San Antonio Car Accident Child Victim Lawyer
Every day since November 2000, at least one Texan has died in a motor vehicle collision. The average number is ten fatalities per day. A significant number of these victims were children under 12. These cases are extremely tragic, from an emotional standpoint. They’re also very complex from a legal standpoint. Many of these children weren’t properly restrained. Seat belts are designed to protect fully grown adults, not young children. The same principle applies to airbags and other passive restraint systems.
The compassionate San Antonio car accident child victim lawyers at the Law Office of Israel Garcia understand the special emotional issues in these cases. Such a tragedy has directly affected many of the people on our professional team. So, we are well-suited to give these families effective legal advice about their various options. Furthermore, since we’ve handled these cases before, we know what to expect, and we know what it takes to obtain the compensation these families need and deserve.
Why File a Negligence Claim
Lots of people ask this question. This query is especially common in child victim claims. These families are dealing with so many things that a legal action against the responsible driver is usually the last thing on their minds.
“Responsibility” is a key concept in a negligence claim. We all make mistakes, and we should all accept responsibility for the mistakes we make. If everyone did that, Texas would be an even better place to live. In this context, accepting responsibility means paying compensation for damages.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Victims and families need this money to pay hospital bills and other accident related costs. They deserve this compensation because it helps them move on with their lives.
Incidentally, the tortfeasor (negligent driver) usually is not financially responsible for these damages. Generally, an auto insurance company writes the check. The insurance company also covers most other costs, like hiring an attorney.
The emotional issues in a child victim claim are even more pronounced if the victim was a passenger in a negligent driver’s car. If Janie got a ride home with Susie’s mom and Susie’s mom got in an accident, Janie’s parents would understandably think twice about filing a legal claim. However, the fact that there’s a relationship doesn’t change the fact that Susie’s mom should be a grown-up and accept responsibility for her mistake.
Damages Available
We mentioned the compensation that a San Antonio child victim of car accidents lawyer can obtain above. We also mentioned the fact that many children aren’t properly restrained. As a result, Texas’ seat belt defense law could apply.
In 2015, the Texas Supreme Court ruled that seat belt non-use is admissible for the purpose of apportioning responsibility pursuant to the comparative fault rule. In plain English, victims who don’t buckle up could be legally responsible for their own injuries. This decision opened a can of worms as far as child victims are concerned. Depending on the child’s age and weight, a car seat, a safety seat, or a booster seat may be required. Complicating matters even further, a significant number of these safety seats aren’t installed properly.
To overcome the seat belt defense and obtain maximum compensation, we usually place the focus of the wreck squarely on the negligent driver’s lack of care. No seat belt in the world can change the fact that the driver was reckless.
Connect With a Dedicated San Antonio Car Accident Lawyer
Accident victims are entitled to substantial compensation. For a free consultation with an experienced child victim of car accidents lawyer in San Antonio, contact the Law Office of Israel Garcia. Virtual, home, and hospital visits are available.
