On Wednesday, May 31, 2023, five children were seriously injured in an accident involving an appliance van in Pollock Pines. The accident happened around 10:40 a.m. on Pony Express Trail in front of a hardware store when the elementary school-aged children were struck while in a crosswalk.
On Friday, January 12, 2024, it was announced by El Dorado County prosecutors that criminal charges would not be brought against the van driver, even though the driver was looking down at a GPS and traveling 2 mph above the speed limit when he noticed the children in the crosswalk. Prosecutors claim that he was acting negligently by driving distracted, though they were unable to satisfy the requirements for a reckless driving charge.
The children injured in the accident were with a group of 18 students who were on a field trip and walking to a nearby park at the time. Three of the five children who were struck in the accident sustained severe injuries, including a 4-year-old who required an extensive hospital stay for head trauma. The children, fortunately, all survived the accident.
Options for the Families of Children Involved in Pollock Pines Pedestrian Accident
Even in cases where a driver is not criminally charged for a pedestrian accident, victims can still receive financial support for their damages. In the case involving a commercial van and a driver who was likely on the job at the time, commercial insurance could apply. However, what happens if the insurance does not cover all of your child’s medical needs or their future bills related to their injuries?
A personal injury claim can be initiated against an at-fault driver even when criminal charges have not been brought against the driver. Through a personal injury claim, the commercial driver or their company could be liable for some of the following damages:
- A child’s medical expenses and future medical expenses
- Loss of future earnings if a child is unable to work in the future due to their injuries
- Pain and suffering
- Therapy-related costs associated with the injuries
- Punitive damages when gross negligence was at play
The damages that a child or their family can receive in a personal injury claim following a pedestrian accident will vary. No two claims are the same but a legal advocate can guide a family through these difficult times and assess their claim from the very beginning.
Who Can Bring a Personal Injury Claim on Behalf of a Child in California?
Pedestrian accident claims involving minors can be complex in nature for a family who is already dealing with the emotional impact and stress associated with these accidents. In California, a personal injury claim cannot be initiated by a child under 18 years of age. However, a parent or guardian still has the option to bring a claim on behalf of their recovery.
Children have an extended statute of limitations in personal injury claims as well. Though the statute claims that injured victims have two years to bring an injury claim after an accident in California, children have until age 18 to file a claim. However, financial recovery can greatly assist a family during these daunting times, which is why families are urged to act quickly to retain their children’s rights.
Contact a California Pedestrian Accident Lawyer Today
The grief and exhaustion that a parent or guardian may feel after their child has been injured in a pedestrian accident can be immense. No parent ever wants to see their child suffer in any way. You and your family should not have to lift a finger after your child has sustained serious injuries in an accident, which is why our California pedestrian accident lawyers at Maison Law are here to offer you support in your time of need.
No family should ever have to worry about the mounting bills after a pedestrian accident facing their child. We believe that you should be given honest advice and resources that can help you get back on your feet. Please contact us today for more information on your claim, as well as a no-obligation case review.
