Understanding Car Accidents in Georgia Involving Children

Car accidents serve as a leading cause of injury and death among children in this country, according to the National Highway Traffic Safety Administration (NHTSA). In one recent year, car crashes claimed the lives of more than 1,000 children age 14 or younger and accounted for 3 percent of the country’s total traffic accident-related deaths that year. Alarmingly, nearly one-quarter of the child traffic accident deaths that year involved drunk drivers.

If your child has been injured in a car accident in Georgia, you know all too well the personal reality behind these statistics. Seeing your child get hurt in a crash is a heart-wrenching experience that can leave you feeling helpless and distressed. On top of worrying about your child’s condition, you might also be dealing with financial strain from ballooning medical expenses and missed time at work.

If this situation sounds familiar, you should know that, under Georgia law, you could be entitled to receive monetary compensation through a personal injury claim for the suffering your family has endured and the impact on your child’s life. A car accident lawyer can explain your options, guide you through the personal injury claim process, and work to pursue the recovery your family deserves.

What Are Common Causes of Car Accidents Involving Children in Georgia?

Car accident cases involving children result from the exact causes that lead to many other types of crashes. These causes include devastating and preventable reasons, including the following:

• Distracted driving — Drivers who use their phones or engage in other activities while driving can lose focus on the road, which can lead to accidents that endanger the lives of child passengers.
• Speeding — Driving too fast for conditions is a frequent cause of auto accidents. High speeds reduce a driver’s ability to react to sudden events, such as a child darting across the street.
• Impaired driving — Operating a vehicle under the influence of alcohol or drugs drastically impairs judgment, coordination, and the ability to drive safely.
• Reckless driving — Aggressive behaviors like changing lanes abruptly, tailgating, and disregarding traffic signals put everyone on the road at risk, including children.

What Types of Injuries Might a Child Sustain in a Car Accident?

Children are particularly vulnerable to injuries in car accidents due to their smaller size and still-developing bodies. Their bones, muscles, and organs are not as developed as an adult’s, so they are more susceptible to harm from the impact of a collision. The proper use of car seats and seat belts can reduce risks, but injuries like the following can still occur even with these precautions:

• Concussions
• Traumatic brain injuries
• Whiplash
• Spinal cord injuries
• Bone fractures
• Dislocations
• Internal injuries
• Facial and dental injuries
• Eye injuries
• Lacerations
• Burns
• Psychological trauma
• Post-traumatic stress disorder (PTSD).

How Are Car Accident Injury Claims Different for Children?

Car accident personal injury claims involving children differ in several important ways from those involving only adults. The legal system recognizes that children might not understand the dangers and consequences of motor vehicle accidents. So, courts typically consider children less responsible for their actions than adults, which could be relevant in a case involving a child who was hit by a car after darting into the street.

The injuries children suffer in car accidents can have significant effects on their development and future health. Injury claims involving children must account for long-term medical care and ongoing treatment that might be necessary as the child grows.

The compensation a child can receive also sets child injury cases apart from others. Since children have their whole lives ahead of them, the long-term financial impact of their injuries may be more significant when compared to the effect that adults may suffer. The injuries can affect the child’s future earning potential and require lifelong medical care.

What Types of Compensation Can a Child Receive After a Georgia Car Accident?

If a child gets hurt in a car accident, the financial impact on the family can be significant. The law recognizes this strain and provides avenues for families to receive support for things like the following:

• Medical expenses — The costs of immediate medical attention, hospital stays, surgeries, medications, and any other medical treatments necessary due to the accident.
• Future medical care — Ongoing medical expenses for rehabilitation services and any long-term care needs the child might have as a result of their injuries.
• Lost income — Income losses from any time either parent has to spend away from work.
• Loss of earning capacity — Potential losses in the child’s ability to earn a living.
• Pain and suffering — The physical pain and emotional distress the child suffers due to the accident.
• Loss of enjoyment of life — Losses in the child’s ability to enjoy daily activities or hobbies.
• Emotional distress — The psychological impact of the accident on the child, including post-traumatic stress disorder (PTSD).

What Is the Statute of Limitations for Children Injured in a Georgia Car Accident?

Typically, under Georgia Code § 9-3-33, you have two years from the date of an injury in a car accident to file a personal injury lawsuit. However, Georgia Code § 9-3-90 pauses the countdown on this two-year timeline for minors until they turn 18.

In other words, if you are under 18 and get hurt in a car accident in Georgia, you have until your 20th birthday to file a lawsuit for your injuries. This extension allows you to start legal proceedings yourself after you turn 18. However, your parents also have the option to file a claim on your behalf, subject to the standard two-year deadline, before you reach 18.

Waiting too long to start legal action can lead to dismissing your claim, which means you won’t be able to seek compensation. Given this strict timeline, it’s best to contact an experienced personal injury lawyer as soon as possible after a car accident. A lawyer can handle your claim efficiently and boost your chances of a successful outcome.

Contact a Georgia Car Accident Lawyer

If your child has been injured in a car accident, getting the right legal help is essential. With a track record of recovering more than $150 million for clients throughout Georgia, R. Alan Cleveland, LLC, has the proven ability to secure the compensation your family needs. Contact us today for a free initial consultation to learn how we can help you and your child recover.