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Children and car accidents: What you need to know from your Denver injury attorney


October 15, 2019

Being in a car accident can be overwhelming and scary, especially if your children are involved in the car accident. Having a child involved in a car accident comes with a lot of additional liabilities, headaches, and worry. The first thing you need to ask yourself is if your child was injured in a car accident, and if so you have a lot to evaluate. Before we get into the details, just remember that as long as your child is safe, there is always a solution and we are happy to help you navigate that.

You’ll need to consider a number of things when it comes to young children - the first of which being if your child was properly secured in to his/her car seat, or in the car in general. If your child was not secured, then you will be the one at fault.

Something else to note, and consider, is that if they were secured but you were not following the proper safety protocol for your child’s car seat...you will ultimately be held at fault as well. Be sure you not only understand how to properly install a car seat, but that you are abiding by all recommended safety instructions in the car seat manual. If your child is out of a car seat, make sure they are NOT in the recommended age for a booster seat. If your child has fallen in the recommended age, and they weren’t in a booster seat, you’ll be held responsible as well.

There are additional questions you’ll need to ask yourself to determine if your liable:
  • Supervision: Should you have been supervising your child at the time? Were you negligent in supervising and did this cause the accident? Should you have known that the child needed supervision? For example, leaving the keys in the car with a child who had taken your car before, would be indicative of negligence.
  • Parental Negligence: An example of this would be giving keys to a teenager who has a tendency to drag race or drive drunk. By giving the keys to a child who has a tendency to do bad things… you can be charged with negligence.

If you think you have a case for your child being injured, and you’ve determined you are not at fault, give us a call. We are here to help you navigate the claims process and fight tirelessly for your rights. Now if you are lucky enough to not have been in this situation before, there are a few things you can do to help prevent injury and accidents. For younger children this ensures that they are properly strapped into their car seats, that you are abiding by all safety standards and guidelines. If you have teenagers, we recommend the following: 
  • Communication. Talking with your teenagers about safety habits is extremely important in preparing them to drive safely on the road. 
  • Monitoring. Technology is a wonderful thing - you can now monitor the driving behavior of your children with several devices AND these devices can come in handy if an accident does happen. 

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney in Denver, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.