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What if a Child is Injured While Walking in a Crosswalk? Legal Rights of the Injured Child

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


In Wisconsin and other States, drivers should slow down and be very cautious when driving in or near school zones. This is especially true when a child is being guided or directed by a school crossing guard. It should be noted that school crossing guards perform a vital function in our community. The school crossing guard is in place to protect the health, safety and well being of school children during morning and afternoon hours. While the pay for a school crossing guard is not the highest on the pay scale for a government employee, school crossing guards serve a valuable service and function in most communities. When you see a school crossing guard in your community, show them the respect that they deserve. More importantly, obey the instructions and directions of a school crossing guard.

In Marathon County (Rib Mountain) Wisconsin, a recent pedestrian accident was reported that involved a 7 year old girl and a 16 year old driver. It was reported that the driver hit the child at approximately 3:45 p.m. in the afternoon near an elementary school. The driver fled the scene of the accident but other witnesses were able to see and document at least a partial portion of the vehicle’s license plate. The driver was eventually located and cited for this Wisconsin hit and run accident. You can read more about this incident at Hit and Run Driver Located in Accident Near Wisconsin Elementary School.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Medical Bills and Treatment, and other topics. You can get this book for free at The ABCs of Child Injury.

When a child suffers injuries as a result of a pedestrian accident, the parents, on behalf of the injured child, can pursue a legal case or claim for the injuries and related damages sustained by the child. Typically, there is insurance in place in the form of PIP (Personal Injury Protection), Med Pay (Medical Payment), BI (Bodily Injury), and/or UM (Uninsured or Underinsured Motorist) Coverage. The entitlement to these benefits will depend on the State laws, amounts of coverage, and language of the policy. A claim or case will also depend on the liability or fault for the accident, severity of injuries, past medical bills, future medical bills, and the permanency of the injuries.

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