Pedestrian Accidents Involving Children: Special Considerations for Injury Claims
Pedestrian accidents are always serious, but when the victim is a child, the emotional and legal implications are magnified. In Las Vegas—where busy intersections, school zones, and high foot traffic near tourist attractions create unique hazards—children are especially vulnerable to being struck by vehicles. If your child has been injured in a pedestrian accident, Mainor Ellis is here to help protect your legal rights and ensure your child receives fair compensation.
Why Children Are at Higher Risk
Children are more likely to be involved in pedestrian accidents for several reasons:
- They are smaller and harder for drivers to see.
- They may act unpredictably or cross streets impulsively.
- They may not fully understand traffic signals or rules.
- School zones, neighborhoods, and parks often place children near roadways.
According to the CDC, pedestrian injuries are one of the leading causes of injury-related death for children in the U.S. These injuries often result in serious, long-term consequences, including traumatic brain injuries, broken bones, and psychological trauma.
Legal Standard of Care for Drivers
Drivers in Nevada are required to exercise greater caution when children are present. This includes reducing speed in school zones, obeying crossing guard signals, and staying alert in neighborhoods and near parks or playgrounds. If a driver fails to observe these heightened duties, they can be found negligent.
Additionally, Nevada law imposes stricter penalties for drivers who cause harm in designated school zones or crosswalks.
Unique Legal Considerations for Child Victims
When filing a personal injury claim on behalf of a child, there are several important legal factors to keep in mind:
- Statute of Limitations
In Nevada, the statute of limitations for filing a personal injury claim is typically two years. However, when the injured person is a minor, the clock does not start running until the child turns 18. That said, it’s almost always better to take legal action sooner while evidence is fresh and witnesses are available.
- Comparative Negligence and Children
Nevada follows a comparative negligence system, meaning the compensation awarded can be reduced if the injured party is partially at fault. However, children are generally held to a different standard. Very young children are not expected to understand or obey traffic laws in the same way adults are, and older children are judged based on what a “reasonable child” of the same age would have done.
- Settlement Approval by the Court
If a settlement is reached in a child’s injury case, it must be approved by a judge to ensure it is in the child’s best interest. The court may also require that the funds be placed in a protected account until the child reaches adulthood.
Contact a Las Vegas Pedestrian Accident Attorney
Pedestrian accidents involving children are devastating and complicated. At Mainor Ellis, we understand the sensitivity and legal complexity of these cases. Our experienced team will work to hold negligent drivers accountable and ensure your child receives the compensation they deserve for medical bills, future care needs, pain and suffering, and more.
If your child has been injured in a pedestrian accident in Las Vegas, don’t wait. Contact our Las Vegas Pedestrian Accident Attorneys today for a free consultation.
Source:
leg.state.nv.us/nrs/nrs-484b.html
