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Research Shows How To Reduce Traffic Accidents Involving Children
Every year, thousands of children across the United States are injured in car accidents. Some are even killed. It is every parent’s worst nightmare to see their child injured in any type of preventable accident. While parents can take some steps to reduce the likelihood that their children will be injured in traffic accidents, other drivers on the road must also drive safely.
This requirement is actually a legal obligation imposed on anyone who operates a motor vehicle. Parents have the right to protect their child’s legal rights after the child is hurt by a negligent driver. An experienced auto accident lawyer can guide parents through the complicated claims process and help them understand their child’s legal options for seeking compensation.
Ways To Prevent Car Accident Injuries In Children
A research article published in the Singapore Medical Journal has identified several key risk factors for childhood car accident injuries. By making changes in several critical areas of regulation, government officials can significantly reduce the number of injuries and deaths that occur to children on the road. There are also specific steps that parents can take to reduce the risk of injury. What follows are some of the specific risk factors identified by the authors of the study.
Restraints And Helmets
Parents should verify that their children are buckled into a car seat, booster seat, or seatbelt when they are in the car. The appropriate restraint will be determined by the child’s age and weight. Read the latest safety recommendations to be sure that your child is using the restraint type that is safest for them. Children should also wear helmets when they ride bikes, trikes, or scooters.
Size the helmet appropriately and move up in sizes as your child grows. A helmet that is too small may not offer your child the protection they need. Also, watch the children closely when they are riding bikes, trikes, or scooters near the street. Drivers may not be expecting to see children in the roadway. It can be especially difficult for drivers to see small children who are riding low to the ground.
Regulation Of Restraints
While parents must maintain their children’s use of restraints on the road, it is up to government regulators to make these devices safe. The government also makes recommendations about the use of these devices. It is important that governments not only maintain child safety devices that work but also require their use.
Seat belt usage is consistently found to be higher in areas where laws require it – and where police officers actually enforce these laws. The usage of child seats and booster seats must also be required and enforced in order to protect children on the road.
Road Safety Education
To lower child traffic deaths, government officials need to make safety information accessible to the public. Federal, state, and local government agencies all play a role in making critical safety data available to parents. Once they have done their part, parents must stay current on all the latest safety information. Child car safety information changes quickly.
It wasn’t that long ago that child safety seats did not exist at all. Airbags have only been mandatory in vehicles in the U.S. since 1998. Safety developments have made incredible progress in the advocacy against traffic deaths, but only when consumers use them properly. Parents must also check if their children are properly fitted in the correct restraint device, which is effective at preventing car crash injuries.
Speed Enforcement
Speed increases both the likelihood that a driver will cause an accident and the severity of injuries that everyone involved in the accident is likely to suffer. Speed increases the stopping distance required to avoid an accident, so many speeders do not have enough time to avoid hitting another car or person.
Speed also increases the overall force that is generated in a collision. This force must have somewhere to go, and as a result, many victims are hurt far worse in a speeding accident than victims of accidents that occur at lower speeds. Drivers have a legal obligation not to drive faster than is “reasonable and prudent” for current road conditions.
As a result, a driver could be found negligent even if they are going the speed limit. Snow, rain, fog, ice, nighttime driving, and many other conditions can reduce visibility and make it unsafe to travel at the posted speed limit. In these circumstances, a driver could be found negligent, even if they are not going faster than the speed limit.
So what can government and law enforcement officials do to reduce speeding? Research has consistently found that speeding occurs less frequently in areas where speeding laws are noticeably enforced. Speeding cameras, frequent police patrols, and other efforts do have a deterrent effect on drivers. If a speed limit sign is simply posted without ever being enforced, drivers are more likely to speed and, in turn, cause car accidents.
Who Is Legally At Fault For Causing Your Child’s Injuries In Traffic Accidents?
The person who is legally at fault (“liable”) for causing your child’s injuries in traffic accidents may also have the legal obligation to compensate your child for those injuries. The liable party could be an individual, a company, or a mix of individuals and companies. An auto injury attorney can help you identify the at-fault party and explore all potential sources of compensation for your child. What follows are some of the common defendants in car accident cases involving children.
- A Negligent Driver – All drivers have a legal obligation to operate their vehicles with “due care.” If they fail to use due care, they are considered negligent and legally obligated to compensate anyone who is injured as a result. The state requires drivers to carry liability insurance in order to reduce child traffic deaths; government officials must work to make safety information available to the public.
- School or Daycare Staff – In some cases, a caregiver could be found liable for failing to watch a child who is later injured in a traffic accident. If, for example, a school or daycare facility were near a busy road, it is possible that children could wander into the road. These caregivers must take precautions so that the children in their care do not get hurt in preventable car accidents. If not, the school or daycare company could be liable for failing to watch your child.
- A Negligent Property Owner – Some car accidents are the result of dangerous conditions on a property. Imagine that the parking lot at a family recreation center had a blind turn. Children could run out into the street without being seen by turning drivers. This design would be highly dangerous, and it would be foreseeable that children could be hurt. The property owner could be found liable if they fail to correct the condition and a child is hurt as a result. This legal rule is known as “premises liability.” It is not as common as claims against negligent drivers, but it is a legal claim that our team can investigate with the goal of seeing that all your child’s legal claims are protected.
- The Manufacturer of Defective Child Safety Products – Another less common injury claim is the “product liability” claim. The U.S. has strong consumer protection laws that hold manufacturers liable for any defective products they sell. In car accident cases, product liability sometimes applies to defective brakes or seatbelts, though more often, a driver’s negligence is the cause of the accident. However, children are protected by far more safety devices in a vehicle than adults are. If a child seat, a booster seat, or other child restraints are defective, your child could be injured, and the manufacturer may be held accountable for these injuries. Other children could be hurt in the same way if the manufacturer does not correct its dangerous product.
What To Do If Your Child Has Been Injured In A Car Accident
1. Call 911 And See A Doctor.
It is not typically clear whether you have to call the police after a car accident. When a child is injured, however, it is important to get a police report. A police report can help document the facts of the accident, which can be valuable for any potential legal claim.
Calling 911 can help address any immediate safety concerns and also protect your child’s legal rights. Let the EMTs evaluate your child any time you think there might be an injury. Even if you decide not to have your child transported by ambulance, it is still important to get them to a doctor promptly. Find an urgent care facility or emergency department in your area.
Many injuries do not show symptoms right away, so it is important to let a doctor evaluate your child even if they seem to be doing okay. It is also important to see a doctor because children may sometimes not verbalize their symptoms as clearly as adults can. An adult knows that feeling dizzy is not normal, but small children may not be aware of this.
Even if they do, they might not know how to describe what they are experiencing. Seeing a doctor right away after a car accident will both protect your child’s health and their legal rights.
2. Follow Up With Your Child’s Pediatrician.
Once you have gotten immediate medical attention, it is also important to follow up with your child’s pediatrician. You will need an experienced doctor who can coordinate care between different professionals and other medical providers. It is also helpful to work with a doctor who knows your child’s medical history.
Children do not typically experience symptoms the same way that adults do, and they are not commonly able to express what they are feeling. A pediatrician who knows your child might be alert to symptoms that other healthcare providers would miss.
3. Document All The Ways Your Child’s Life Is Affected By Their Injuries.
It is very difficult for children to express the ways they are affected by their injuries. An adult can usually identify work stress, missed events, and strain on their interpersonal relationships. But how is a child supposed to recognize all of that, let alone explain it to a jury? Parents are in the perfect position to describe the changes to a child after a car accident.
Their watchful eyes are already monitoring for any changes, so they are the first to know about any changes in behavior or personality. Parents are the first to spot physical signs (like bruising) and invisible symptoms (like a general crankiness from being in pain). It can be helpful to note these changes in a journal. Your quick notes could make for compelling testimony at trial.
Experienced California Auto Accident Lawyers For Child Injury Victims
Arash Law is composed of experienced accident attorneys who have handled various types of auto accident claims. Additionally, our firm has previously represented parents who sought to protect their children’s legal rights after they had been injured by another’s negligence.
We serve clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and all across the Golden State. Call (888) 488-1391 to schedule your free initial consultation. Seeking guidance from an experienced car accident lawyer can help you understand and learn how to uphold your child’s legal rights.
