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Automobile Accidents Involving Children

Motor vehicle crashes are the leading cause of death for ages 3 to 14.  In 2008, there were a total of 37,261 traffic fatalities in the United States. The 14 and younger age group accounted for 4 percent of those traffic fatalities.  In Florida, the total number of fatalities involving children under the age of 14 was 73.  The death of a child is an unspeakable and devastating tragedy that no family should ever have to experience.  Further, a child that is injured by a motor vehicle accident due to the negligence of another is innocent victim and should be compensated for his or her injuries.

In Florida, the driver of a motor vehicle has the duty to exercise reasonable, ordinary, and proper care for the safety of children when he or she knows of the presence of children near the street or highway when he or she should know that children may reasonably be expected to be in the vicinity. Adult motor vehicle drivers are held to a very high degree of care, especially in situations where children are known to be present. 
Moreover, in situations where a child is injured in a motor vehicle accident, generally, the mere fact that a child was injured in a car does not automatically give rise to a cause of action for negligence.  However, if negligence by the motorist or operator of the vehicle can be established, a cause of action for damages may be maintained by the plaintiff.  Negligence may also arise if a child is not buckled properly or at all in a proper safety device or restraint.  Accordingly, all children under the age of 18 must be buckled up while riding in any car, pickup truck, or van by seat belt or in a federally approved child restraint seat, no matter where they are sitting in the vehicle. Therefore, the driver of the vehicle is responsible for buckling up the child.

If your child is injured or killed by a motor vehicle, you need the knowledgeable and skilled Florida Child Injury law firm of Sharmin & Sharmin P.A. on your side.  The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.


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