PRACTICE AREAS

Child pedestrian cases are often undervalued. From the adult driver’s perspective, the child is always at fault. These cases are usually referred to as “child dart-out cases.” You can bet the injured child didn’t come up with that name. It is not generally true that the child is responsible for his or her injuries. Under Michigan Law young children are not capable of negligence as a matter of law.

When the incident is viewed from the child’s standpoint, most cases are the fault of the adult driver. Generally, there were cues and clues that the driver missed in failing to see the child before impact. In residential areas where children live and play, drivers must exercise a high degree of alertness. This is especially so where parked cars might block the driver’s view.

These cases require careful analysis and expert input to fully understand the role of negligence in producing the injury.

Our firm is experienced in child pedestrian cases.