A three-year-old child was hit by a car while crossing the street on January 29, 2015. The accident occurred at 21st Street in San Francisco’s Mission District in the morning. The child was taken to the hospital without any life threatening injuries.
The driver was turning on Mission Street when the car hit the child in the crosswalk. It is unclear at this time whether the child was accompanied by an adult or if that adult was injured as well. The driver stayed at the scene and cooperated with police and fire officials.
When a child is injured, the child’s legal guardian is not only responsible for their medical needs; they are also responsible for the child’s legal needs. Children cannot sue on their own behalf unless they are emancipated or over the age of majority, which is 18 in California. Therefore, parents and guardians must initiate personal injury lawsuits in the event that their child is injured. Parents also stand in for their child in virtually every legal proceeding, including any discovery, pleadings, and at trial. However, a child may be called upon to testify in some situations.
When children get older, they have more influence over certain aspects of their legal needs, especially in areas of family law. However, that is not necessarily the case when it comes to personal injury lawsuits. The parents or guardians still have a great deal of control over the case even when the child is old enough to speak for him or herself.
In this case, the parents could initiate a personal injury lawsuit on the child’s behalf against the driver. Any damages won in the case would help with medical expenses and compensate the family for any future complications that this child may have as a result of this accident.
For more information about personal injury lawsuits, talk to one of the experienced personal injury attorneys at Needham Kepner & Fish. We are happy to address any of your personal injury needs. Call us today at 408-956-6949.