AMERBERG LAW GROUP
received a $1.25 million settlement
A small toddler dashes into the roadway. According to the insurance company, our client, a 5-year-old child, dashed out into the street, and the collision was unavoidable.
However, using skilled accident reconstruction, we were able to demonstrate that it could have been avoided. Justice was done, and we were able to obtain all of the policy limits that were available.
Pedestrian accidents involving children raise particular challenges, since insurance companies often argue the child was primarily at fault for entering the roadway. California law weighs the duty of care differently for young children, and accident reconstruction can often establish that a collision was avoidable even when a child unexpectedly enters traffic. Even when a young child unexpectedly enters the roadway, a driver's duty to remain alert and react safely doesn't disappear, and that duty is often central to establishing liability.
Past results do not guarantee or predict a similar outcome in any future case. Every case is different, and the amount of compensation recovered depends on the specific facts and circumstances involved.
