Legal Rights of Children Injured in Car Accidents

Car accidents are terrifying under any circumstances. But when a child is injured, the emotional, legal, and medical implications become far more complex. In these moments, families need to provide immediate care and understand the child’s legal rights and future needs. If your child was harmed in a child-injury car accident, this guide explains the legal options available and how to protect your child’s long-term interests.

Key differences include:

Children injured in car accidents are entitled to legal protection and compensation, even though they cannot legally act on their behalf. Their rights include:

Unlike adults with the legal right to file injury claims, minors cannot represent themselves in court. Instead, a parent or legal guardian must initiate the claim on the child’s behalf. This representative is known as the “next friend” or “guardian ad litem. ” They act solely in the child’s best interest throughout the legal process.

In a typical personal injury case involving an adult, a settlement may be finalized between the injured party and the insurance company without any court intervention. However, in child injury car accident cases, Texas law requires that any proposed settlement must be reviewed and approved by a judge. This safeguard ensures the agreement is fair and truly benefits the injured child. The court may appoint an independent guardian to evaluate whether the settlement adequately compensates the child and protects their future interests.

Another significant difference lies in how the funds are handled. Adults are legally entitled to receive their settlement and use it as they see fit. However, in a case involving a child, the settlement is typically placed into a trust or court-controlled account, where it remains until the child turns 18. In certain circumstances, parents may petition the court to access a portion of the funds for the child’s immediate medical or educational needs, but unrestricted access is generally not allowed. This prevents misuse and ensures that compensation is available for the child’s long-term recovery.

In adult injury cases, compensation primarily covers current financial losses, such as lost wages, medical expenses, and pain and suffering. However, in a child-injury car accident, the focus shifts to future-oriented damages. These might include:

Because children are still physically, emotionally, and cognitively developing, these cases often require extensive input from pediatric specialists and vocational experts to predict long-term outcomes.

While adults can often articulate their pain and suffering, young children may not have the vocabulary or awareness to express what they’re experiencing. That’s why emotional trauma in children requires careful, professional evaluation. Pediatric psychologists or child trauma therapists may need to testify about anxiety, post-traumatic stress disorder (PTSD), behavioral changes, or social withdrawal.

These psychological injuries are just as accurate and compensable as physical ones. Still, they require a legal team to understand how to document and present non-visible injuries compellingly and adequately.

Children may be injured in car accidents in a variety of roles: passengers, pedestrians, cyclists, or even occupants in school buses. Common causes include:

Children’s bodies are more vulnerable, and their injuries may not fully appear until later. Common injuries include:

The court takes careful steps to protect a child’s financial recovery. Depending on the case, funds may be:

Parents are often overwhelmed after a car accident involving their child. Below are the most common legal and emotional questions we receive at Roxell Richards Injury Law Firm, along with thorough, compassionate answers.

In some cases, the signs aren’t immediately obvious. Behavioral changes may surface weeks or months after the incident. It’s vital to have your child evaluated by a licensed pediatric psychologist or trauma therapist if you suspect any mental health changes.

From a legal standpoint, these emotional injuries are compensable under non-economic damages in a child injury car accident claim. Courts and insurance companies take emotional distress seriously, especially in younger victims, when supported by medical documentation.

To successfully recover damages in a child injury car accident case, proof of causation linking your child’s injuries directly to the accident is crucial. Here’s how that is typically established:

The sooner you consult an experienced attorney, the easier it is to gather and preserve this critical evidence.

This legal safeguard ensures:

A “friendly suit” is often filed in a non-adversarial court hearing where the judge reviews the settlement. If your attorney is thorough and experienced, you may never need to appear before a judge unless required for final approval. At Roxell Richards Injury Law Firm, we handle all the filings, court documentation, and communications to minimize the stress on your family.

This is one of the most distressing scenarios for parents, but you still have options. Texas law allows injured parties to pursue multiple paths for compensation in a child injury car accident, even when the at-fault driver lacks liability insurance:

Carry this on your auto policy. It can cover medical bills, pain and suffering, and other damages even when the other driver is at fault and uninsured or underinsured.

Texas insurers must offer PIP. If you accept it, your policy may pay for your child’s medical expenses regardless of who caused the crash.

If another party contributed to the accident, such as a vehicle manufacturer (in case of brake failure) or a commercial company (if the driver was on the job), they may share or carry full liability.

In rare cases, other drivers, road construction companies, or even municipalities may be at fault due to road hazards or improper signage.

The legal terrain here is complex, so don’t navigate it alone. Our attorneys at Roxell Richards Injury Law Firm conduct complete investigations to uncover every available source of compensation.

At Roxell Richards Injury Law Firm, we work on a contingency fee basis, meaning: