Childs Accidents: What Is Parental Responsibility?
If someone is severely injured in any automobile accident that person may sue the party or even parties responsible for the injury
. The action is known as personal injury lawsuit. You can also call it a tort action. The plaintiff can take legal action against the defendant if the accident has taken place due to the negligence of the defendant. You must have heard about negligence actions brought by children. Though it is not very common but it is true that negligence charge can also be brought against children if the accident is a result of their carelessness. Sometimes the parents may also be held responsible for the childs action.While driving a motorist has to exercise care so that other people are not injured. How the motorist conduct herself or himself and the standard of care the motorist should exercise, is often referred to as responsible care or due care under the circumstances. If the driver is a child the same degree of care is expected from the child. According to the court, if a child gets engaged in an adult activity the child should be able to exercise an adult standard of care.
Motorists Liability for Injury to Child:
Many cases have been seen where a child is involved in an accidents. Children mostly get injured when an accident occurs near park, play ground, schools or even residential areas. If the motorist is aware of the fact that he or she is driving in an area where children are likely to be found the motorist should be more careful. When a motorist can foresee the possibility of a risk he or she should take every measure to avoid it.
The motorist should exercise high standard of care for protecting the child from being harmed. The level of care needed to be exercised by the driver depends on the age as well as nature of the child near the vehicle. Therefore a motorist should know the common characteristics of children. If he or she is held responsible for injuring a child it will be examined whether the motorist has exercised necessary care towards the child.
Characteristics of Children: Children are playful by nature. They are very curious and they can not sense danger. Children may often run into the road suddenly. They are unable to protect themselves.
Duties of Motorist: If the motorist is driving in area where any school park or playground is located he or she should sound a warning or reduce the speed of the car and even stop it if necessary.
If Child is Responsible for the Accident:
If an accident has been taken place due to the negligence of a child who was driving an automobile the parents can be held liable for it. But it is applicable in certain cases. For example if a parent allows the child to drive knowing that he lacks the necessary skill and as a result if another person is injured by the reckless driving of the child the court will held the parent responsible for it. The parent can be considered guilty for failing to supervise the child. However if this has happened without the parents consent this law will not be applicable for the parent.
If you or your children are experiencing any of these problems you should consult a local attorney specializing in this field. For example if you live in Naples you should hire a Naples personal injury attorney to handle the case for you.
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