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What if a Child is Injured in An Accident Involving a DUI / Drunk Driver?

By David Wolf, Attorney Published by Child Injury Lawyer Network


As parents, we do our best to protect our children. We may sure that they go to school, look both ways before crossing a street, wear bicycle helmets, stay away from strangers, and otherwise keep safe at all times possible. Unfortunately, despite all of the work and good efforts of parents, there is one danger (among others) that seems to be present in virtually every community that we as parents cannot fully prevent or avoid. This danger is that of the drunk driver.

Throughout the community, children can be at risk for simply being a passenger in a vehicle, bicyclist, or pedestrian. The risk is magnified any time that there is a drunk driver on the road. When a child is injured as a passenger, pedestrian, or bicyclist as a result of the negligence or fault of a drunk driver, a claim or case can be pursued seeking compensation for the accident related personal injuries.

The drunk driver and possibly the owner of the vehicle (if different than the drunk driver) are liable for the injuries are legally liable for the injuries caused by the negligence or fault of the drunk driver. In addition to a civil claim or case, the drunk driver could face criminal charges. It should be pointed out that the civil case and the criminal case are two separated proceedings that are independent to some extent and subject to different standards of proof. Furthermore, the focus of the civil case will be that concerning compensation while the focus of the criminal case will be that of punishment in the form of jail or prison time and thereafter probation. While restitution can be obtained or secured through the criminal case, restitution is typically limited to out of pocket economic expenses like medical bills rather than the full value of the case or injuries associated with the accident.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Damages/ Compensation, and other topics. You can get this book for free at The ABCs of Child Injury.

A recent drunk driving accident causing injuries to a child was reported in Ocean Beach – San Diego, California. It was reported that a drunk driver crashed into a child riding a bicycle. The child suffered a fractured leg as a result of this drunk driving incident. At the scene, the driver was arrested on criminal charges regarding suspicion of felony drunk driving. The child was transported to a local hospital for medical care following this accident. You can read more about this incident at California Accident Leads to Injuries of Child – Driver Arrested on Suspicion of Felony Drunk Driving.

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