Steps To Take After Your Child Has Been Hit by a Car
If your child is struck by a car, immediately:
- Call 911 and request police and medical assistance. The police will create an accident report that is vital for your claim. Emergency medical services can also screen your child for any life-threatening injuries.
- Document the scene. Take photos of the accident scene, including the location of the accident, the vehicle that hit your child, and any visible injuries. Gather witness information and the driver’s contact and insurance details to establish a detailed record of what happened.
- Seek medical attention: If EMS didn’t take your child to the hospital, go to the emergency room or urgent care for a thorough evaluation. Being hit by a car can cause injuries with delayed symptoms. Getting your child’s injuries documented as soon as possible can prove their link to the accident.
After you’ve ensured your child is safe and receiving proper medical care, it’s understandable to start thinking about what comes next. When you’re ready, preparing for potential legal action can help protect your child’s rights and hold the responsible parties accountable.
Keep Track of Expenses and Treatment
Hold on to all financial documents related to your child’s treatment, such as hospital bills and receipts for any payments you make. If you take time off work for your child’s medical appointments, keep track of your lost income. This documentation will help our attorneys determine the amount of compensation you may be entitled to.
Additionally, keep a copy of your child’s medical records. Consider keeping a journal documenting your child’s progress, medical treatment timeline, and the challenges your family faces as a result of the accident. You may also want to take photos of changes to visible injuries. These details may later demonstrate the accident’s impact on your child’s life.
Request and Review the Police Report
Contact the police department that responded to the accident scene and request a copy of the police report. They’ll walk you through completing a request form, and it may take a few days to process your request.
The police report is important evidence in your child’s case, so it must contain accurate information. When you receive the report, ensure the details are correct. Check for inconsistencies such as the date, time, location, parties involved, road conditions, and license plate numbers.
If you notice any discrepancies, contact the police department immediately to have them corrected. Be ready to present evidence to show why the information is incorrect.
Report the Accident to the Driver's Insurance Company
Call the driver’s insurance company to report the accident. Provide basic information, such as the accident’s location and the driver’s name and policy number.
Be careful what you say to the insurance company before consulting an attorney because the insurer may use anything you say against you. Avoid going into detail about your child’s injuries or the accident’s circumstances.
The insurance company may present a low settlement offer that does not fully reflect the true cost of your child’s injuries or recovery expenses. Before accepting, take a moment and consult with a trusted attorney who can help you determine if the offer is fair and adequate.
Document all communications with the insurance company. Write down who you spoke to, when the conversation happened, and what you discussed. Keep copies of any written correspondence, such as emails or letters.
Follow Medical Recommendations
To demonstrate that you’re trying to improve your child’s condition, keep up with scheduled medical appointments and follow all recommended treatments, including prescribed medications and therapy. If you fail to follow through with treatment, the insurance company may use it as evidence that your child’s condition is not as serious as you claim.
Speak With an Attorney
The driver who struck your child may be liable for any damage caused. Our firm’s knowledgeable personal injury attorneys will explain your legal options, answer your questions, and advise you on seeking compensation.
What if the Driver Was Underinsured or Uninsured?
Missouri law requires drivers to have uninsured motorist coverage. UM coverage may cover your child’s injuries even if they weren’t in a vehicle at the time of the accident. If an uninsured or underinsured driver struck your child while they were walking or riding a bike, your UM coverage may help cover their medical expenses and other damages.
If you don’t have insurance coverage, you may seek compensation in a personal injury lawsuit against the driver directly. Recovering compensation through a lawsuit may be difficult if the driver doesn’t have enough assets to pay the compensation award. Our experienced attorneys will explore this option with you if necessary.
Were you injured in an accident due to someone else’s negligence? Get legal help from the most effective injury law firm in the Midwest.
Why Hire an Attorney To Handle Your Pedestrian Accident Case?
Insurance companies prioritize profit over people. The responsible driver’s insurance company will do everything possible to minimize your compensation. Our expert pedestrian accident attorneys know these common insurer tactics, and we fight hard for the full and fair compensation your family deserves.
When your child suffers an injury, we know you have more than enough to worry about. Let us take the legal burden off your shoulders so you can focus on your child’s recovery. Here’s what you can expect us to do while you care for your little one:
- Investigate the accident to determine all responsible parties
- Gather strong evidence of the driver’s liability
- Calculate your family’s damages and determine the amount of compensation you’re entitled to
- Arrange medical liens so your child can get the care they need without paying upfront
- Negotiate with the insurance company for a fair settlement
- Represent you in court if it’s necessary
The insurance company may offer compensation that does not cover the entirety of your child’s injuries and damages. Our team will pursue full and fair compensation that accounts for any damages suffered, including future medical costs, emotional distress, and lost wages.
Filing a Lawsuit for Your Child's Injury
Most car accident cases are settled without going to court. However, if the insurance company refuses to offer a fair settlement, which tends to happen in cases involving injured children, you may need to file a lawsuit. This can also happen if your child’s damages are more than what insurance will cover.
The lawsuit process may include:
- Exchanging evidence and information with the other party
- Hiring expert witnesses, such as doctors, to testify on the extent of your child’s injuries
- Submitting court documents and attending court hearings
- Going to trial and presenting your case in front of a judge and jury
If the responsible party blames you and claims your child ran out into the street before they had time to stop, our distinguished attorneys will counter those claims and work hard to establish liability because drivers have a duty to watch for pedestrians, including children.
We will do everything we can to hold them accountable, including thoroughly investigating whether the responsible driver was speeding, texting while driving, or engaging in other dangerous behaviors.
Legal Deadlines Following a Car Accident Involving a Minor
Most personal injury claims in Missouri have a filing deadline of five years from the date of injury. Injured minors have a different deadline that allows more time to take legal action.
Missouri’s statute of limitations for minors’ personal injury claims counts down from the victim’s 21st birthday. That means your child can file a claim until they turn 26 years old if they were injured before they turned 18.
There is an exception if the driver fled the State of Missouri after the accident. In that case, the time limit to file a lawsuit is paused while the driver is out of state and can’t be reached. The clock starts running again once they return.
Act quickly after your child is hit by a car despite the extended statute of limitations deadline. Evidence can get lost or fade, and witness memory can become less reliable over time. The sooner you take legal action, the stronger your case will be. It can take a year or more to reach a pedestrian accident settlement, and quick action will allow you to get the compensation your child needs sooner.
Reach Out to a Brown & Crouppen Attorney About a Car Accident Involving Your Child Today
Hiring the right lawyer can make all the difference when your child is struck by a car. We know how traumatic it can be, and we’re here to provide compassionate support and seek justice on your behalf.
Brown & Crouppen, P.C. was founded with one goal in mind—getting justice for people who have been injured, whether at work, in a car accident, or from negligence. With over 40 years of experience and $1 billion awarded to our clients, you can trust us to fight for full and fair compensation for you and your family. Call 800-536-4357 or contact us online for a free consultation.
