Vehicle Safety for Children & Common Legal Issues
Car accidents pose a significant risk of injuries and death to children. Parents thus should take care to protect their children when they are riding with them, such as using car seats or booster seats for children too young to wear seat belts. Even when parents take all of the appropriate precautions, though, children still may suffer injuries. Parents may have a claim against a careless driver or any other person or entity that caused a crash. They generally would need to show that the defendant was negligent, which means that they failed to use reasonable care under the circumstances. A successful claim may result in compensation for medical expenses, pain and suffering, and any other financial, physical, or emotional harm caused by the accident.
If injuries result from a defect in a child safety device, such as a car seat, parents may have a products liability claim against the manufacturer of the device. This might involve showing that an error occurred during the production process, the device contained an inherent flaw in its design that made it unsafe, or the device lacked proper instructions or warnings.
Teen Driver Accidents
Many teenagers look forward to getting a driver’s license and going out on the road. This provides a feeling of independence and can mark an important step toward adulthood. However, teen drivers pose a higher risk of accidents than the average driver. They tend to get distracted more easily and may engage in more reckless behaviors. Their lack of experience also may make them less skilled at navigating hazards that arise on the road.
In most situations, the liability insurance policy held by the parents of a teen driver will apply to accidents caused by the teenager. If the amount in the policy does not fully cover the injuries, though, parents may want to consider the possibility of holding the parents of a teen driver liable. In some states, parental liability is automatic if the parent signed the driver’s license application of the teenager. Otherwise, parents of an injured child may need to pursue more complex theories of liability, such as negligent entrustment or vicarious liability.
Bicycle Accidents Involving Children
While riding a bike can provide exercise and enjoyment, parents should be alert to the risk of a bicycle accident. Children may suffer especially serious injuries in these collisions because a bike offers no structural protections against a larger vehicle. To reduce the risk of head trauma, a child should wear a helmet whenever they ride a bike, even if this is not required by state or local law. Parents should get a bike that fits the skill level of their child, and they should not let them ride in places where larger vehicles may be present unless they are experienced in operating a bike and understand traffic rules.
If a bicycle accident happens, parents may have a claim against a driver of another vehicle, a manufacturer of a defective bike or helmet, or an entity responsible for maintaining a road, among other parties. Evidence to prove liability and damages may include a police report of the accident, photos of the accident scene and the injuries, eyewitness statements, and medical records and bills. Sometimes expert testimony may play a role as well.
Boating Accidents Involving Children
When they go out on the water with their children, parents should supervise them carefully while taking precautions to reduce the risk of drowning or other accidents. For example, children should wear properly fitting life jackets, and they should not run on a boat in motion. Parents should not let an older child operate a boat until they are confident that the child is mature enough to handle this responsibility.
Regardless of the precautions that parents take, an accident still can occur when a boat operator acts negligently or when a boat contains a defect. Parents thus may have a claim against an operator or a manufacturer. They also might have a claim against the employer of an operator if they were on the job when the accident occurred. Employers may be held indirectly (vicariously) liable for careless actions by employees in the course of their employment.
