What If my Child is Injured as a Pedestrian in San Diego?

In recent years, pedestrian accidents are a serious issue that California has faced. With a 9.4% increase in pedestrian accidents and 1,108 pedestrian fatalities in 2021 alone, they are an imminent threat that the entire state faces. However, children living in California cities-like San Diego—are vulnerable to child pedestrian accidents and face this reality every time they want to cross the street.  

At The Barnes Firm, we believe that children deserve to feel safe and protected where they live. However, negligent motorists pose a danger to them and can cause accidents to happen. If your child has been wrongfully injured in a child pedestrian accident, call The Barnes Firm at (800) 800-0000 to speak with a knowledgeable pedestrian accident lawyer today.  

Pedestrian Rights in San Diego 

As a pedestrian, or parent of a child pedestrian, it’s important to be familiar with pedestrian rights in California. Pedestrian rights in California include: 

• Jaywalking. It is legal to jaywalk, or cross the street outside of a crosswalk, as long as it is safe to do so.
• Right of way. Pedestrians in California have the right of way when crossing the street at a marked crosswalk, at any intersection—marked or unmarked, and when walking along the sidewalk where a car wants to cross (to enter a parking lot, for example).

Understanding your rights as a pedestrian can help you to understand when and where you can walk safely, as well as foster a safe environment for pedestrians and motorists alike. However, if a negligent motorist causes your child to be injured in a pedestrian accident, you likely have grounds to file a personal injury claim against liable parties. 

Who is Liable for my Child’s Accident? 

Motorists have a duty of care whenever they are near pedestrians. This duty of care is even greater when there is a child pedestrian attempting to cross a street, as their unpredictability, inexperience, and lack of knowledge makes them far more susceptible to accidents. Under California’s comparative negligence rule, adult pedestrians may be found partly at-fault for a pedestrian accident, but the rule for children is much different. 

In California, child pedestrians are held to a lower standard of care, meaning they won’t be held to the level of responsibility that an adult pedestrian is. Furthermore, children under the age of 5 cannot legally be found to be negligent or partly liable in California. With this in mind, liable parties in a child pedestrian accident may include: 

• Negligent motorists 
• Government agencies or municipalities 
• Vehicle manufacturers 
• Local business or property owners 
• School districts or daycare providers 

How to File a Personal Injury Claim for Your Child 

A qualified adult, otherwise known as an injured child’s “next friend,” can file a claim on the child’s behalf. This person is typically a parent(s) or legal guardian of the child. However, it is important to know that local laws can impact who a child’s “next friend” is, and it may end up being a court-appointed attorney or a Guardian Ad Litem (GAL). A GAL appears independently to represent the injured child in court. This person answers to the court in place of the parent, parents, or attorney who filed the claim. 

Additionally, it’s important that you understand California’s statute of limitations, which is the time you are allotted for filing a claim on your child’s behalf. California’s statute of limitations for filing a child personal injury claim is three years from the date of the accident or two years from the date of the child’s 18th birthday if they are under 18 years old at the time of the incident. If there is no settlement reached by your child’s 20th birthday, then the case may be discarded. It is critical to the validity of your child’s claim that you have a trusted child pedestrian accident attorney at The Barnes Firm working on the case as soon as possible. 

When filing a claim, you must be able to prove negligence on the other party or parties’ behalf. To establish negligence, the injured child’s representative must prove: 

• Duty of Care. The at-fault party or entity had a duty of care to avoid harming the child.  
• Breach of Duty. By breaching or neglecting their duty of care to the child, the at-fault party or entity failed to do what anyone in their position should have done to avoid the accident. 
• Causation. Your child’s injuries were sustained directly because of the at-fault party or entity’s actions that caused a breach of duty of care. 
• Damages. Verifiable injuries and emotional damage, supported by medical records and testimonies, were the result of the at-fault party or entity’s negligence. 

Effectively proving this and filing a claim on your child’s behalf requires the knowledge and skillset of a knowledgeable child pedestrian accident attorney. Call The Barnes Firm today at (800) 800-0000 and claim your FREE case evaluation. 

If Your Child is Injured, Call The Barnes Firm 

At The Barnes Firm, our team understands the toll that a child pedestrian accident can have on parents. From lost wages incurred by missing time at work to care for your child to the mounting medical bills, it’s a lot for parents to handle. While you focus on caring for your injured child during this difficult time, allow a knowledgeable child pedestrian accident attorney at The Barnes Firm to focus on the legal aspects of the accident. 

When you choose The Barnes Firm, you receive a legal advocate who will work tirelessly to help your family get the best result possible. Call us today at (800) 800-0000 to claim your FREE case evaluation. It could be the best call you make.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes