Traffic accident between child and motor vehicle

Suppose your child has been hit by a car. Then chances are that your child has been seriously injured. Of course, this is also true after a collision with another motor vehicle. Therefore, these road users need to be extra careful when there are children in traffic. Motor vehicle drivers also face a form of strict liability. As a result, they almost always have to pay compensation after a collision with a child:

  • 100% if the child is under 14
  • At least 50% to 100% if the child is older than 14
Has your child been hit in traffic? If so, your son or daughter is almost always entitled to compensation.

Children are weak road users

So what exactly is this about? Children are listed in Dutch law as weak road users. Just like cyclists and pedestrians. Only there is still an important difference.

In a child under 14, traffic insight is not yet well developed. Children are easily distracted and do not yet pay much attention to other road users. They cannot yet judge traffic situations properly or anticipate unexpected events. Very young children do not even see danger yet. As a result, they can make dangerous and unexpected decisions. Such as passing in front of a car without prior warning.

Drivers of motor vehicles must take this into account. That is why children under 14 years of age almost always get 100% compensation for all their damages. Even if they caused the accident themselves.

A child falls under weak road users in traffic.

Force majeure exceptio

There is only one exception to the rule. That is if the driver of the motor vehicle can claim force majeure. This is only possible if a child makes a traffic error that is quite unexpected. Which the driver cannot and need not take into account. However, the driver must be able to prove this. In practice, a plea of force majeure rarely succeeds in these cases.

Traffic accident between child and weak road user

Cyclists and pedestrians, like children, are weak road users. Therefore, cyclists and pedestrians are not subject to the same liability rules in a collision with a child. Is your child partly responsible for the traffic accident? And is he or she under 14 years of age? If so, age can be taken into account when apportioning liability.

Do you have questions about liability after your child has been hit in traffic? If so, please contact us.

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What damages will your child be compensated for?

When your child has been hit in traffic, many personal injury damages can occur. Damages that you and your child now face, such as:

  • medical expenses
  • travel expenses to doctor’s appointments and the physiotherapist
  • intensive nursing and care, even if you take this on yourself
  • having to repeat a school year
  • damage to his or her clothing, bicycle or mobile phone
  • pain, grief and fear, which means your child is also always entitled to damages

And then there may be future damages. These damages usually cannot be determined right away. Because your child is still growing and developing. This may be affected by the injury or accident. For example, your child may:

  • develop learning difficulties after a blow to the head
  • suffering from certain bones or joints
  • turn from a confident child into an insecure teenager because of visible scars
  • having to stop driving lessons because the traumatic experience will resurface

The actual damages usually become clear only when your child is of age. So how will future damages be determined if your child has been hit in traffic? An experienced lawyer will finalise the personal injury case with an ‘open-endedness’. Your child can then return to it if necessary.

Parents sometimes entitled to compensation

Suppose your child is left with serious and permanent injuries from the traffic accident. Then that will cause you a lot of grief. Moreover, it will also have a great impact on you and the rest of your family. For the grief of loved ones, a special compensation have been created: affectieschade. This compensation is a form of acknowledgement for your grief.

How is compensation paid?

Your child’s compensation will be paid into a special bank account. We are talking about an account with a BEM clause. This clause ensures that your child, as an adult, can decide on the money himself. You can withdraw money from this only for current damages. For medical expenses, for example. You will have to ask and get permission from the court for this.

Consequences child hit in traffic

If your child has been hit in traffic, the consequences can be severe. Depending on the severity of the injury and whether your child suffers trauma. Your child may not be able (temporarily) to:

  • take care of himself/herself: shower, go to the toilet, get dressed, etc.
  • going to school, playing outside or visiting friends

In addition, your child is in pain and sadness and may be anxious.

If your child has been hit by a car, this also has major emotional consequences for you. As are your partner and other family members. Unfortunately, you will also face financial consequences. Because the shock is great, you are not concerned with claiming compensation. That also takes a lot of time and energy. It is just very important to get a personal injury case started quickly.

Calculating compensation for a young victim is very complicated. Therefore, always opt for the help of an experienced lawyer. Do you opt for our legal help? Then your child will receive:

  • the compensation to which he or she is entitled
  • the possibility of going back on the agreement if necessary
  • free legal assistance, as our out-of-court costs are reimbursed by the other party

You can then look after your child with peace of mind. We take care of the rest.

What happened?

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Why seek legal assistance?

As a parent, you need to learn to let go of your child in traffic. Because you cannot always be there. One of your worst fears has unfortunately come true: your child has been hit by a car. This makes you sad, but also angry. It is natural that you are caught up in your emotion. Your child is in pain, may be anxious and that grieves you. This makes it emotionally tough to claim compensation. That is why it is always a good idea to hire an experienced lawyer.

With us, your child will get the right legal assistance. Our lawyers:

  • are empathetic, decisive and experienced
  • always go for maximum compensation
  • keep you informed of all developments in the personal injury case
  • are rated on average 9.7 by our clients
  • can handle your child’s case immediately

Contact us today using the contact form. Enter your name and phone number. Tell us your story. One of our lawyers will call you back the same working day.