Ensuring Children’s Safety After a Motor Vehicle Accident

Even if you’re a cautious and responsible motorist, it’s possible to be involved in a car accident due to the negligence of another party. Said party could be another motorist, the manufacturer or designer of your vehicle, or even a negligent government agency that failed to properly address hazardous conditions or maintain safe roads.

Ensuring the safety of yourself and all your passengers is imperative in the immediate aftermath of a collision. This is particularly true if there are children in the vehicle, as they may be more prone to injury. The following guide will help you better understand the steps you can take to ensure children’s safety and well-being after an accident. It will also provide information regarding your potential legal options. Depending on the cause of the accident, you may be eligible for compensation for medical bills and related losses resulting from another party’s negligence.

Immediate Steps to Take After an Accident with Children in the Car

The exact way you should respond to an accident may depend to some degree on the specific circumstances and details of the accident itself. Generally, however, you should take the following steps right after a collision.

• Check yourself for injuries: As a parent, your instinct is to protect your children. However, you’ll be unable to help them if you’re injured and attempt to address their needs in such a way as to exacerbate your own injuries. Check yourself for signs of harm and tend to any injuries requiring immediate attention.
• Check your children: The next step is to check whether the children are injured in any way requiring immediate attention. Again, tend to those injuries they may have that might require such attention, and if necessary, call emergency services right away for additional assistance.
• Move to a safe spot: If you, your children, and the other passengers are unharmed, move to a safe spot away from traffic. If you can safely move your vehicle, you may do so, but don’t take any chances. If there’s any question regarding whether it’s safe to operate the vehicle, it’s best to err on the side of caution and move on foot.
• Call 911: Calling 911 to report the accident is essential, even if you don’t think anyone is injured and the damage to the vehicle appears minimal. Depending on the details of the accident, reporting it to the police may be a legal requirement. In addition, both vehicle damage and physical injuries can be invisible at first. Calling 911 ensures that a proper authority investigates the accident and documents it for any future legal proceedings that may develop. On top of that, you want emergency services at the scene to provide your children and yourself with any care that may be necessary.
• Exchange information: Calmly exchange contact and insurance information with all others involved in the accident. Don’t make any statements indicating the collision was your fault. While waiting for the police to arrive, get the names and contact information of witnesses at the scene. You should also use this opportunity to document the scene by taking pictures and or video of the damage, the conditions at the scene, and any visible signs of injury.
• Calm your children: An accident can be a traumatic experience for anyone. It can be particularly frightening for young children. To the best of your ability, help them return to a state of calm while the police conduct their investigation.
• See a doctor: Again, physical injuries after an accident aren’t always immediately noticeable. While you and your children may appear uninjured, it is possible you’ve sustained injuries that aren’t presenting symptoms yet. See a doctor right away to confirm that you and your children do not require any additional care. This will also help if you seek compensation later, as an insurance company will not have the ability to argue that your injuries resulted from other circumstances. Seeing a doctor establishes a clear link between the accident and your injuries.
• Contact the insurance company: Review your insurance policy and report the accident accordingly.

It’s wise to avoid engaging in negotiations or accepting a settlement at this stage. Instead, strongly consider speaking with a legal professional who has experience handling cases like yours.

Potential Legal Options After an Accident Involving Children

If your accident resulted from the negligence of another party, you may be able to file an insurance claim seeking compensation for losses resulting from the accident. If the insurance company doesn’t offer a fair settlement, you also have the option of filing a lawsuit to seek damages in court.

It’s important to understand that insurance companies are businesses. Their goal is to maximize profits and avoid financial losses whenever possible. Thus, you can’t trust the insurance company to offer you the full amount of compensation that you may be eligible to receive. In addition, the process of pursuing compensation can involve many steps.

In the aftermath of an accident, particularly one in which your children may have sustained injuries, your goal should be to focus on recovery. Luckily, you don’t have to pursue compensation alone. At Swartz and Swartz PC, a Massachusetts personal injury lawyer with experience handling car accident cases involving children can review your case and help you fight for the compensation you may be eligible to receive.

Learn more about your options by contacting us online or calling us at (617) 742-1900 to set up your free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.