Chester County Unintentional Injury Representation  

Child & Teen Unintentional Injury Representation  

Unknownst to many across the US, there is a period in the summer months known as the “100 Deadliest Days.” According to USA Today, which gives travel tips, more accidents of all types occur during this period. Many of these accidents are vehicle-related, but there are several other types, such as drowning and amusement part accidents. 

In younger children, drownings occur more frequently, while in teens and young adults, vehicular accidents are the cause of life-changing injury and even death. Vehicular accidents are common in tourist spots such as Chester County, as it is famous for its historical attractions, such as the Battle of Brandywine site and botanical gardens. 

The lodging accommodations are superior, and the love of horses and other livestock brings a great deal of tourism to Chester County in the summer. Wineries are also popular, and the tone of Chester County is very relaxed with hamlets and villages. 

With the county’s roots starting in the 1700s, a concerted effort exists to preserve the small village feel and friendliness. A trip through Chester County usually results in multiple return visits, especially with the quaintness and covered bridges. This draws families, teens, and young adults to the area. 

With all that said, like all tourist spots, the rates of accidents increase during the summer. According to the CDC, everything from minor to major vehicle crashes and drownings seems to dominate Unintentional injury is the term used by the legal profession.  

personal injury, medical injury, accidents

How are Child and Teen Unintentional Injuries Litigated? 

Since minors cannot by law retain an attorney, it falls to the parents or guardians of anyone underage. If over the age of 18, anyone injured can bring a lawsuit, as this is a legally binding contract between an attorney and client. 

Certain aspects must be considered, however to successfully bring a case of unintentional injury to fruition. 

  • Age when injured 

under the “age of majority” (18), the individual bringing the lawsuit must be the legal parent or guardian. A friend, neighbor, grandparent, etc., if NOT the legal guardian, cannot bring a negligence lawsuit.  

  • Amount of neglect 

Were most safety measures followed, and yet an injury occurred? If these were, it makes it harder to prove or win a case as this is a mitigating circumstance that favors the defendant. Actual neglect wins more cases, but this should not be determined by the parent or legal guardian. 

Only a qualified attorney with years of practice should be contacted, as unintentional injury to a child or teen can entail litigation against an insurance company or a private party. The same spectrum of damages and what is called “notion of care” or “duty of care” applies to public and private entities. Parents who host a party or event where a child becomes injured must take great care in supervision and ensuring safe premises. 

  • Separation of compensation 

Parents and guardians can also be compensated many times for medical bills, both present and future. The child can be compensated for injuries now and in the future. 

Childhood unintentional injuries can run the gamut as children have rights to compensation, but so do parents. It does become complex. 

  • Statute of limitations

Pennsylvania has its own timeframe for filing for negligence injuries, as do all states. Children may fall, slip, or become injured in another way and neglect to inform their parents. When in an accident, if partially at fault, teen drivers will often not report injuries to parents. 

  • Mitigating circumstances

This happens most often with teens who are still underage. Their behavior can be reckless and sometimes involves drug or alcohol use. This does not mean that some type of neglect didn’t occur, but an aggravating circumstance by the plaintiff does make winning a negligence lawsuit more difficult. 

An example of this is a teen driver who accidentally has a traffic accident while running a red light. Or a teenager jumping into a lake with signs clearly posted that state, “NO SWIMMING.”

Many parties, both plaintiff and defendant, might be somewhat at fault in these complex cases. 

  • Aggravating circumstances

The abject disregard for a “duty of care” would constitute an aggravating circumstance and make a civil neglect case easier to win. Whether at a public park or at a private residence, carelessness in keeping the premises safe from accidents is a huge factor in a courtroom. 

Outright negligent upkeep will win awards quickly, most times for plaintiffs who are injured as well as the parents or guardians.

Summary—Child and Teen Unintentional Injury Representation  

A child or teen who is injured is usually unintentional. However, there are many distinct components to the pursuit of this type of injury claim. Timelines must be followed, and children may be asked to testify. This absolutely demands a seasoned negligence attorney such as Christian J. Hoey, ESQ, of Paoli, PA. 

When a child or teen is unintentionally injured, a plaintiff “can’t afford to lose.” Call for a free consultation immediately: 1-800-GOHOEY1. The team at Hoey Legal will ensure that all facets of this type of complex case are covered completely. Remember, Christian J. Hoey is on the side of his clients 100 percent.

For more information on all our law services, visit us at or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.


The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.


At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.


Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.


Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer


Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.


Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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