Auto accidents involving children can be very emotional situations for all involved parties, and particularly the child’s immediate family. There are specific details that can apply when a child is involved in an accident, and especially when they are small and require safety measures such as a designated seat that must be compliant with driving regulations. In a fault-based accident system like West Virginia uses, defense attorneys for drivers who are facing legal claims for responsibility will often inspect the details of an accident investigation diligently looking for any technicality that can be used to deflect responsibility. This can be particularly frustrating for parents who need immediate coverage. This scenario is a primary example of why it is so important to retain an experienced and aggressive Charleston WV personal injury attorney like Freeman & Chiartas to represent a claim.
Assignment of Fault
The final assignment of fault does not happen until a case actually goes to court, but the accident report can give a good indication of responsibility. If the driver of the vehicle in which the child was riding is assigned over 50% fault for causing the accident, then their insurance provider will be the first responsible party. Because children are rarely assessed any fault for an accident, they are entitled to whole damages in most cases. This means that other drivers who are assigned fault will also be liable for the percentage they receive in an accident adjudication.
There is also an issue of a possible defective product claim when children are injured beyond a typical accident injury that could include the malfunctioning of a child restraint seat. These cases are much more common than the typical parent realizes when their child has been hurt in a collision. They are also always strongly defended, even when the device is listed on a recall list, and it always takes effective legal counsel to process a claim.
Contact a Charleston WV Personal Injury Attorney
It is always important to hire an experienced attorney when your child is injured in a accident. In Charleston WV, the attorney to call is Freeman & Chiartas.