When your child is injured in a car accident, the stakes feel higher than any other case. Children face unique risks and injury patterns in crashes, and proper car seat use is critical. Understanding child-specific issues helps you protect your child's health and their legal rights.

How Children Are Injured Differently

Children's bodies respond to crash forces differently than adults:

  • Their heads are proportionally larger and heavier, increasing neck injury risk
  • Developing bones and organs are more vulnerable to trauma
  • Seat belts designed for adults can cause injuries to children (abdominal and spinal)
  • Children may not communicate symptoms or pain effectively

Always have children evaluated by a pediatric specialist after an accident, even if they seem fine. Internal injuries may not show immediate symptoms.

Car Seat Safety and Proper Use

Proper car seat use dramatically reduces injury risk:

Rear-facing seats for infants and toddlers until they reach the seat's maximum height or weight limit (usually age 2-4). Rear-facing is 70% safer for this age group.

Forward-facing seats with harnesses until children outgrow them (typically age 4-7 or when they reach the seat's limits).

Booster seats until seat belts fit properly—usually when children reach 4'9" tall (typically age 8-12).

An improperly installed car seat provides significantly less protection. Studies show over half of car seats are installed incorrectly.

Injuries from Improper Restraint

When children aren't properly restrained, common injuries include:

  • Abdominal injuries from lap belts riding up on the stomach
  • Spinal cord injuries from seat belts not fitting properly
  • Head and facial trauma from striking interior surfaces
  • Ejection injuries when not restrained at all

Even properly restrained children can suffer chest injuries from harnesses and neck injuries from crash forces.

Defective Car Seat Claims

Sometimes the car seat itself fails. Product liability claims may apply when:

  • The seat's harness or buckle fails during a crash
  • The seat's shell cracks or breaks
  • Design defects make the seat prone to misuse or improper installation
  • The seat doesn't perform as marketed

Preserve the car seat exactly as it was after the accident. Don't clean it, repair it, or allow anyone to examine it without your attorney present. This evidence is crucial for defect claims.

Replacing Your Car Seat After Any Accident

Replace your car seat after any moderate or severe crash—even if it looks undamaged. The NHTSA recommends replacement after crashes where:

  • The vehicle couldn't be driven away
  • The door nearest the car seat was damaged
  • Anyone in the vehicle was injured
  • Airbags deployed
  • The car seat has visible damage

The at-fault driver's insurance should pay for car seat replacement as part of your property damage claim. Keep the receipt.

Filing a Claim for Your Child's Injuries

Parents or guardians file injury claims on behalf of minor children. Special considerations:

Statute of limitations for minors is often extended—in many states, the deadline doesn't begin until the child turns 18. However, don't wait—evidence disappears and memories fade.

Settlement requires court approval. Any settlement of a minor's claim typically must be approved by a judge to ensure it's in the child's best interest.

Funds may be held in a blocked account or structured settlement until the child reaches adulthood.

Documenting Your Child's Injuries

Thorough documentation is essential:

  • Photograph all visible injuries immediately and as they heal
  • Keep detailed records of all medical visits and treatments
  • Document any changes in behavior, sleep, or school performance
  • Note missed activities (school, sports, social events)
  • Track your own time off work for caregiving

Some injuries may have long-term effects on development that aren't immediately apparent. Follow up with specialists as recommended.

Psychological Impact on Children

Children can experience significant psychological trauma after accidents:

  • Fear of riding in cars
  • Nightmares or sleep disturbances
  • Anxiety and behavioral changes
  • Regression in development
  • PTSD symptoms

Psychological treatment is a compensable expense. Don't hesitate to seek mental health support for your child.

Long-Term Considerations

Children's injuries can affect them for years:

  • Growth plate injuries may cause limb length differences or deformity
  • Traumatic brain injuries can affect development and learning
  • Scarring may require future surgery as the child grows

Settlements should account for future medical needs—don't accept quick settlements before understanding the full extent of injuries.

Conclusion

Children are vulnerable passengers who deserve special protection. Ensure proper car seat use, seek immediate medical evaluation after any accident, and preserve all evidence. File claims promptly and work with an attorney experienced in child injury cases to ensure your child receives full compensation for their injuries—including future needs that may not yet be apparent.