You hope it never happens, but sometimes a car crash with your child in the car is unavoidable. If your child is injured in an accident, the damages that you can claim will depend on several factors, including whether the accident occurred due to the other driver’s negligent actions.
Proving Negligence in a Car Crash Involving a Child
In Texas, and most other states, parents are required to supply children with safety equipment that is not necessary for adults. Texas law requires that young children between 20-22 pounds or younger than 1 year of age must be secured in rear-facing seats. As children grow out of these seats, they must be placed in forward-facing seats with five-point harnesses until they weigh 40-65 pounds. A booster seat must then be used until a child is eight years old or reaches a height of 4’9,” after which adult safety belts are required. Parents who do not adequately secure their children prior to a car crash may not be eligible for full compensation due to the increased risks for costly injuries.
Filing a Personal Injury Claim for Your Child
Liability for a crash may fall on the driver of the other vehicle, or even the manufacturer of the car seat if it failed to perform its intended role during the crash. Instances of driver negligence can range from exceeding the speed limit to making unexpected lane changes without signaling. An attorney can help you decide which course of action to pursue and which damages to claim. Generally, legal guardians of children injured in car crashes may file claims for:
- Pain and suffering
- Permanent injuries
Parents may also make claims for medical bills that were paid for the child’s care, as well as damages for their own injuries. If your child has been involved in a car accident our firm may be able to help you get the most out of your claim. To learn more about your legal rights, schedule a consultation today.