Epic Road Accident: Who Is Responsible For Child Safety?

We mostly blame drivers when child pedestrian accidents happen. But sometimes, the drivers are not at fault because children cross the road carelessly without knowing the danger. 

According to UNICEF, child pedestrian accidents are the leading cause of death among children and teenagers aged 5 to 19. Unfortunately, many of these fatalities could have been prevented.

A recent social media debate sparked over responsibility for road traffic accidents, spurred by a video showing a child narrowly avoiding being hit by a car while crossing the road.

Driver or Child: Who Is at Fault in Child Pedestrian Accidents?

In the video, the child crosses the road and hurries back upon noticing the approaching car. Consequently, the driver collides with one of the cars parked at the road corner. Upon closer inspection of the video, it’s evident that the driver was caught off guard and likely didn’t see the girl. So, who do you believe bears responsibility in this situation?

Lawyer’s View of the Video

Celebrity lawyer and expert in traffic-related child pedestrian accidents Ugo Lord said the parents of the child are at fault. He said that if the road condition requires you to drive slower, you must obey because you owe it to the people around you, even if posted speed limits allow you to drive 25 miles per hour.

Remember that when the little girl ran into the road in the video, it took less than one second for the car to collide with a parked car. So, even if the vehicle was driving slower, the driver’s quick thinking saved the child. 

He said it will always be a parent’s responsibility to monitor their children safely so they will not dart or run into the streets and suffer child pedestrian accidents. In this situation, it is unlikely for any driver to avoid hitting the child or the parked car, so the child’s parents would be held liable for negligent supervision of their child. 

Car Codes in California and Child Pedestrian Accidents

The California vehicle code is CVC 21950. It specifies how drivers should drive on state highways to ensure the safety of all pedestrians and avoid child pedestrian accidents. It states that drivers should reduce their speed when they see a pedestrian going to the crosswalk, whether it is marked or not. So, slow down if you are driving and see a pedestrian, whether a child or an adult. 

Take all necessary precautions to avoid colliding with innocent pedestrians. Remember, even if someone unlawfully crosses the road, you can still be held accountable if an accident happens.

Always know that you, as a driver, have a more significant responsibility when a child is involved. Children are not mature enough to behave appropriately in this risky condition. 

How to Determine Fault in Road Traffic Accidents Involving Children

There are also some things that both officers and insurance companies look at in child pedestrian accidents. They include:

• The age and background of the child
• If the child was covered 
• Where the accident occurred, if it is a school area or playground
• Whether the driver was paying attention to the road or not
• Checking if the driver violates traffic rules, such as speeding or drunk driving
• If the driver puts effort into preventing the accident by swinging away from the child,

Also, California practices the law of comparative liability. It means that if an accident happens, both the driver and pedestrian can be held responsible. However, if the pedestrian is a child, they cannot be held accountable for their careless behavior. However, the driver might only receive half or 50% of the responsibility.

Conclusion 

We know that Child pedestrian accidents happen, but as a parent, you owe your children their safety and hold their hands when crossing the road. Since you won’t always be around, you should teach your child the laws of the road. 

For example, tell your child to always look at the right and left sides of the road for moving cars before crossing. You can even take them outside to the road to demonstrate. Also, show and teach them the traffic signs.