Who is at Fault when a Child Runs into the Street and is Hit by a Car?

Children are held to a different and more limited standard of care during their encounters with motor vehicles on public streets. Unlike an adult pedestrian who has the duty to exercise ordinary care when encountering traffic or crossing the street, children must simply exercise that degree of care that would reasonably be expected of a child of like age, experience, and intelligence. Therefore, in determining whether a child’s actions amounted to negligence, the jury must first consider the age, mental capacity, and experience of the child. The ultimate question for the jury is whether the particular child, given her individual limitations, showed the level of care that reasonably should be expected of her.

Sacramento Injury Lawyer Ed Smith has over thirty-years of experience successfully representing clients who have been involved in accidents. If you have been involved in an accident involving a motor vehicle and a pedestrian, it is important that you seek experienced legal counsel right away. Contact the Law Officers of Ed Smith today at 916.921.6400. If you prefer email, please fill out our contact form.