child safety from car accidents

Motor Vehicle Accidents Involving Children in Car Accidents!

More than 35000 people die in road car crashes every year, and approximately more than 91,000 children are severely injured. Around 38 per cent of the children aged below 12 died since they were not buckled up. The car seats are the major preventive measure that parents use to minimize the chances of fatal injuries during a car accident.

Between 1975 and 2017, approximately 11,606 children were saved from serious injuries by using the booster seats. 

The car accidents and children:

Suppose the child is properly restrained, but the strap failed to restrain the child and they were thrown from the seat. In that case, the expert, appointed by your personal injury law firm, examines and tests the seat and strap to see if the injury was due to the design or manufacturing defect. 

The seat ejection can cause a high risk for traumatic brain injuries and broken limbs with immense pain. 

If the seat could restrain the child during a car accident, it does not mean that the child is free from any injuries. In addition, since the toddler is incapable of expressing pain, the pediatrician or the physician can also check for a concussion or head trauma that might occur months later. 

For the injuries to the child caused by the third party’s negligence, be it car seat manufacturer or the other driver, you can always claim your rightful compensation for so. 

An affordable personal injury lawyer will investigate all possible factors and the guilty parties in any serious car or other personal injury accident. The personal injury law firm will also help you get your rightful claim for the following expenditure and bills-

  • Emotional trauma
  • Diminished quality of life
  • Permanent disabilities
  • Pain and suffering
  • Effect on future earning capacity
  • Past and future medical expenses
  • Future damages for lost earning capacity, rehabilitation, ongoing medical care. 

Car Seat Requirements in Alberta:

Alberta law requires that children under eight years of age or 57 inches in height have a child safety device. The Academy of Pediatrics has recommended that parents ensure that the child’s safety belt is not based on height and weight alone. Generally, children under 13 with a height below 57 inches should never ride in the front seat. 

If you are unsure about the car seat, you must visit your local police department to have personnel check it for you.

Pursuing a Claim on Behalf of a Child:

A child under 18 usually cannot file a lawsuit, but a parent or legal guardian can file a lawsuit on the child victim’s behalf if the legal guardian recovers, the funds received as a personal injury compensation must be in a trust for the child’s benefit. 

If the accident leads to the child’s death, the parent should file a claim against the negligent party. Damages for a wrongful death lawsuit include loss of future income,  medical expenses, funeral expenses, pain and suffering and emotional distress.

Proving Negligence:

Theory of negligence requires showing that the defendant owns a duty to the child victim and breached this duty, which resulted in injury to the child.  The duty involves that the defendant act with the ordinary care expected of a prudent person. 

For instance, in an automotive accident,  the duty of care is to drive with the same care exhibited by other reasonable motorists in the same conditions. To seek more information, contact a good personal injury law firm and understand your rights and claims.

Leave a Comment

Your email address will not be published.

Call Now Button