Mother and Baby Injured in Modesto Pedestrian Accident
A mother and her baby were injured in a Modesto pedestrian accident on the afternoon of July 9, 2019. The crash occurred shortly after 3:25 p.m. at the intersection of Tully Road and Mount Vernon Drive. First responders arrived on the scene and reported that the 23-year-old mother and her 1-year-old son were alert and conscious. The boy was transported via air ambulance to the hospital for precautionary measures. It is unknown whether the mother was also hospitalized for her injuries.
What Caused the Modesto Pedestrian Accident?
A preliminary report by the Modesto Police Department suggested that the car was traveling about 25 miles per hour at the time of the crash as it turned left onto Tully Road. The driver of the vehicle involved in the collision remained at the scene. Details regarding which party had the right of way were not immediately available.
Pedestrian Injuries in Children
Children are more susceptible to suffering injuries in a pedestrian accident. This is due to their young age and lack of experience. Among the most common pedestrian injuries in children include tendon tears, emotional and mental impairment, head injury, spinal cord trauma, and bone fractures. Two of the most commonly broken bones in children are the ulna and the radius, the two bones that make up the wrist and the forearm. Like any other broken bone, the first step is to image the fracture. This is vital to ensure no other trauma is overlooked. Once the injury has been identified, it is essential to meet with a pediatric orthopedist to start a treatment plan.
Can a Child Claim Damages in a Modesto Pedestrian Accident?
A child who suffered injuries in an accident is entitled to some of the same types of compensation an adult would receive. However, a personal injury case must be filed by the minor’s legal guardian against the at-fault driver’s insurance company. If that driver has little to no insurance, a claim may be filed under the legal guardian’s own car insurance policy if they carry uninsured/underinsured motorist coverage. This includes recovery of the following for an injured child:
- Disfigurement for the embarrassment and humiliation that the permanent scarring or disfigurement has caused and costs of cosmetic surgery to repair the scarring
- Emotional suffering and mental anguish
- Medical bills for past and future projected accident-related treatment
- Pain and suffering for emotional, psychological, and physical damage caused by the pedestrian injury
- Permanent disability is recoverable in a pedestrian accident so long as the permanent injury can be proven through expert testimony
Some factors may affect the value and outcome of a personal injury claim. To learn what these are, watch the below video.
How Long Do I Have to File a Claim?
The amount of time a personal injury claim must be filed for a minor is different than that of adults. An injured adult has to file a claim within the statute of limitations, which is two years from the date of the accident in California. For an injured child, the two-year limit is tolled or extended. This means the statute of limitations comes into effect after the minor’s 18th birthday. Since the time limit can vary under specific exceptions, it is essential to meet with an experienced attorney to ensure your claim is filed timely and in accordance with applicable rules and statutes.
How a Lawyer Can Help Your Family
Determining liability in a pedestrian accident for a child’s injury often proves to be a challenging matter. Seeking the assistance of an experienced Modesto personal injury attorney can help simplify the process. A skilled injury lawyer has the necessary skill and knowledge to investigate the facts and circumstances of the accident, preserve critical evidence, and build a strong case for a fair settlement.
Modesto Personal Injury Lawyer
I’m Ed Smith, a Modesto personal injury lawyer. There is nothing more life-changing and devastating as suffering traumatic injuries or losing a loved one in a pedestrian accident. If you or a family member have been injured in an accident through no fault of your own, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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Since 1982, our law office has helped residents of Modesto and surrounding areas with claiming fair compensation for their personal injury and wrongful death cases. To see how we have resolved cases in the past for our clients, visit our Verdicts and Settlements page.
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