Q My child was crossing the street in our neighborhood and was hit by a car. The driver says it was her fault. Was it?
If your child was younger than seven years old, it was not her fault, no matter what the driver says. Even if she was running out into the street chasing a ball (sometimes called a "dart out" case), and a driver did not see her and hit her, it is not her fault. Children, especially young children, are unpredictable in their actions. Drivers in neighborhoods are on notice that children live in neighborhoods and they need to be watchful and careful of them. The law does not hold her legally responsible for her acting like a child.
For more information about child injuries in Virginia, call us at 703-260-6070 or email [email protected] -- or fill out the form here on the website -- and we will send you the book Sandra wrote about child injuries, When the Bough Breaks. It's free for the asking.