Two children were injured in a San Marcos pedestrian crash when they were hit by a teenager driver, according to reports. The children were reportedly in a crosswalk on West Mission Road and Comet Circle East near Palomar College when the crash occurred.
According to the San Diego County Sheriff’s Department, the two children, who are 12 and 13, were crossing the intersection in the crosswalk when the 17-year-old driver approached in a Honda Civic. After hitting the victims, the driver pulled over and stayed at the scene till paramedics and deputies arrived.
The 13-year-old was airlifted to Rady Children’s Hospital with serious facial injuries. The 12-year-old was taken to Palomar Hospital with minor leg injuries. It does not appear that drugs or alcohol were involved in the crash, and officials have not said whether the driver will be charged.
Just as a child under the age of 18 does not have the right to enter into a contract, he or she does not have the right to sue for damages. In the United States, the law recognizes the inability of minors to be responsible for their own financial affairs. In fact, a minor must have a guardian’s permission to do almost anything that could result in legal ramifications, unless he or she is emancipated.
Because minors are unable to file personal injury lawsuits, their parents or guardians must hold those rights for them. A legal guardian has the right to file a lawsuit on behalf of a minor child when he or she is injured, although the proceeds from that lawsuit must be used only for the minor child’s benefit.
If you have a child who has been injured in an accident, you may be able to collect compensation on the child’s behalf for medical expenses and other costs as well as pain and suffering. If you do collect compensation, you may be required to show how it is used for the benefit of the child. A personal injury attorney can help you understand how to protect your child’s rights as well as your responsibilities as the guardian of your minor child.
Daniel M. Gilleon in San Diego has spent many years helping parents and children who are victims of accidents recover compensation. He has represented children of all ages in personal injury cases. Call today for a free consultation.