The start of a new school year is always filled with hope and excitement but with that energy comes an increase in traffic around schools, and unfortunately, pedestrian school zone accidents. Distracted or speeding drivers in school zones or drivers who fail to yield to a school bus present serious dangers to child pedestrians.
As a parent with a child injured in a pedestrian school zone accident, it is essential to understand your legal rights as well as the legal rights of your child to secure medical care, protect your family’s financial stability, and hold all negligent parties accountable. An experienced child pedestrian accident attorney can support your family through this challenging time.
Child Pedestrian Accident Statistics
Data from the National Highway Traffic Safety Administration (NHTSA) shows that there were 171 child pedestrians killed in traffic crashes in 2023.
Of the 171 child pedestrians killed, 89 percent (152) were killed in single-vehicle crashes, 18 percent (31) were struck by hit-and-run drivers, and 11 percent (19) were killed in multi-vehicle crashes.
Of the 152 child pedestrians killed in single-vehicle crashes, 99 percent (151) were killed in crashes where the first harmful event was a collision with a pedestrian. Of these 151 fatalities:
o Eighty-one percent (123) were struck by the front of the vehicles;
o Three percent (5) were struck by the right side of the vehicles;
o Three percent (4) were struck by the left side of the vehicles;
o Four percent (6) were struck by the rear of the vehicles; and
o Nine percent (13) had impact points on the vehicles that were unknown.
Steps to take After Pedestrian School Zone Accidents
It goes without saying that if your child is struck by a vehicle on the way to or from school, your first priority is going to be their health and safety. This means calling 9-1-1 for medical attention immediately after the accident. If there don’t seem to be any injuries, it is still important to take your child to see a primary care physician for a medical exam as head trauma, internal injuries, or delayed symptoms can easily go unnoticed in children.
Once your child is stable it’s important to:
- Exchange contact and insurance information with the driver.
- Document the scene with photos of nearby crosswalks, the vehicles involved, and any debris or marks left on the road.
- Gather witness information from other parents, children, or bystanders.
- File a police report, which creates an official record of what happened.
These early actions not only protect your child’s well-being but also lay the groundwork for any future legal claim.
The Role of Insurance in Pedestrian Accidents
Parents are often surprised to learn that pedestrian accident expenses are typically covered by a car insurance policy—not their own health insurance. Depending on the circumstances of the accident, a settlement may come from:
- The at fault driver’s car insurance policy, which should cover medical expenses and other damages caused by negligence such as rehabilitation.
- Your own car insurance, if you carry uninsured/underinsured motorist (UM/UIM) coverage and the at-fault driver lacks sufficient coverage.
- School district or municipal liability, in rare cases where unsafe infrastructure or negligent bus drivers contribute to the accident.
With that said, parents should know that insurance companies will often try to deny, delay, and minimize their client’s liability in your child’s injuries to avoid paying a fair settlement. In many cases, the insurance adjuster will offer a low-ball insurance settlement early in the process, hoping that the parent will accept before they understand the long-term impact on their child and the true value of the claim.
Why Parents Should Consult with a Pedestrian Accident Attorney
It is always a good idea to consult with an injury lawyer after a pedestrian accident. Personal injury lawyers typically offer a free consultation to review the case and discuss your legal rights and clients pay no fees unless a monetary settlement is recovered. Parents can depend on a pedestrian accident lawyer to:
- Investigate the accident thoroughly to determine who is liable.
- Handle communication with insurance companies to protect families from unfair insurance industry tactics.
- Calculate the full scope of damages, including future medical costs, lost income for parents caring for an injured child, and the child’s pain and suffering.
- Pursue compensation through negotiation or, if necessary, litigation.
The ultimate goal is to cover immediate expenses and ensure that the injured child and their parents have access to the care and resources they need to recover and move forward.
Protecting Your Child’s Future
If your child has been injured walking to or from school, don’t wait to get the help you need. Pedestrian accident cases in Washington State typically have a three-year statute of limitations, but it is a good idea to schedule a consultation as soon as possible after the accident.
Seek the Help of a Pedestrian Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced pedestrian injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
