Car Accident NewsDriving Safety Tips from LegalView Be safe this holiday season on the road! It is important to be careful when driving and watch out for others who may be distracted or intoxicated. Automobile accidents kill thousands in the United States each year and are a leading cause of personal injury lawsuits. The National Transportation and... Read More at the Automobile Accidents Blog New Hand-Held Device Could Make TBI Diagnosis Faster When someone suffers a traumatic brain injury (TBI), a quick and accurate diagnosis can mean the difference between life and death. Researchers at the United States National Institute of Health have created a hand-held device to quickly detect brain injuries, including hematomas which occur when... Read More at the Automobile Accidents Blog |
Home : Personal Injury : Automobile Accidents : Law Articles : Child Passenger Safety Child Passenger SafetyAll drivers have an ethical responsibility to guard the safety of their underage passengers. In many states, they also have a legal responsibility to ensure that children and teens under a certain age are riding safely by having them use seat belts or age-appropriate safety restraints, such as a car seat. Every state, even states that do not require seat belts or helmets for adults, requires them for children and may ticket adult drivers who do not provide them. In the event of a car crash, an adult who did not have underage passengers buckle up may also be held legally liable in personal injury or wrongful death litigation. Car accidents are the leading cause of death for children ages four to 14, according to the National Center for Health Statistics. A study by the National Highway Traffic Safety Administration offers an easy explanation for that fact: In 2000, 36 percent of children under 15 who were killed in a crash were using no seat belt or child safety seat at all. Among children in the same age group who were fatally injured in a crash in the same year, 56 percent were also completely unrestrained. And a 2005 research project by the NHTSA found that 72.6 percent of the child safety devices they did observe were being used improperly. Using Safety Restraints ProperlyThe most important precaution that parents and caretakers can take is to use safety restraints properly. Evidence is increasing that young children will need different types of restraints as they grow. That includes rear-facing child seats for babies under one year and those who weigh less than 20 pounds, forward-facing car seats for children 20 to 40 pounds, and booster seats for children 40 to 80 pounds. And the National Highway Traffic Safety Administration recommends that a car seat be replaced after a moderate to severe auto accident, to ensure that damage does not render it ineffective. Once children are old enough to use an adult-style seat belt, they are usually subject to seat belt laws; some states do not require seat belts for children in back seats over a certain age, but still recommend them. In some states, a driver can be cited for failing to ensure that passengers wear seat belts or other restraints; in all states, a jury may find such a driver negligent, especially if the passengers are under 18 years old. And experts do not recommend letting children under the age of 15 sit in the front seat, due to concerns about the safety of air bags for smaller people. Responsible Driving Prevents Fatal Car CrashesResponsible driving is another important safety measure for those with child passengers. The NHTSA found that 20 percent of child fatalities in auto accidents involved alcohol; half of those were passengers in a car driven by someone with alcohol in his or her blood. And of course, drivers who disobey traffic laws or fail to consider weather and road conditions put themselves at greater risk of a car crash. If the accident leads to an automobile accident law suit, they may also be found guilty of negligence by a jury. If you or your children have been involved in a car or light truck accident and are thinking of filing litigation, you should speak to a qualified automobile accident law firm. An attorney with expertise in personal injury law can help you decide whether to pursue an auto accident claim. |
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