Most parents have a natural desire to protect their children from danger. You don’t want your child to get a cut while playing at the park or to catch the flu from a classmate. Though it is important to try to protect your child from these little risks in life, it can be a parent’s worst nightmare to imagine your child suffering from a serious or life-threatening injury. For instance, motor vehicle accidents pose a serious risk to children as a leading cause of death and are responsible for nearly 150,000 annual injuries.1
Car Accidents and Children
In the United States car accidents are a large contributing factor to the number of annual deaths and injuries children sustain. There are steps that an reduce the danger riding in a car poses such as using car seats, booster seats, and seat belts, but reports indicate that due to unsafe vehicle practices the risk of serious injury remains high. According to the Centers for Disease Control and Prevention, each year more than 600,000 children under the age of 12 ride in automobiles, but do not use seat belts or safety seats.
Recovering on Behalf of Your Child
In the unfortunate circumstance that your child is injured in a car accident, filing a lawsuit as a guardian ad litem may be the best way to pursue fair compensation for your child, in the event that an out of court settlement is not reached. A guardian ad litem is just a term used to depict a legally appointed representative of the well-being and interests of a minor, in most cases this will be a parent.2 The lawsuit with still require the same proof of liability in order to pursue compensation for the injuries or for pain and suffering. It must be proved that as a driver there was a duty of care owed to others, including minors, and that there was negligent conduct that directly caused the auto accident such as not operating the car with usual care or driving without the expected standard of skill. The determination of liability and negligence also hinges on factors such as the characteristics of children and location of the accident. For instance, if an accident occur in a school zone or public park where children are known to be present or playing, the driver is expected to not create an unreasonable risk of harm, driving at excessive speeds in these areas would present a reasonably foreseeable risk.3
Contact an Experienced St. Louis Car Accident Lawyer for a Free Consultation
If your child was injured during a car accident it is important to discuss the circumstances of the crash with an experienced auto accident attorney who can help you to determine what claims should be filed in order to protect your child’s legal rights and interests. To contact an auto accident attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.
LET US GET STARTED ON YOUR ST. LOUIS CAR ACCIDENT CASE TODAY
If you or someone you care about has been seriously injured in an auto accident, contact The Bruning Law Firm today. We provide the comprehensive, professional legal representation you deserve at a time when you need it most.
Call or contact our office online today to schedule a free consultation.
References:
- http://www.cdc.gov/motorvehiclesafety/child_passenger_safety/cps-factsheet.html
- http://legal-dictionary.thefreedictionary.com/Guardian+Ad+Litem
- http://personal-injury.lawyers.com/auto-accidents/parental-responsibility-for-childs-accidents.html
