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Children Not Properly Restrained Injured in Car Accidents

Car Accident Attorney IN

Were you or your child involved in an accident in which your child was without proper child restraints? Major concerns after these accidents include: How will this affect my case? Can I still recover for my damages? Will I be able to recover damages for my child? The stress of a car accident is magnified when a child is involved so it is important to be aware of the laws and regulations in place that may impact your Indiana personal injury case.

The American Academy of Pediatrics (AAP) recommends children should stay in a rear-facing car seat as long as possible, until they reach the maximum height or weight. This recommendation applies to forward facing car seats as well. When a child is moved into a booster seat, the AAP suggests the child remain in the booster seat until they reach 8-12 years (4 feet 9 inches). The appropriate car seat should be used for every trip as they can reduce the risk of fatal injuries by 70%.

Indiana Law

Additionally, Indiana Code 9-19-11 provides that a person commits a Class D infraction if they operate a vehicle with a child less than 8 years old who do not have proper child restraints. If a child is at least 8 years old but less than 16 and is not properly fasted by a child restraint system or safety belt, the operator of the vehicle commits a class D infraction.

How will your case be affected?

In cases like this the Indiana Comparative Fault Act applies, which reduces the injured party’s damages by the percentage of fault they contributed to causing the injuries. However, IC 9-19-11-8, which addresses child restraint requirements, states “failure to comply with this chapter does not constitute contributory negligence.” In Burge v. Teter, parents filed a lawsuit on their behalf as well as their children’s behalf. The court held that “the statutory prohibition against using evidence of a failure to restrain a child in a moving vehicle to prove contributory fault necessarily prohibits using that evidence to prove a failure to mitigate damages.” Thus, defendants cannot use evidence of a failure to properly restrain your child to decrease the amount of damages awarded for injuries suffered by you and your children.

Although this fact will not impact your recovery in your personal injury case, it is important to ensure your child is always properly restrained. Car crashes remain the leading cause of death for children and proper car seat safety can drastically reduce those risks.

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney