Motor vehicle accidents involving pedestrians regrettably often involve children. It is likely that over 28,000 children will be injured in a motor vehicle accident this year alone. A significant number of these injuries will be severe, forever changing the child's life. Attorneys handling child pedestrian accident cases need to have the skill and experience to thoroughly investigate the matter, appropriately value the case, and prepare it as though it will have to go to trial to be resolved.
Consider the following cases:
Case 1:
In this case, a company van was pulling out from a local parking lot on a rainy day before sunrise in the early hours of the morning. At the time a mother and her 7 year old were crossing a major nearby thoroughfare on the way to the little girl's school. The van struck the little 7 year old girl, knocking her to the ground. It also struck and then dragged her mother several feet down the street before stopping. The driver of the van claimed that he did not see either the mother or her daughter before to the accident.
The little girl suffered multiple injuries including a skull fracture and multiple head and brain injuries. As a result of her injuries she was left a minimally responsive state, unable to breathe on her own and requiring a feeding tube. The law firm handling this matter reported that it was able to reach a settlement for $3 Million, the limits of the available insurance.
Case 2:
In this case, a pick up truck was involved in an accident in which it struck a 6 year-old girl and her father. In a scene we see every day this little girl was holding her father's had as the two of them crossed the street at a marked crosswalk. Her father was knocked to the ground by the pick up truck as it ran over his little daughter. She did not survive her injuries and died at the scene of the accident. Both her parents saw this tragedy as it happened in front of them. After the accident, her father suffered from a severe form of post traumatic stress and was
unable to work.
The law firm that handled this matter brought claims against the driver and his employer on behalf of the girl's parents and her minor brother. The defendants claimed that it was the victims and not the driver who were at fault fir the accident. They also disputed both the nature and extent of the damages. The law firm reported that the defendants eventually settled for $3.8 Million, an amount covered by the employer's insurance policy.
Case 3:
In this case a little 7 year-old was crossing the street. She was accompanied by her father and uncle. This was during the evening hours. They were crossing at an unmarked intersection when all three were struck by a car. The collision threw the little girl a distance of 107 feet. The father and uncle both suffered multiple injuries including fractures. The little girl suffered the most severe injuries including a transected aorta, multiple fractures, and brain damage that, among other disabilities, left her blind for the rest of her life. As a result of her injuries the girl will need full-time care for the remainder of her life. The law firm that handled this case reported that they were able to achieve a settlement of $7.8 Million on behalf of the girl, with additional amounts for her father, uncle, and mother.
As these cases illustrate children injured in pedestrian accidents can suffer serious injuries that leave them with permanent disabilities. Sometimes defendants admit their liability and do the right thing. Other times they fight everything - by blaming the victims and by minimizing their injuries.
Insurance company adjusters are not intimidated by lawyers. They deal with lawyers every day. The one thing that will intimidate an insurance company adjuster is the thought that they face a large exposure by not settling the case. The only way for the attorney representing the child or the child's family to increase the likelihood that the defendants will be willing to settle the case is by thoroughly preparing the case for trial and demonstrating to the insurance adjuster that there is a significant risk of exposure.
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