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Dart Out Case

By Allen Flatt Ballidis & Leslie on September 11, 2021

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Children are back in school again and most of them are attending in person.  This is a good time to call your attention to a type of accident called a “dart out.”  This is when a child unexpectedly darts out into the path of a moving vehicle. Who is at fault in this situation?

The driver of the vehicle is required to be traveling at a safe speed for the conditions but no one can anticipate a child darting out from 2 parked cars where the driver never saw the child before it appeared in front of the vehicle.  You can see a situation where a parent is dropping children off at school, lets go of the child’s hand for a second while he or she wrestles backpacks and school supplies out of their car and the child darts out at that moment.  This type of situation can be complicated.

Not only does the child have a potential claim, the parent may have a claim as well.  Under case law, Dillon vs. Legg, a parent may suffer damages from seeing their child injured.  Even though the parent did not suffer physical injuries, the emotional trauma of seeing their child injured can result in recoverable damages.

You need a highly experienced law firm like Allen Flatt Ballidis & Leslie to help you in this type of situation.

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