If a child runs into the street and is hit by a car, whose fault is it?
Of course, I can’t answer that question without knowing all the facts, but I can tell you what the law is in Virginia. A child under the age of seven cannot be negligent, cannot be at fault. So, if a child younger than seven years old runs out into the street and is hit by a car, it is not the child’s fault. (If a child is between seven and fourteen years old, the child is presumed to be incapable of being at fault unless there is evidence to the contrary.)
Why? Because the law recognizes that children will be children; that they are unpredictable in their behavior; that they don’t make mature decisions and can’t be held accountable for exercising care and caution for their own safety as if they were older children or adults.
I read a story about a young child who ran out into the street and was run over by an SUV. This happened on September 11 in Massachusetts, and I don’t know the law in Massachusetts; however, if that had happened in Virginia, it would not have been the child’s fault if the child was younger than seven years old (and probably not his fault if he was between 7 and 14).
The police said the boy was running to catch the school bus that was coming down the street. Was he late? Was he excited? Did his mother tell him to hurry up? Did a friend yell at him to hurry? In Virginia, none of that would have mattered. In Virginia, it’s not his fault.
It could be the fault of the driver of the SUV — she saw the bus coming down the street. It could have been the fault of the school system for putting the bus stop in a place that required a second grade child to cross a street. But in Virginia, it’s not the child’s fault.
If your child was hit by a car while crossing a street and was injured or killed, you should talk to a lawyer who can help you. It’s not the child’s fault, and a lawyer experienced in helping parents of injured children can answer your questions about identifying the responsible person. I answer questions for free. Call me at 703-273-9500 or contact me through my firm’s website, www.WRSattorneys.com or send me an email at srohrstaff@WRSattorneys.com.
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