What are the Legal Rights of the Child Injured Due to Another Driver’s Negligence?

Auto Crash.001As parents, we do our best to protect our children from harm. As part of regular every day life, children are transported to and from school, sport practices, and other activities. It is common to see children in vehicles before and after school as well during the school day while attending field trips and other school related activities. Unfortunately, there are far too many drivers on the road who fail to pay attention to traffic, road conditions, weather, and, yes, the presence of children in passenger vehicles, school buses, day care center vans, and other vehicles.

When a child is injured as a result of the negligence of another driver, the parents on behalf of the child can pursue a personal injury claim or case. Certainly, as a passenger, there can be no fault attributed to the child passenger; however, it should be noted that only children under the age of 6 years old are immune from being blamed in part or whole for his or her actions. As such, let’s say a 12 year old is a passenger in a vehicle but fails to wear a seatbelt. The 12 year old may be blamed in part for the personal injuries if it can be established that there was an operational seatbelt and that the use of a seatbelt would have prevented the injuries in the entirety. If the seatbelt would have lessened the injuries, then a case or claim can still be pursued. In most instances, a child is wearing a seatbelt and this particular issue is avoided due to the child’s reasonable actions in wearing a seatbelt.

Moving beyond potential seatbelt issues, it is important that the injured child receive immediate care through an emergency room, urgent care center, clinic, or pediatrician’s office. From there, if the child is still experiencing pain and / or other medical complications, follow up care should be sought and obtained on behalf of the injured child. Handling a personal injury case or claim is not an easy task or endeavor. This is especially true when the parent is dealing with the challenges or issues on his or her own without the benefit of legal advice or legal representation. As such, when a child is injured, it is important to consult with a Child Injury Lawyer who can provide the necessary guidance, direction, and, yes, legal representation when the injuries warrant the involvement of an attorney.

For most automobile accident personal injury cases, there are essentially four elements to prove or establish:

1 – Duty;
2 – Breach of Duty;
3 – Causation; and
4 – Damages

There is a duty to operate a motor vehicle in a safe and reasonable manner. This duty can be breached if a driver is exceeding the speed limit, violating the right of way of another driver, following at an unsafe distance, or otherwise driving in an unreasonable or unsafe manner. If the negligent driving then causes a crash, this would then help establish the third element of causation which is also related to the damages or injuries resulting from the crash.

David A. Wolf is an attorney with over 26 years of experience. He is the author of a number of books that focus on personal injury and child injury matter including the book titled – When the Wheels Stop Spinning – Legal Rights of the Injured Child – What Parents Need to Know After the Accident. This book has chapters on Automobile Accidents, Bicycle Accidents, Pedestrian Accidents, Wrongful Death, and other topics. You can get this book for free at When the Wheels Stop Spinning.