Why do drivers have a heightened duty around kids?

On Behalf of | Jul 11, 2019 | Auto-Pedestrian Accidents |

Anywhere that automobiles and pedestrians cross paths there is the chance that accidents may occur. When a car or other motor vehicle collides with a person, the individual on foot often suffers serious and sometimes life-threatening injuries. In Florida, drivers have a duty to act reasonably when behind the wheels of their cars to prevent these often tragic situations.

However, when drivers operate their cars in places where children are often present, their duty is elevated. That is because children pose several risks that may not apply to older individuals. For example, young children may not have the impulse control to wait when traffic is present and may run out into roads and intersections when it is not safe for them.

Additionally, children tend to be smaller than most adults, and, therefore, it can be more difficult for drivers to see them when they are in or near roads. A small child may not stand tall enough to be visible over the hood of a car, and a driver who fails to use heightened precautions may drive into a child that they never saw in front of them.

Near schools, parks, and even in neighborhoods, drivers should take extra precautions to be aware of children and the threats they pose. Drivers who act recklessly, allow distractions to impact their driving, and who break traffic laws fail in their duties to others when they engage in such dangerous behaviors. Individuals who are harmed in auto-pedestrian accidents have rights to seek compensation, and this includes the children who are harmed by drivers who fail to keep others safe.


attorneys Brad Culpepper and Brett J. Kurland