigators do not believe that speed was a factor in the accident. The specific cause of the crash is still under investigation, which will determine the level of fault, if any, of the Jeep driver. Did the driver behave in any way that was careless and contributed to the boys accident? If so, was the boy also at fault for the accident occurring?
It is important to realize that in cases such as this it can be possible for both parties to share some fault. Even if the boy veered into the street, was the Jeep driver paying full attention to the task at hand? Were they talking on a cellphone or adjusting the radio when the cash took place? These are the facts that need to be established to determine the degree of liability each party has in this case.
If the driver is found to be somewhat at fault, regardless of whether the boy contributed to the accident, the family of the boy could still take legal action against the Jeep driver. If this happened, the damages awarded would be lessened by the degree of fault the boy is found to have contributed to the accident.
It is a sad reality that these types of cases are very often the result of a child's involvement in a car or pedestrian accident. Drivers must protect themselves from liability by maintaining strict awareness of their surroundings, especially during the summer months or when in residential communities.
Parents should also take the time to educate their children on the most effective ways to stay safe when enjoying the outdoors this summer: use hand signals to indicate intentions to drivers, always watch out for cars backing out of driveways, avoid busy streets and always look for cars before entering or crossing the street.
Making the extra effort to inform both children and drivers about the increased risk of traffic accidents in summertime can go a long way to making sure everyone enjoys their break safely.