Atlanta Minors in Car Accidents Lawyers

Discuss the risks and responsibilities of driving.

WRECKED!

When a minor is involved in a car accident, the moments leading up to the collision may not be memorable. Perhaps they were listening to music or talking with friends. However, when the accident occurs, everything changes. The sound of screeching tires and crashing metal may haunt them for a long time, and specific details, like what they were wearing or saying at the time, may keep ringing in their ears.

We understand that car accidents can be life-altering for minors and can happen very quickly. Whether they were involved in a multi-car pileup or a two-car collision, they will have to deal with many new and challenging things. After a car accident, stress is inevitable, and it can be challenging for minors to cope with all of the changes and demands on their time and energy.
If this has happened to you or a minor that you know recently, it’s time to seek help. Unfortunately, these traumatic accidents are inevitable, but it is possible to prepare with knowledge of what to do.

 

Parents and Caregivers – This is for YOU.  

Unfortunately, car accidents involving minors are inevitable. Whether it’s an accident involving your children or their friends, it is essential to prepare and know ahead of time how to respond and have knowledge of your options.

Here are the First Steps to Take if a Child is Involved in a Car Accident

01

Call 911

Even if the baby appears to be okay, it’s essential to have a medical professional examine them, as some injuries may not be immediately apparent.
02

Medical Attention

Keep the Baby Calm, but Do Not Move Them, if possible – While waiting for medical help, you should also try to keep the baby calm and comfortable. Check for any visible injuries or bleeding and, if possible, provide basic first aid until medical help arrives. If the baby is still in their car seat or other restraint system, leave them there unless it is necessary to remove them due to safety concerns or medical reasons. If you need to remove them, be gentle and avoid twisting or pulling them in any way that could cause further injury.

03

Document Everything

  • Images and video of the crash scene – the property damage you incurred—inside and outside the vehicle; the position of the cars; any emergency vehicles that showed up; injuries to your body; damage to property of others (things like a wall or fence, a tree, etc.)
  • Witness statements, including names and contact info
  • Name, contact, and insurance info of the other driver (and passengers, if any)
  • Notice if there were any dash cams or traffic or security cameras. Find out who’s got control over that footage and act fast—we may be able to get it if you involve us the right way.
  • Your insurance company’s information
  • Their insurance company’s information
  • Medical provider information and their charges
  • All the bills – Did you ride in an ambulance? That counts. Keep track of the PTO you used and all the hours you couldn’t work. Now is the time to print and keep those paycheck stubs handy. And if you had to make any modifications to your home or workspace, keep the receipts for whatever it is that you had to purchase
04

Take Care of Yourself

If you’re the parent or caregiver of the baby involved in the accident, it’s essential to take care of your emotional and physical well-being. A car accident involving a baby can be a traumatic experience, and it’s vital to seek support and help as needed.

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Coping And Recovering From Car Accidents Involving Children

Being involved in a car accident can be a traumatic experience for anyone, but it can be especially difficult for children. Children may struggle to understand what has happened and why and experience physical and emotional trauma that can have long-lasting effects. Coping and recovering from a car accident involving children requires special attention and care.

When children are involved in a car accident, their physical and emotional recovery can be challenging. Here are some ways parents can help their children heal:

  1. Seek Medical Attention: Ensure your child receives prompt and appropriate medical care for injuries sustained in the accident.
  2. Encourage Communication: Encourage your child to discuss their feelings and fears about the accident. It can help them process the event and begin to heal emotionally.
  3. Provide Reassurance: Offer reassurance and comfort to your child, emphasizing that the accident was not their fault and that they are safe now.
  4. Seek Professional Help: If your child is struggling to cope with the trauma of the accident, consider seeking the help of a mental health professional specializing in trauma and child development.
  1. The loss of a child in a car accident is a devastating experience for parents. The grieving process can be overwhelming, and parents may need support as they navigate this difficult time:

    1. Allow Yourself to Grieve: Permit yourself to experience the full range of grief-related emotions.
    2. Seek Support: Reach out to friends, family, or a support group to share your feelings and experiences.
    3. Honor Your Child’s Memory: Find ways to remember and honor your child, such as creating a memorial, participating in activities they enjoyed, or supporting a cause that was important to them.
    Consider Professional Help: If you find your grief overwhelming or persistent, seek the help of a therapist or counselor specializing in grief and loss.

Car accidents can be a traumatic experience for anyone, and children are no exception. In some cases, a child may develop Post-Traumatic Stress Disorder (PTSD) due to the accident.

Recognizing the symptoms of PTSD in children is crucial for ensuring they receive the appropriate care and support needed for recovery.

Below are some common PTSD symptoms in children:

  1. Recurrent, intrusive memories of the accident: Children with PTSD may experience vivid and unwanted memories of the accident, causing them significant distress.
  2. Nightmares or trouble sleeping: Children may have nightmares related to the accident or experience difficulty falling or staying asleep.
  3. Avoidance of reminders of the accident: Children may avoid situations, places, or people that remind them of the accident, as these reminders can trigger their PTSD symptoms.
  4. Changes in mood or behavior: PTSD can cause noticeable changes in a child’s mood or behavior. It may include increased irritability, withdrawal from activities they once enjoyed, or a sudden lack of interest in socializing with friends or family.
  5. Heightened startle response or hypervigilance: Children with PTSD may develop an exaggerated startle response or become overly vigilant to potential threats, even in safe environments. 

If you suspect your child may be experiencing PTSD following a car accident, it is essential to consult with a mental health professional who specializes in trauma and child development.

Following a car accident, children may experience emotional trauma that can manifest in various ways. Parents and caregivers must recognize these signs to seek appropriate support and help their children heal.

Common indicators include sudden changes in behavior or mood, regressive behaviors, difficulty concentrating or changes in school performance, persistent worry or fear related to the accident, and physical symptoms with no apparent medical cause. Parents and caregivers must recognize these signs to seek appropriate support and help their children heal from the trauma.

  1. Physical Injuries: Depending on the accident’s severity, a child may sustain injuries that could impact their physical abilities and overall health. These injuries can range from minor cuts and bruises to more severe injuries such as broken bones, traumatic brain injuries, or spinal cord damage.
  2. Cognitive Development: Traumatic brain injuries sustained in a car accident can affect a child’s cognitive development, potentially leading to difficulties with memory, attention, and problem-solving skills.
  3. Emotional Development: The emotional trauma associated with a car accident can impact a child’s emotional development, potentially leading to anxiety, depression, or PTSD.

Social Development: A child’s social development may also be affected by the aftermath of a car accident, particularly if they experience difficulty relating to peers due to their injuries or emotional trauma

How Do I Help My Children Recover From a Brutal Car Accident?

When children are involved in a car accident, their physical and emotional recovery can be challenging. Here are some ways parents can help their children heal:

  1. Seek Medical Attention: Ensure your child receives prompt and appropriate medical care for injuries sustained in the accident.
  2. Encourage Communication: Encourage your child to discuss their feelings and fears about the accident. It can help them process the event and begin to heal emotionally.
  3. Provide Reassurance: Offer reassurance and comfort to your child, emphasizing that the accident was not their fault and that they are safe now.
  4. Seek Professional Help: If your child is struggling to cope with the trauma of the accident, consider seeking the help of a mental health professional specializing in trauma and child development.

How Do Parents Cope With Losing a Child in a Car Accident?

The loss of a child in a car accident is a devastating experience for parents. The grieving process can be overwhelming, and parents may need support as they navigate this difficult time:

  1. Allow Yourself to Grieve: Permit yourself to experience the full range of grief-related emotions.
  2. Seek Support: Reach out to friends, family, or a support group to share your feelings and experiences.
  3. Honor Your Child’s Memory: Find ways to remember and honor your child, such as creating a memorial, participating in activities they enjoyed, or supporting a cause that was important to them.
  4. Consider Professional Help: If you find your grief overwhelming or persistent, seek the help of a therapist or counselor specializing in grief and loss.

Can a Child Develop PTSD as a Result of a Car Accident?

Car accidents can be a traumatic experience for anyone, and children are no exception. In some cases, a child may develop Post-Traumatic Stress Disorder (PTSD) due to the accident.

Recognizing the symptoms of PTSD in children is crucial for ensuring they receive the appropriate care and support needed for recovery.

Below are some common PTSD symptoms in children:

  1. Recurrent, intrusive memories of the accident: Children with PTSD may experience vivid and unwanted memories of the accident, causing them significant distress.
  2. Nightmares or trouble sleeping: Children may have nightmares related to the accident or experience difficulty falling or staying asleep.
  3. Avoidance of reminders of the accident: Children may avoid situations, places, or people that remind them of the accident, as these reminders can trigger their PTSD symptoms.
  4. Changes in mood or behavior: PTSD can cause noticeable changes in a child’s mood or behavior. It may include increased irritability, withdrawal from activities they once enjoyed, or a sudden lack of interest in socializing with friends or family.
  5. Heightened startle response or hypervigilance: Children with PTSD may develop an exaggerated startle response or become overly vigilant to potential threats, even in safe environments. 

If you suspect your child may be experiencing PTSD following a car accident, it is essential to consult with a mental health professional who specializes in trauma and child development.

What Are The Emotional Trauma Indicators in a Child Who Has Experienced a Car Accident?

Following a car accident, children may experience emotional trauma that can manifest in various ways. Parents and caregivers must recognize these signs to seek appropriate support and help their children heal.

Common indicators include sudden changes in behavior or mood, regressive behaviors, difficulty concentrating or changes in school performance, persistent worry or fear related to the accident, and physical symptoms with no apparent medical cause. Parents and caregivers must recognize these signs to seek appropriate support and help their children heal from the trauma.

How Can a Car Accident Affect a Child's Development?

  1. Physical Injuries: Depending on the accident’s severity, a child may sustain injuries that could impact their physical abilities and overall health. These injuries can range from minor cuts and bruises to more severe injuries such as broken bones, traumatic brain injuries, or spinal cord damage.
  2. Cognitive Development: Traumatic brain injuries sustained in a car accident can affect a child’s cognitive development, potentially leading to difficulties with memory, attention, and problem-solving skills.
  3. Emotional Development: The emotional trauma associated with a car accident can impact a child’s emotional development, potentially leading to anxiety, depression, or PTSD.
  4. Social Development: A child’s social development may also be affected by the aftermath of a car accident, particularly if they experience difficulty relating to peers due to their injuries or emotional trauma

Car Seat Safety and Maintenance

  1. Verify for Recalls: Confirm that your car seat has yet to be recalled by checking the National Highway Traffic Safety Administration Recall Database or contacting its manufacturer directly.
  2. Please dispose of the Damaged Car Seat: When it comes time for you to replace your car seat, be sure to dispose of the damaged one properly to prevent someone else from misusing it. Cut its straps, remove its cover, and mark its contents before disposing.
  3. Purchase a New Car Seat: When selecting the ideal car seat for your child’s age, weight, height, and safety standards – one which fits their age, weight, and height requirements as well as all safety regulations – make sure that you follow the manufacturer’s instructions to install and secure it to the vehicle securely.
Legal Requirements:

Each state has specific laws regarding child passenger safety, including the appropriate use of car seats and booster seats. In Georgia, children under eight must be secured in a child safety seat or booster seat in the vehicle’s back seat. Once a child outgrows their car seat, they should transition to a booster seat until they are large enough to use the seat belts properly. It typically occurs when the child reaches a height of 4 feet 9 inches or is between the ages of 8 and 12.

Best Practices:
  1. Age: It is generally recommended that children remain in a rear-facing car seat until they are at least two years old or have reached the height and weight limits specified by the car seat manufacturer.
  2. Weight and height: Children should remain in a forward-facing car seat with a harness until they have reached the maximum size and weight limits specified by the car seat manufacturer, typically around 40 to 65 pounds.
  3. Booster seat fit: Ensuring the vehicle’s seat belt fits the child correctly is essential. The lap belt should lie snugly across the upper thighs, and the shoulder belt should fit snugly across the chest and shoulder.
  4. Backless vs. high-back booster seats: Choose a booster seat based on the child’s size, the vehicle’s design, and the booster seat’s compatibility. High-back booster seats may provide additional head, neck, and spine support, particularly if the vehicle’s hearts do not have high backrests.

Age and size for transitioning out of a booster seat: Children should remain in a booster seat until they are at least eight years old or until they have reached a height of 4 feet 9 inches.

If a child’s car seat is found to have a defect or is subject to a recall, parents should take the following steps:

  1. Stop using the car seat immediately.
  2. Contact the car seat manufacturer for instructions on addressing the defect or participating in the recall.
  3. Document the defect and any injuries sustained by the child as a result.
  4. Consult an attorney to discuss potential legal actions, such as a product liability claim.
Teen Driving And Safety

What Are Some Ways to Prepare My Teenager For Safe And Responsible Driving?

To help your teenager become a safe and responsible driver, enroll them in a reputable driver’s education program, provide ample supervised driving time, and model safe driving behavior. Discuss the risks and responsibilities of driving, set clear expectations, and establish consequences for rule violations. Encourage defensive driving techniques and provide a safe vehicle with modern safety features. Monitor their progress using tracking devices or apps and teach basic car maintenance tasks to ensure their vehicle remains in good condition. Finally, encourage ongoing learning after obtaining a driver’s license, such as taking advanced driving courses or periodically reviewing safe driving practices.

Myth or Truth: Are Teens the Worst Drivers Out There?

You can check out our gathered data regarding teenage driving from several trusted U.S. government websites.

  1. Teens aged 15 to 19 make up about 4% of the overall percentage of total drivers. (S. Department of Transportation Federal Highway Administration) 
  2. In the United States, the crash rate per mile for 16 to 19 teens is nearly three times the rate for drivers ages 20 and over, with the highest risk for ages 16 to 17. (Insurance Institute for Highway Safety)
  3. May, June, and July are when the most crash fatalities happen among teen drivers, making summertime a riskier time for teen drivers. (IIHS)

*High temperatures can cause the air inside tires to expand. Many drivers experience tire blowouts during the summer when doing long and fast drives, especially if the vehicle is loaded.

  1. Male drivers make up 66% of the teen crash fatality rate.
  2. Although the rate of teens driving after drinking alcohol is lower than that of adult drivers, teens are more likely to crash when intoxicated while driving.
  3. Car crashes are the leading cause of accidents and deaths among teenagers.
  4. Nine 16 to 19 teenagers die daily due to car accidents.
  5. The highest crash rates are teens aged 16
  6. 1 out of 5 16-year-old teenagers experienced an accident in the first year of their driving.
    1. The crash rate of teenagers is four times greater than other age groups.

Download and Print this Step-by-Step Guide on What Teen Drivers Should Do if They Get in a Car Accident.

Frequently Asked Questions

Babies can sustain various injuries in a car accident like any other passenger. Due to their smaller size, developing bodies, and the fact that their skeletal and muscular systems are not yet fully developed, babies may be more vulnerable to certain types of injuries.

Potential injuries include head injuries such as concussions or skull fractures, whiplash-related neck or spinal injuries, chest injuries like bruising or fractures, abdominal injuries that may damage internal organs, spinal injuries such as fractures or dislocations, broken bones in arms, legs, or collarbones, facial injuries from contact with surfaces, and lacerations or contusions from debris or sharp edges within the car.

Always seek medical attention for your baby and YOURSELF, and keep a detailed journal of everything that happens from the accident to months after.

  1. Violation of child restraint laws: Georgia law requires children under the age of 8 to be correctly restrained in an appropriate child safety seat or booster seat in the rear of the vehicle. If a child is in the front seat during an accident, the responsible adult may face fines and penalties for violating this law.
  2. Increased liability: If a child is injured in a car accident while seated in the front seat, the responsible adult may face increased liability for the child’s injuries. This is especially true if the adult fails to follow Georgia’s child restraint laws or if the child’s injuries are more severe due to their seating position.
  3. Insurance implications: Insurance companies may consider failing to follow child restraint laws negligence. This could result in a reduction of coverage or an increase in the insured party’s share of the fault in the accident, impacting the amount of compensation available to cover medical expenses and other damages.
  4. Civil lawsuits: In some cases, the responsible adult may be sued by the injured child or their parents for damages related to the child’s injuries sustained in the accident. This could include compensation for medical expenses, pain and suffering, and other related costs.
  5. Criminal charges: In rare and severe cases, if a child’s injuries or death result from the responsible adult’s failure to restrain the child properly, the adult may face criminal charges, such as reckless conduct, vehicular homicide, or child endangerment.
  1. Evaluating the case: A lawyer can assess the facts of the accident, the extent of the child’s injuries, and the potential value of the claim, advising the family on the best course of action to take.
  2. Gathering evidence: The lawyer can collect evidence to support the claim, such as police reports, medical records, witness statements, and expert opinions. This evidence can help to establish liability and demonstrate the extent of the child’s injuries and emotional damages.
  3. Negotiating with insurance companies: Insurance companies often try to minimize the compensation paid to accident victims. A lawyer can deal with the insurance company on the family’s behalf, advocating for fair compensation and ensuring that the child’s best interests are represented.
  4. Calculating damages: A lawyer can help to accurately calculate the damages owed to the child, considering factors such as medical expenses, future medical care, lost earning capacity, pain and suffering, emotional distress, and any other relevant damages.
  5. Navigating the legal process: Filing a personal injury claim involves adhering to various legal procedures and deadlines. A lawyer can help the family navigate this process, ensuring all paperwork is filed correctly and on time.
  6. Representing the child in court: If the case goes to trial, a lawyer can mean the child and their family, presenting evidence and arguments on their behalf and advocating for the maximum compensation allowed by law.
  7. Protecting the child’s interests: In cases involving significant compensation, a lawyer can help to establish a trust or other financial arrangement to ensure that the child’s economic interests are protected and the funds are used for their intended purpose.
  8. Offering legal advice and emotional support: The aftermath of a car accident can be challenging for the family. A lawyer can provide legal guidance and emotional support, helping the family to make informed decisions and cope with the emotional impact of the accident.

The Issa Castro Law Firm can assist you in seeking compensation when you and your child get into a car accident. Our team of child injury lawyers will ensure that the court and insurance companies will compensate you if you have one.

  1. Filing an insurance claim: After a car accident, parents can file a claim with the at-fault driver’s insurance company or their own insurance company if they have appropriate coverage. Insurance claims can help cover medical expenses, property damage, and other related costs resulting from the accident.
  2. Personal injury lawsuit: If the insurance claim does not fully cover the child’s damages or the at-fault driver is uninsured or underinsured, parents may consider filing a personal injury lawsuit against the responsible party. A personal injury lawsuit can help recover compensation for medical expenses, ongoing care, lost earning capacity, pain and suffering, and other damages.
  3. Negotiating a settlement: Many personal injury cases are resolved through settlements, which can be dealt with with the help of a lawyer. A settlement agreement can allow parents to recover compensation for their child’s injuries without a lengthy trial.
  4. Product liability claim: If the child’s injuries were caused or exacerbated by a defective car seat, vehicle, or other equipment, parents may have the option to file a product liability claim against the manufacturer, distributor, or retailer. This type of claim can help recover compensation for the child’s injuries resulting from the defective product.
  5. Legal representation: Hiring a personal injury lawyer experienced in handling cases involving child injuries can be beneficial in navigating the legal process, negotiating with insurance companies, and advocating for the child’s best interests.
  6. Statute of limitations: It is essential to know the law for filing a personal injury claim, which varies by state. The rule of regulations sets a time limit on when a claim can be filed. In some states, the statute of limitations may be extended for minors, allowing them to file a claim after they reach the age of majority.
  7. Financial arrangements: In cases involving significant compensation, parents may need to consider establishing a trust or other financial arrangement to protect the child’s financial interests and use the funds for their intended purpose.

These legal options can help parents seek compensation and justice for their child’s injuries sustained in a car accident. For specific legal advice, you can consult us. The Issa Castro Law Firm is known for handling car accident cases involving child injuries. Our team of child injury lawyers will ensure you will be compensated well.

Several factors can contribute to family car accidents, including distracted driving, fatigue, speeding, intoxicated driving, inexperienced drivers, aggressive driving behaviors, poor weather conditions, vehicle malfunctions, failure to yield or follow traffic signals, and improperly secured cargo or equipment. These factors can increase the risk of an accident by taking the driver’s attention away from the road, impairing judgment, reducing reaction time, or causing distractions and mechanical issues.

  1. Contact the insurance company immediately to report the accident and initiate the claim process.
  2. Gather all relevant documentation, including medical records, police reports, and photographs of the accident scene and injuries.
  3. Keep detailed records of all expenses related to the child’s injuries, including medical bills, rehabilitation costs, and any necessary home modifications.
  4. Be cautious when providing statements to insurance adjusters, as these can be used against the family during the claims process. Consulting with an attorney before discussing the accident with insurance representatives is often advisable.
  5. Understand that the insurance company’s initial settlement offer may not adequately cover the full extent of the child’s injuries and future needs. An experienced attorney can help negotiate a fair settlement considering the accident’s long-term consequences.

Navigating the insurance claim after an accident can be challenging, especially if you have yet to learn how the laws and regulations of Atlanta work. Our child injury lawyer can help you with that.

Now that we’ve provided you with all this information, you may wonder if you need to hire a lawyer.

 

The answer is maybe?! Depending on the situation, it may or may not be wise to hire a lawyer; however, it is essential to reach out to a trusted law firm to see what they would recommend your next steps be, especially if things are taken to court. Hiring a lawyer can take a lot of stress off your shoulders, and hiring the right one would ensure everything is done right.

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