Maison Law represents runners who have been left injured by the careless actions of others, including children. Our runner accident lawyers assist victims in getting the support they need to make a full recovery after being forced into an accident while running. Please contact us after an accident involving a serious injury for a free, no-obligation consultation for you and your family. It’s a no-risk opportunity to find out what your case may be worth and how to hold children and their parents responsible.
Hazards for Runners Caused by Children
Most children love to get outside. They can burn off energy around their neighborhoods and on trips to parks, but they won’t always be thinking about how their actions could affect others.
A child can take off on a bike without looking in both directions and might end up heading straight for someone walking or running. A child playing might run under the feet of a jogger to send them down to the pavement to land on a kneecap. Children might also throw objects and accidentally or intentionally strike a passerby.
A young person could also leave toys and sports equipment out where they could cause a painful trip-and-fall injury. A teen driver may make a mistake that exposes a runner to a painful impact.
If you are seriously injured in a running accident caused by a child’s action, it’s a smart idea to talk over your case with a California runner accident lawyer. Insurance companies won’t want to cover the rising costs of treatment and can work to devalue your case. Insurance adjusters will try to blame you for an accident or cast doubt on the seriousness of your injury. Your lawyer fights back with strong evidence and then demands the most possible for you and your family.
Who Is Responsible If a Child’s Actions Causes an Injury to a Runner?
Once a runner has suffered a sprain, a broken bone, or a deep cut, the question becomes who is responsible for the victim’s medical expenses and other recovery costs. Young children aren’t considered to have the maturity and judgment to be held responsible for many of their careless actions. In some cases, the parents of the children at fault will be held financially accountable for the victim’s recovery.
When children are shown to have purposely put someone in harm’s way, parents may be financially liable up to certain limits. This would fall under the legal concept of “willful misconduct” covered under California Civil Code section 1714.1.
The code holds parents and guardians responsible when children act intentionally to destroy property or cause harm to an individual. Parents must act to deny children the opportunity to cause this harm. They must also act to protect others from a child known to be capable of causing intentional harm. This law wouldn’t apply to a case where a child accidentally caused harm.
There’s a cap on how much parents will have to pay victims. The limit is raised every few years, but currently, the cap is somewhere just over $25,000 for each willful misconduct. Victims can receive support for every medical bill they receive, but it wouldn’t include support for non-economic damages like the pain patients endure or the emotional trauma caused.
For negligent acts, unintentional harm, parents may still be found liable in a personal injury lawsuit. Parents are required to provide reasonable supervision to children to prevent accidents. If the harmful behavior could have been foreseen, and yet the parents didn’t act, they may be held accountable under normal personal injury laws. This can apply to new drivers who make mistakes. The parent or guardian who signed consent to get a child a driver’s license could be held liable for damages.
Compensation for Runners After Negligent Accidents
Joggers and walkers suffer more than just physical injuries after a serious accident. They will also likely lose out on the exercise routine they love, at least for a time. Runners in a cast or brace could be unable to return to their runs for a month or even years. In some cases, their broken bones could prevent them from jogging without pain ever again.
Victims will need help with hospital bills, surgery costs, and physical therapy. They could also require help with coping with the emotional trauma caused by a difficult recovery and the loss of the ability to participate in the activities they love.
Your lawyer will ensure that these and other hardships are fully considered when negotiating the size of your accident settlement check:
- Medical expenses now and those expected in the future.
- Costs associated with a permanent physical disability. Traumatic injuries often earn a lifetime of financial assistance when you aren’t able to return to your normal lifestyle.
- Costs associated with the repair of disfigurement if you take a fall and suffer an open wound on your face or elsewhere.
- Support for the physical pain you endure and bouts of chronic pain.
- Support for emotional trauma suffered. You may experience anxiety while in recovery. A loss of enjoyment of life the things you can no longer do may cause long-term depression and require mental health therapy.
- Travel costs for making doctor’s appointments while you are unable to drive and while you are in a wheelchair or on crutches.
- Income and benefits you’ve lost from missed time at work.
Securing these benefits and others will be critical for victims, but they may also feel conflicted about holding a child and a family responsible for an innocent accident. But a personal injury claim usually wouldn’t target the family directly. The family’s car insurance or homeowners insurance provider would generally be financially responsible for providing victims with support.
This is why individuals and families pay insurance premiums. To protect themselves and victims from the enormous costs resulting from accidents.
Contact a California Running Accident Lawyer
California provides runners who suffer injuries up to two years to bring a claim against an at-fault party. But victims should act quickly. Lawyers should be notified as soon as possible so they can collect fresh evidence and have a chance to track down witnesses to hold those responsible fully accountable.
Maison Law of California provides free case consultations to all runners and walkers who suffer serious injuries. Schedule your free case review today. It’s a no-risk way to determine how to hold insurance companies responsible and how to maximize your compensation. Our California jogging accident attorneys make sure victims have the money they need to pay for the best care available so they can return to their runs as soon as possible.
