My child was hit by a car

When your child is hit by a vehicle, your world comes to a standstill. Whether it’s a collision with a car, a cyclist or a racing cyclist, the shock is immense and the worries are often just as great. Alongside the emotional impact, the question soon arises as to what this means legally and whether you are entitled to compensation.

In many cases, your child is indeed entitled to compensation. The law provides children with extra protection on the roads, precisely because they are more vulnerable and less able to assess dangerous situations.

Child hit by a vehicle: what does the law say?

Children are regarded as vulnerable road users. Drivers of motor vehicles must therefore take particular care to account for their unpredictability. This is not only logical, but also required by law.

In principle, children under the age of 14 are entitled to 100% compensation if they are hit by a motor vehicle, such as a car or a motorbike. Even if the child acted unexpectedly, the driver is almost always liable.

Child aged 14 or over hit by a vehicle

Is your child 14 years of age or older at the time of the accident? If so, the situation is slightly different. In that case, you are still entitled to compensation, but at a minimum of 50%. The exact amount depends on the circumstances of the accident and the degree of liability.

The following questions are being examined:

• Who committed the traffic offence?
• Could the driver have prevented the accident?
• To what extent did your child’s behaviour contribute to the accident?

Even for older children, the compensation may therefore exceed 50%, depending on the circumstances.

Child hit by a car

If a child is hit by a car, as a parent you are almost always entitled to compensation. This applies, for example, if your child is hit whilst crossing the road, cycling or playing near the road.

As a car is regarded as a high-risk motor vehicle, liability usually lies with the driver. In many cases, 100% of the damage is compensated, particularly where young children are involved.

Accident involving a child and a cyclist

What if your child is hit by a cyclist? In that case, both the child and the cyclist are considered vulnerable road users. The assessment of liability then depends heavily on the circumstances.

The following are being considered:

• the conduct of both parties
• the scene of the accident
• speed and visibility
• any traffic regulations that have been breached

You may also be entitled to compensation following an accident involving a cyclist, although this depends more on the circumstances than in the case of a car accident.

Child hit by a cyclist

A collision with a cyclist can have serious consequences, particularly given the high speeds often involved. In practice, it turns out that parents are more often entitled to compensation than they realise.

Even if the cyclist rode off after the accident, it may still be possible to claim compensation. We will examine liability, witness statements and other available information to safeguard your rights.

What types of damage are eligible for compensation?

In the event of a road traffic accident involving a child, the following may be considered, amongst other things:

• medical expenses
• costs for physiotherapy or support
• missed school time or learning difficulties
• travel expenses
• smart money
• future loss

Damage that only becomes apparent later can also be taken into account.

Always one assessment per case

Every road traffic accident involving a child is different. There are no fixed rules that apply in the same way in every situation. That is why a personal assessment is essential.

Has your child been hit by a car, a cyclist or a racing cyclist, and would you like to know what you’re entitled to? Please feel free to contact us. We’ll assess the situation carefully and with no obligation whatsoever. That way, you’ll quickly know where you stand and can focus on what really matters: your child’s recovery.