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Motor Vehicle Accidents & Children: What To Know!

by | Mar 29, 2021 | Blog, Motor Vehicle Accident, Personal Injury

Motor Vehicle Accidents & Children: What To Know!

Motor vehicle accidents are most often very traumatizing experiences for any parties involved, even more so if there is a child or children in the car upon impact. Children, especially at a young age, can’t yet fully comprehend what is occurring and may even become more startled when they see their parents hurt, confused, or yelling at another motorist outside of the vehicle.

Our motor vehicle accident attorneys have built a network of investigators and accident reconstructionists who are distinguished in their fields of expertise. Together with these experts, we work to determine the cause of your vehicle crash.

We’ll collaborate with our own medical experts in an effort to document the full extent of your injuries. If it’s determined that injuries and any of the damage are the result of another’s negligent or reckless behavior, we commit the full thrust of our force to fight for compensation.

What to Do After a Motor Vehicle Accident Involving Your Child

We know that this goes without saying, but the most important thing after any motor vehicle accident is to check on and maintain the safety and health of all who were involved – this becomes incredibly magnified when the accident involves a child/children.

Here are some helpful steps to take if you find yourself in this situation:

  • Pull to the shoulder, removing your vehicle from the current flow of traffic.
  • Turn on your hazard lights, to help alert other motorists – this will help keep traffic flowing.
  • Remain in the vehicle until the police arrive.
  • Try your best to remain calm. Your child/children will mirror your behavior, and if you’re actively trying to remain calm, and keep everyone in the vehicle calm and safe, they’ll pick up on that and stay calm as well.
  • Call 911 and let the first responders know where you’re located, the make/model of your car, if there are any injuries, and follow any other directions that they may give you.

How to Pursue Compensation for Your Child

To understand how to pursue compensation, one must understand the laws regarding negligence and fault in your particular state.

Depending on the laws in your state, your negligence can either reduce the number of damages available to you in a personal injury lawsuit or entirely bar you from any recovery.

If the defense proves you contributed to the accident through speeding, disregarding traffic signals, or driving recklessly, your right to recover damages may be in jeopardy. adly, even though a child/children are involved, insurance companies rarely budge, and will often stick to their guns and focus on their bottomline and best interests. They will look for every way possible to deny your claim/or provide you with the least amount of compensation possible.

North Carolina and Virginia:

North Carolina and Virginia apply a strict contributory negligence standard to car accident cases.

The laws in these states bar you from recovering any compensation if your own carelessness contributed to the accident. Even if the court determines that another party was 99 percent responsible, that party can use your one percent as a complete defense against your claim.

At-fault drivers commonly allege that their victims made some unsafe maneuver that helped cause the accident. In response, you must prove that your driving was perfectly safe and legal or that any negligent maneuver on your part had nothing to do with the accident.

The difficulty in making such an argument is another reason you need an aggressive and committed attorney to investigate your case and assemble the evidence you need to win.

South Carolina:

South Carolina has comparative negligence laws that allow injured parties to claim damages for car crashes as long as they were less than 51 percent at fault for the accident.

As long as you can prove that one or more other parties are mostly to blame, you can recover compensation, although the court will reduce it in proportion to your fault. So, if you suffered a total loss of $100,000 and the court determines that you were 25 percent at fault, you’ll be able to recover $75,000 from the defendant. Of course, it’s also possible that even though you were careless, your carelessness did not cause the accident. A skilled and determined lawyer may be able to assemble the evidence necessary to make a compelling case for full compensation.

Before you agree to a settlement with an insurance company, obtain knowledgeable legal advice from hard-fighting motor vehicle accident attorneys at Marcari, Russotto, Spencer & Balaban. We understand how important it is to ensure that you are compensated for both today and tomorrow, and we are ready to stand up for your rights.

What If The Other Driver is a Minor?

Often teenage drivers are attached to their parents’ insurance policy. This means that their parents are likely going to be held financially liable for any damages. If you, or your child/children were injured, you should be able to pursue a claim aganist the parents’ insurance policy.

If the teenage driver did not have permission to use the motor vehicle invovled in an accident, that’s where things can get complex. If they did not have proper permission from their parents before driving, and are involved in an accident, the insurance company may not help them.

Tip: Insurance follows the car, not the driver. Generally speaking, motor vehicle accident victims can file a claim aganist the policy insuring the car.

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If you sustained injuries, in a motor vehicle accident, anywhere in North Carolina, South Carolina, or Virginia, our attorneys at Marcari, Russotto, Spencer & Balaban may be able to help.

We thoroughly investigate the circumstances of your accident and aggressively pursue the maximum compensation possible for your injuries. Call us today at (855) 435-7247 or contact us online to schedule a free consultation.

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