Accidents involving children and motor vehicles are among the most traumatic experiences a parent can face. The accident scene is not only a place of panic but also one where critical evidence and details must be collected to support any accident claims. The moments immediately following the auto accident are essential,not just for securing proper medical treatment, but also for protecting your child’s rights through the appropriate legal process.
If your child has been hit by a car in South Carolina, you must act quickly. This guide explains how to respond, what your legal options are, and how an experienced attorney or personal injury attorney can help you obtain fair compensation.
Immediate Steps After the Accident
Ensure Safety at the Accident Scene
Your first instinct is to run to your child, but always assess the accident scene first. If your child is in the roadway, carefully assess surrounding traffic signals or signs before approaching. Remove them from harm only if there’s imminent danger.
Call 911 and Request Medical Assistance
Contact emergency services immediately. The injured party needs prompt medical care,even if injuries seem minor. Internal personal injuries can be masked at first.
Seek Immediate Medical Treatment
Many visible injuries such as bruises or cuts are obvious, but others like internal bleeding, emotional distress, or concussions require professional medical assistance. Ensure all medical records are kept,they’re a key piece of evidence in any future personal injury claim or personal injury lawsuit.
Gather Important Information at the Accident Scene
While waiting for emergency responders:
- Driver’s contact details: name, phone, address, license number, insurance policy information.
- License plate and vehicle details: make, model, and color.
- Witness contact details: these accounts can help prove fault.
- Photos and videos: document crosswalks, traffic signals, injuries, skid marks, and damage to property or clothing.
File Police and Insurance Reports
Police Report
Insist a police officer files a formal accident report. If one isn’t filed at the scene, you must file it later yourself,it’s vital for your insurance claims or personal injury lawsuit.
Notify Insurance Provider
Even if your child was a pedestrian, notify your insurance provider. In South Carolina, auto insurance policies often include MedPay or PIP, which may help cover medical expenses. Do not accept any offer or make a statement to insurance adjusters from the fault party’s insurer before consulting an accident lawyer.
Understand Liability in Child Pedestrian Accidents
South Carolina’s Legal Standard
South Carolina uses comparative negligence, meaning more than one party may be liable. However, with children, the fault driver is often held to a higher standard due to their duty to avoid hitting young, less-aware pedestrians.
Negligent Driver Behavior
A negligent driver may be speeding, distracted, or impaired. Distracted driving, drunk driving, or failure to follow traffic laws can strengthen your personal injury claim.
Other Responsible Parties
If traffic signals malfunctioned or poor signage contributed, the local government may share fault. Schools or daycares can also be liable if they failed in proper supervision.
What Damages Can Be Claimed?
Child’s Personal Injury Claim May Include:
- All medical bills
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Financial impacts like specialized therapies or academic accommodations
Parental Compensation
Parents may recover pocket costs or out-of-pocket expenses they personally paid for medical treatment. If the accident resulted from particularly reckless behavior, punitive damages may apply.
The Legal Process: Filing on Behalf of a Minor
Children cannot file lawsuits, but a parent or legal guardian can. The legal process includes potential court approval for any settlement.
Statute of Limitations
In South Carolina, the statute of limitations is typically three years, but it can be extended for minors. Still, don’t delay,waiting risks loss of detailed records or witness accounts crucial for proving your accident claims.
Common Causes of Pedestrian Accidents Involving Children
- Speeding through school zones
- Distracted driving or use of mobile phones
- Failure to yield at crosswalks
- Poor lighting or weather conditions
- Careless reversing from driveways
- Disregard for traffic laws
These type of accidents can often be prevented, which is why identifying the responsible party is crucial for justice and compensation.
Supporting Your Child’s Recovery Beyond the Legal Matter
Accident injuries extend beyond the physical. Children may suffer emotional distress, PTSD, or anxiety. Long-term healing may involve:
- Psychological counseling
- Academic accommodations
- Physical therapy
- Medical devices or home modifications
Keep in close contact with doctors and teachers. The entire family plays a role in helping your child recover.
Why You Need an Experienced Car Accident Attorney
Navigating the legal process is complex. An experienced attorney ensures the personal injury claim meets all legal requirements and helps you avoid manipulation by insurance adjusters. A skilled personal injury lawyer will fight for maximum compensation, including both compensatory damages and punitive damages, depending on the type of accident.
How Ted Law Firm Can Help
At Ted Law Firm, we specialize in handling complex accident claims involving minors. Our experienced car accident lawyers will guide you through the legal process, collect every piece of evidence, and communicate with insurance providers so your family isn’t burdened during recovery.
We aim to secure fair compensation for your child’s personal injuries while ensuring you receive a fair settlement. Whether it involves negotiating with insurance companies or preparing for a civil lawsuit, we are here to support your financial recovery and peace of mind.
Final Thoughts: Don’t Delay, Protect Your Child’s Rights
Time is of the essence. Waiting to act may result in lost medical records, fading memories, or disputes with the fault driver’s insurance coverage. Let an accident attorney from Ted Law Firm protect your rights, your child’s future, and help you pursue financial compensation with clarity and strength.
Schedule Your Consultation Today
If your child has been hit by a car in South Carolina, contact Ted Law Firm today for a confidential consultation. Our team of child injury lawyers is ready to help your family take thoughtful, effective steps forward,starting with your free case review.We proudly serve injury victims in Aiken, Anderson, Columbia, Greenville, Myrtle Beach, North Augusta, Orangeburg, and Summerville. If you’ve been injured due to someone else’s reckless or criminal behavior, our experienced attorneys are here to help you seek justice and recover the compensation you deserve. Contact us today for a free consultation.
