Child Injury Claims: Seeking Compensation for Child Injuries Without Proper Restraints

*Collaborative Post

When children are injured in accidents without proper restraints, the consequences can be catastrophic for both the child and their family. These cases frequently entail seeking compensation to cover medical costs, continuing care, and the emotional toll. 

Usually, at-fault drivers are responsible for covering the expenses attributed to the damages of a car accident. But what happens if you fail to secure your child in a child seat and you end up in a collision? Do you still have the right to seek compensation for the injuries?

Suppose you’re in a car accident where a child is injured due to another person’s negligence. In that case, you can file a claim against the responsible driver to seek compensation for the resulting damages. However, it’s crucial to note that the at-fault driver’s insurance company may dispute or offer a reduced settlement if your child wasn’t properly secured in a child’s seat at the time of the accident. 

In this article, we will discuss the challenges of child injury claims from car accidents with improper restraints and the legal options available to seek justice and financial compensation for your child’s injuries.

Is It Illegal to Travel with a Child Without Child Seats?

In most states, traveling with a child is against the law if a safety seat or restraint device is not installed. State legislation about child safety seats differs and is frequently based on the child’s age, weight, and height. Aside from reducing the risk of harm in the case of a car accident, these regulations are designed to protect children’s safety when riding in vehicles.

For instance, in California, the Occupant Protection Law mandates the use of safety measures like seat belts and child restraints to safeguard occupants of motor vehicles, particularly young passengers. Infants under two must travel in a rear-facing car seat unless they weigh 40 pounds or more or are at least 40 inches tall.

Children under eight must also utilize a car seat or booster seat. Once a child reaches either eight years old or a height of at least 4’9″, they can use a booster seat or solely rely on wearing a seat belt.

Using the proper restraint system for their child’s age, weight, and height when driving is crucial, and parents and guardians should be aware of the state’s regulations on child safety seats. In addition to promoting legal compliance, this safeguards children’s safety.

Can I Receive Compensation for My Child’s Injuries in a Car Accident?

Generally, victims of car accidents can file a personal injury claim to receive compensation for the damages. However, this can only be viable if the crash stems from another driver’s negligence, it results in damages, and you have sufficient evidence to prove it. 

So, if your child sustains injuries in an accident caused by a negligent driver, they may be held accountable for the resulting damages, regardless of whether a child seat was utilized.

In several states, a driver’s failure to employ a child safety seat cannot be used as evidence in court. Typically, the individual responsible for the collision will be liable for all losses from the child’s injury.

However, when pursuing a claim against the at-fault driver, sufficient evidence must be presented to demonstrate their liability for causing the car crash. Otherwise, you may be responsible for covering the expenses of damages and may face legal repercussions for not utilizing a child seat.

How to File a Claim for Child Injuries Without Proper Restraints

While it is straightforward to file a claim against the at-fault driver, it becomes complicated if other factors may have influenced the severity of the damages incurred in the crash, such as failing to use a child seat.

However, there are steps you can take to help you smoothly navigate the legal process and receive the compensation you deserve.

Seek Medical Treatment

Remember that you can only file a car accident claim if you or your passengers incurred injuries and other damages in the crash. So, you can’t claim compensation without proof of injuries due to the collision.

This is why you and your passengers must receive the medical treatment you need right after the car accident. Aside from securing your well-being, this will also safeguard your rights to compensation.

For instance, you were traveling with your child in Oakland. Unfortunately, a drunk driver hit you. At the time of the crash, you failed to secure your child in a safety seat, and they ended up being injured in the crash. If you weren’t able to have your child’s injuries diagnosed, the insurance company may insist that the injuries should not have been so severe if you used a seat or contend that their injuries didn’t stem from the crash.

In this case, an Oakland car accident lawyer can defend your case by advising on the appropriate medical treatment and documentation to prove your child’s injuries. 

Gather Evidence

After seeking medical attention, gathering extensive evidence from the accident scene is crucial to bolstering your car accident claim. This evidence plays a vital role in supporting your case. So, consider doing the following to justify the cause and damages of the crash:

• Capture photographs of the accident scene.
• Document the vehicle damage, road conditions, and any pertinent signage or traffic signals.
• Obtain video footage from dash cameras or surveillance cameras in the vicinity, if accessible. 
• Collect contact information from witnesses and solicit their testimonies to corroborate your version of events. 
• Request a copy of the police report containing crucial details that can strengthen your claim.

File a Police Report

While it might not be mandatory in every circumstance, submitting a police report can accelerate the claims procedure and provide essential documentation for your case. These reports usually contain factual data and expert insights regarding the accident, enhancing the strength of your claim. For instance, it can show the violations committed by the driver that may have led to the crash.

Furthermore, some jurisdictions mandate that drivers report accidents leading to injuries or substantial property damage. So, it’s prudent that you notify law enforcement promptly and cooperate fully. Neglecting to report the accident promptly could introduce complications and potentially undermine your claim.

Contact a Car Accident Lawyer

The truth is that a driver’s failure to utilize a child safety seat can’t serve as admissible evidence in court. Generally, the party accountable for the collision will bear responsibility for all damages resulting from the child’s injury.

However, not everyone is aware of this. Hence, they settle for a reduced settlement if the insurance provider insists that they are partially at fault for their child’s injuries.

A car accident lawyer can justify the negligence of the other party liable for the accident and assess the overall damages resulting from the collision, thereby increasing your chances of obtaining compensation.

Legal representation can bring you peace of mind in a challenging and taxing situation. Car accidents, especially those involving your children, can be unpleasant experiences, and dealing with the aftermath alone can aggravate emotions of fear and uncertainty. If you hire a competent attorney, you can focus on your and your child’s recovery and well-being while knowing their legal interests are protected.

Final Thoughts

Loving parents and guardians will always do their best to protect the safety of their children. However, unforeseen accidents may still arise due to someone else’s negligence. In a car accident resulting in your child’s injuries, you may seek justice by receiving just compensation covering the damage expenses. Regardless of whether you used a child seat, you should still be entitled to compensation if another driver causes the crash. A car accident lawyer can help protect your rights and guarantee the maximum compensation you deserve. 

*This is a collaborative post. For further information please refer to my disclosure page.