mmm / 06-12-2023 / Pedestrian Accident

Am I Liable if My Child Causes a Pedestrian Accident?

In today’s fast-paced world, pedestrian accidents occur all too often, resulting in serious injuries and other damages. When these accidents involve a child running into the street, questions about legal responsibility typically arise, and the child’s parents may wonder if they can be held liable for their actions. Liability involving children in pedestrian accidents can be complex, and although rare, parents may be held accountable through Florida’s comparative negligence rule in certain scenarios. 

If your child has suffered injuries in a pedestrian accident, it is critical to have an experienced attorney on your side. The talented pedestrian accident attorneys at Wooten, Kimbrough, Damaso & Dennis understand the ins and outs of Florida’s dense personal injury laws and are ready to apply their expertise and skills to your case. We understand that you have questions and concerns, and we are dedicated to ensuring you are aware of your rights and legal options. Our attorneys have a proven track record of success and will fight aggressively for the compensation you deserve. 


Can I Be Held Liable if My Child Causes a Pedestrian Accident?

When a driver sees a child on the road or sidewalk, they are expected to exercise extra care to protect their safety and avoid an accident. This concept is sometimes referred to as unusual care. Children cannot be expected to exercise the same level of care as adults, making it challenging to hold a child, and by extension, their parent, responsible for an accident. 

In fact, children from ages zero to four cannot be held responsible for their actions in the event of an accident under Florida law because they do not have developed decision-making skills. While children ages four to 14 can be held responsible, liability can be challenging to prove because children are held to a much lower standard regarding the level of care they are expected to exercise. However, children over age 14 are generally expected to be able to exercise reasonable care and may be held partially responsible for a pedestrian accident if they were acting negligently. Due to Florida’s vicarious liability laws, the child’s parents would be held liable as their legal guardians.


How Does Comparative Negligence Work in Florida Pedestrian Accident Cases?

If your child is found to be partially responsible for the accident and their subsequent injuries, Florida’s comparative negligence rule may impact your claim for compensation. Under comparative negligence, the amount of compensation a partially liable party can recover for their injuries is reduced by their percentage of fault. In other words, if your child bears 30% of the responsibility for the accident, your family would still be entitled to 70% of the total damages available for your claim.

Because comparative negligence can be complex, contacting an attorney as soon as possible is essential. At Wooten, Kimbrough, Damaso & Dennis, our attorneys will ensure you understand how Florida law applies to your case and will fight tooth and nail for the compensation your family deserves.  We know how stressful and painful having an injured child can be and will advocate aggressively on your behalf while you focus on your family. 


Schedule a Free Consultation With a Knowledgeable Pedestrian Accident Attorney at Wooten, Kimbrough, Damaso & Dennis

After your child is injured in a pedestrian accident, you may have many questions regarding liability and the legal process. Fortunately, the skilled attorneys from Wooten, Kimbrough, Damaso & Dennis are here to help. Our attorneys have over 100 years of combined experience helping pedestrian accident victims and their families pursue justice and recover compensation for their injuries and other losses. 

To schedule a free consultation and learn more about the many ways our talented team can help you, call us at (407) 843-7060 or complete our contact form today.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.