Car crashes are an unfortunate reality that many individuals experience at some point. They can lead to injury, damage to property, and emotional distress. When a child is involved in a car crash as a passenger, there are factors to consider when pursuing a personal injury claim. In this article, we will explore these factors. Offer guidance for parents and guardians who find themselves in this circumstance.
If you’re feeling lost after a car accident involving your child in Fresno, there are companies out there that can help. Some of these companies offer free consultations like Kuzyk Law of Fresno, California, which means they’ll talk to you about your situation without charging you any money. This can be a big relief when you’re already dealing with so much. So, don’t hesitate to reach out and get the guidance you need during this challenging time. They can help you understand what steps to take and support you in making the best decisions for your child.
1. The Responsibility of Care
In an injury claim, the responsibility of care refers to the obligation that all drivers have to behave in a manner that doesn’t endanger others. This responsibility extends to all passengers, including children. If a driver fails in this duty and causes an accident, they can be held accountable for any resulting injuries sustained by child passengers.
2. Laws Regarding Child Restraints
Ensuring the safety of children is paramount when it comes to car accidents involving passengers. Each state has regulations concerning child restraint systems, like car seats and booster seats, based on the child’s age, height, and weight. These laws aim to protect in case of an accident.
If a child gets injured in an accident and is not adequately restrained as per the state laws, it could impact the outcome of an injury case.
3. Determining Fault
Deciding who’s at fault in a car accident that involves child passengers can be complicated. Sometimes, it’s evident that one driver bears responsibility for the accident. However, multiple parties may share the blame in some situations, like when both drivers contribute to the collision. Moreover, if a flaw in the design or manufacturing of the vehicle played a role in the accident, the vehicle manufacturer might also be held accountable. Thoroughly investigating the incident is crucial to identify all parties.
4. Special Considerations for Minors
When pursuing a personal injury claim on behalf of a child passenger, there are some factors to consider. Firstly, minors cannot file lawsuits in their names; instead, a parent or guardian must act as their ” friend” or “guardian ad litem” to bring forth the claim on their behalf. This person will be responsible for making decisions on behalf of the minor.
Secondly, any settlement or compensation granted in an injury case involving a child needs approval from a judge. It is important to take measures to ensure the protection of the child’s interests and uphold fairness. The judge will examine factors such as the child’s injuries, long-term effects, and anticipated medical treatments in order to make a fair determination.
5. Compensation for Children Riding in Vehicles
When an injured child is involved in an injury case, they may be entitled to compensation for damages. These damages can include expenses, emotional distress, pain and suffering, loss of future earnings, and any long-term disabilities resulting from the accident. It is crucial to provide documentation and evidence to establish the extent of harm caused to the child.
6. Time Limitations
Being aware of the time limitations for filing an injury claim involving a child passenger is essential. The statute of limitations refers to the timeframe within which a claim must be filed. In states, this timeframe does not start until the child reaches 18 years old in cases involving minors. However, consulting with an attorney specializing in the laws of your jurisdiction is always advisable to understand deadlines.
When pursuing an injury claim related to car accidents involving children as passengers, special considerations need to be taken into account.
When it comes to dealing with accidents involving children, there are factors to keep in mind. These include the duty of care laws regarding child restraints determining fault, special considerations for minors, compensation, and the statute of limitations. It’s crucial to seek guidance from a personal injury lawyer who can assist you throughout the process and ensure that the child’s rights and well-being are appropriately safeguarded.