Because schools are hectic places, the risk of an accident is unacceptably high. Many parents fear receiving a phone call from a school informing them that their child has been injured. But this is a real possibility with so many vehicles pulling in to drop off children in the morning or to pick them back up in the afternoon.
Ball, Kirk & Holm, P.C. can help parents whose child is injured in a school zone accident. We realize you probably have many questions, so we offer a free consultation to those who reach out following a tragedy. Call us to speak with a Des Moines car accident lawyer in a confidential setting.
Laws Which Apply to School Zones
School zones are jammed with hundreds of children each morning, either walking to school or stepping off buses. Other children are dropped off by their parents. Unfortunately, having this many children around increases the odds of a crash, as harried parents try to get away to work as quickly as they can.
Iowa has increased enforcement in school zones. Any traffic infraction, such as speeding, is serious. A motorist can incur points on their record for speeding in a school zone and end up paying a fine.
Notably, refusing to stop for a school bus with its lights activated is a serious criminal offense in Iowa. And some motorists can get stopped in a school zone trying to scoot around a stopped bus which has its arm extended and lights on.
If your child is struck in an accident, the driver might have committed a crime. In any event, an injured child has certain legal rights to compensation for the injuries they suffered if the driver failed to use reasonable care. Contact our law firm to discuss this in more detail. Although children cannot file their own lawsuits, we can negotiate a settlement on behalf of your family.
What Causes Collisions in a School Zone?
There are some recurring reasons for these collisions:
- Distraction. A motorist can be distracted by their phone or passengers. Others are distracted by the sheer number of children running toward the school.
- Reduced visibility. Parked cars can block a motorist’s view as they pull up to a school. In particular, a driver might not see a child getting ready to step off the curb.
- Failing to yield. Some drivers are in a hurry, so they do not yield as required, especially to children in a crosswalk.
- Speeding. A parent trying to get to work might drive too quickly, which robs them of time to brake when a child steps in front of them.
Sometimes a child contributes to their own accident, so we might as well mention that here. Children also need to be careful, and a driver might not be liable if a child jumps right in front of a vehicle.
Steps if Your Child is Hurt in an Accident
You might be at school when a child is hit, or you are at home or work when you get a call. We recommend the following steps:
1. Ensure your child’s safety. Head to the hospital with them, even if your child was hit at a low speed and claims to be “fine.” Some serious, life-threatening brain injuries could slowly develop and you should have your check checked out immediately.
2. Identify witnesses, if you can. Do you know any parents or school employees who saw the accident? Make a note of them. Your lawyer might talk to them later.
3. Report the accident to the police. The school might call the police for you, or you can call using your cellphone.
4. Exchange information with the at-fault driver. Get their name and contact number, for now. You can reach out to them later, once you have taken your child to the hospital.
5. Keep records of your child’s medical care. We use them to build a case for compensation to cover medical care, pain and suffering, and other damages.
6. Consult an experienced Des Moines car accident lawyer. Children can receive a settlement, but you need a lawyer who knows the correct process. Iowa judges oversee settlement because minors cannot agree to their own contract, and an accident settlement is a type of contract.
Our office is available for a free consultation to dig into greater detail about what happened. Some children are struck in a crosswalk, while others are hit as soon as they step off the bus.
A Child’s Right to Compensation
Any child hit could end up suffering serious injuries. Because of their small stature, children could experience the brunt of force in their upper body, possibly even their heads. These are serious collisions, and your child could be rushed to the emergency room.
Like adults, children have a right to compensation when a negligent or reckless driver strikes them. Our office can review the evidence to determine the strength of your legal case.
For example, multiple witnesses might have seen the driver fail to stop or break in time to avoid hitting your child. The driver might also admit to not watching where they were going.
In other cases, the driver will blame your child for darting in front of the vehicle. Some important factors include whether your child was in a crosswalk when hit.
Speak with a Car Accident Attorney in Des Moines, Iowa
School zones are hectic places each morning, and your child deserves to feel safe. When the unthinkable happens, it’s time to schedule a meeting with a Des Moines law firm. Ball, Kirk & Holm can meet to go over what you know about the accident and your child’s injuries. It is never too early to call. We can answer questions and provide guidance about what steps to take in the coming weeks and months.
Although we have offices in Waterloo and Iowa City, we can travel to meet you, within reason. And we are always available 24/7 for our clients. Schedule your free consultation today.