A morning hit-and-run inFair Lawn, New Jersey, sent a 5-year-old child and a 47-year-old woman to the hospital on August 11, raising difficult questions about what happens when a pedestrian is seriously injured and the driver leaves the scene.

According to Patch, police responded shortly after 6:30 a.m. to Broadway and Fair Lawn Parkway, where the woman and child had been struck by a vehicle. The woman reportedly suffered minor injuries, while the child sustained serious injuries.

The Bergen County Prosecutor's Office later announced the arrest of a 67-year-old Fair Lawn woman, who was charged with third-degree knowingly leaving the scene of a motor vehicle accident resulting in serious bodily injury.

The criminal case will proceed separately. For the injured family, however, there are immediate civil and insurance questions: Who pays the medical bills? What insurance applies after a hit-and-run? And how is a personal injury claim different when the injured person is a child?

If you or your child was injured by a vehicle in Bergen County or elsewhere in New Jersey, Khorozian Law Group can help you understand your legal options. Call (201) 944-9200 or contact us online for a FREE consultation. Hablamos Español.

A recent Fair Lawn hit-and-run involving a 5-year-old child highlights the serious risks pedestrians face on New Jersey roads and the insurance questions families may face after a crash.

A Hit-and-Run Doesn't Mean There Is No Injury Claim

When a driver leaves the scene, victims sometimes assume there is no one to pursue for compensation. That isn't necessarily true.

If police identify the driver—as authorities say occurred in the Fair Lawn crash—an NJ injury attorney can investigate the driver's liability coverage and other insurance that may apply.

Even when the driver cannot immediately be identified, insurance options may still exist. In a New Jersey hit-and-run accident, uninsured motorist coverage can become particularly important when the responsible vehicle cannot be identified or the driver lacks applicable insurance.

Identifying the driver is therefore only one part of the investigation. Identifying every potential source of insurance coverage can be equally important.

A Serious Car Accident Involving a Child Requires a Different Look at Damages

A five-year-old is not simply a smaller adult.

When evaluating car accidents involving children, the consequences may extend far beyond the first emergency room visit. A serious injury can potentially affect physical development, mobility, schooling, emotional health, future treatment needs, or a child's ability to participate in activities as they grow.

That matters when determining the value of a personal injury claim.

Hospital bills and treatment already received are important, but they may not tell the entire story. When a child suffers a significant injury, doctors may need time to determine whether there will be permanent limitations or additional treatment in the future.

Settling before that medical picture becomes clear can make it difficult to account for consequences that may not yet be fully known.

Who Pays the Medical Bills When a Pedestrian Is Hit by a Car in NJ?

This is one of the areas where aNew Jersey car accident claim can become surprisingly complicated.

New Jersey's Personal Injury Protection, commonly known asPIP, can pay qualifying medical expenses regardless of who caused an automobile accident. When the injured person is a pedestrian, determining which policy is responsible for PIP benefits can depend on the person's circumstances and available automobile coverage.

That is separate from a bodily injury claim against the driver responsible for the collision.

In a serious pedestrian accident, there may therefore be more than one insurance issue to resolve: coverage for medical treatment now and a potential liability claim for the broader harm caused by the accident.

What Compensation Could Be Considered When a Child Is Seriously Injured?

Every case is different, but a claim involving a seriously injured child may need to consider:

• Hospital and medical expenses;
• Rehabilitation and therapy;
• Future medical treatment;
• Pain and suffering;
• Permanent injury or impairment;
• Scarring or disfigurement, when applicable;
• Psychological and emotional effects; and
• Other accident-related damages supported by the evidence.

Future damages can be particularly important with young children because there may be many years ahead in which an injury could affect their lives.

That is one reason families should be cautious about evaluating a settlement based only on the medical expenses accumulated during the first weeks or months after a crash.

Police Found the Alleged Driver. Why Does Evidence Still Matter?

An arrest is important, but it does not automatically resolve the family's personal injury case.

The criminal prosecution and the civil injury claim are separate matters.

A personal injury lawyer in NJ may still need to obtain and preserve evidence showing how the crash occurred, who was responsible, what insurance coverage exists, and how seriously the victim was injured.

In a hit-and-run investigation, that evidence can include:

• Police reports;
• Surveillance footage;
• Traffic or security cameras;
• Dashcam recordings;
• Witness statements;
• Photographs of the scene;
• Vehicle damage;
• Medical records; and
• Insurance information.

Video evidence can be especially important because footage from nearby homes or businesses may eventually be overwritten. The steps taken immediately after a car accident can therefore affect what evidence remains available later.

What If the Hit-and-Run Driver Has Little or No Insurance?

Finding the driver doesn't necessarily mean there will be enough liability insurance to cover a serious injury.

If the responsible driver is uninsured or has insufficient coverage, other insurance may need to be investigated. Depending on the facts and the applicable policies, uninsured or underinsured motorist coverage may become part of the analysis.

This can be particularly significant when injuries require surgery, lengthy rehabilitation, or future medical care.

An experienced accident lawyer in NJ can review the available policies rather than relying only on what one insurance company says is available.

Are Pedestrian Accidents More Serious for Children?

Children are among the most vulnerable road users because they have virtually no physical protection when struck by a vehicle.

We've previously discussed why children injured in pedestrian and bicycle accidents across New Jersey can face particularly serious consequences. A collision that might cause vehicle damage in a traditional car crash can instead transfer that force directly to a pedestrian's body.

For a young child, fractures, head injuries, orthopedic injuries and other trauma may require continued monitoring even after the initial emergency treatment ends.

The August 11 Fair Lawn crash is a painful example of why drivers must remain alert for pedestrians, especially around intersections and heavily traveled local roads.

FAQs About NJ Hit-and-Run and Child Pedestrian Accidents

Can you sue a hit-and-run driver in New Jersey?

Potentially. If police identify the driver, an injured pedestrian may be able to pursue a personal injury claim involving the driver and applicable insurance coverage. The available claims depend on the circumstances of the collision.

What if police never find the hit-and-run driver?

That does not automatically mean there is no potential insurance recovery. Depending on the circumstances and applicable policies, uninsured motorist coverage may become relevant when the responsible vehicle cannot be identified.

Can parents pursue a personal injury claim for an injured child?

Because a minor cannot independently handle a personal injury claim, a parent or guardian may pursue the claim on the child's behalf. Claims and settlements involving minors can also involve protections and procedures that differ from ordinary adult injury cases.

Who pays a child's medical bills after a pedestrian accident?

It depends on the family's circumstances and available insurance. New Jersey PIP benefits may be relevant to medical expenses, while a separate bodily injury claim may potentially be pursued against an at-fault driver.

Does an arrest mean the driver is automatically liable for the child's injuries?

No. Criminal charges and a civil personal injury case are separate proceedings. The police investigation and criminal case may provide important evidence, but liability, damages and insurance coverage still need to be addressed in the civil claim.

What if the child seems fine after being hit by a car?

Some injuries are not immediately obvious. After a pedestrian collision involving a child, obtaining appropriate medical evaluation is important even when symptoms initially appear limited. Families should also follow the treating physicians' recommendations regarding follow-up care.

Should parents accept an insurance settlement quickly after their child is injured?

A quick offer should be evaluated carefully, particularly after a serious injury. Before resolving a child's claim, it may be important to understand the diagnosis, prognosis, future treatment needs and whether any permanent effects are expected.

How long do you have to file a personal injury claim involving a child in New Jersey?

Claims involving minors can have different timing considerations than claims involving adults. Families should obtain advice about the deadline applicable to their specific circumstances rather than assuming the ordinary personal injury deadline applies in exactly the same way.

What the Fair Lawn Crash Means for Bergen County Families

This crash happened here in Bergen County, and it combines several of the most difficult issues that can arise after a motor vehicle accident: a pedestrian collision, a seriously injured young child and a driver accused of leaving the scene.

The arrest may answer the question of who police believe was driving. It does not by itself answer who will pay the medical bills, how much insurance is available, whether additional coverage applies, or what the child's long-term injuries may ultimately mean for the family.

Those are the questions that become part of the personal injury claim.

If you or your child has been injured in a car accident, pedestrian accident or hit-and-run in New Jersey, contact Khorozian Law Group for a FREE consultation. Call (201) 944-9200 or contact us online. Hablamos Español.