Driving Near Children
Children are unpredictable to say the least. One second they may be sleeping quietly on the couch and the next they may be imitating a wrestling move and dropping a flying elbow on grandpa from the top of the couch. One simply never knows what a kid will do next, probably because the child itself has no idea what may next strike its fancy. Tennessee law recognizes the unpredictable nature of children and has accordingly held that drivers must keep this nature in mind as well.
A motor vehicle operator who encounters children on the roadway or knows they are or are likely to be present in the area must anticipate that children may act upon childish impulses and take the appropriate precautions. Where one knows that children are present, it should come as no surprise that a child may chase a ball into the road, engage in some activity such as playing or running that makes the child accidentally fall into traffic, or suddenly decide that he or she is a superhero who wishes to exercise his or her powers to stop moving vehicles. The possibilities for how a child may end up in front of an approaching vehicle are literally as varied as a child’s imagination. Thus, drivers must be on the lookout when children are near and drive in such a manner so as to make it possible to avoid sudden obstacles in the roadway.
Where children are present, simply slowing down may not be adequate to insulate a driver from liability for negligence. Drivers may also be required, depending on the circumstances, to any extra precautions that a reasonably prudent driver would. For example, a driver who sees children in his or her neighborhood playing near the right-hand side of the road may be under a duty to drive closer to the left-hand side of the road if there is no approaching oncoming traffic in order to avoid endangering the children. Generally, driving at a safe speed and keeping a vigilant lookout would probably constitute reasonable conduct, but drivers should always be aware that this is not always sufficient if a reasonable driver would be more careful.
Because children are so unpredictable and may not be aware of approaching vehicles, Tennessee puts the burden on drivers to recognize when children are present and to take extra care when children are nearby. Given that a child can unpredictably end up in front of oncoming traffic in a split-second, this is definitely a situation where a driver is better safe than sorry. Take extra precautions around children in order to avoid a disastrous situation and becoming the defendant in a personal injury lawsuit in Tennessee.
Source: Wolfe v. Hart, 679 S.W.2d 455 (Tenn. Ct. App. 1984).
