Car seats are your first line of defense against injuries in an accident. Unfortunately, they do not always prevent injuries. In fact, car seats can be responsible for certain injuries under the right conditions if proper restraints are not used. Those injuries can result in damages that may make another party liable, and you may be able to collect compensation.
The car seat-related injuries you can receive in a car accident vary substantially based on the situation. Whether it is a manufacturing error that made a defective car seat or a car accident caused by another driver, there may be legal options available to you. Serious injury can occur if the car seat is not installed correctly or if the restraint system is inappropriate for the child’s age and size.
- Car Seat Injuries
- Whiplash
- Abrasions From the Seatbelt
- Defective Car Seats
- Can You Take Legal Action?
- Schedule a Consultation With a Personal Injury Lawyer
Introduction to Car Safety
Car safety is a critical aspect of protecting child passengers from injury or death in the event of a car crash. According to the National Highway Traffic Safety Administration (NHTSA), car crashes are a leading cause of death for children ages 1 to 13. The use of car seats, booster seats, and seat belts can significantly reduce the risk of fatal injury. In fact, the NHTSA estimates that 325 children under the age of 5 are saved by car seats each year. It is essential for parents and caregivers to understand the importance of proper car seat use, including the selection of the right car seat, installation, and maintenance.
Car Seat Injuries
Car seat-related injuries are caused by various factors, ranging from the physics involved in a car accident to the manufacturing of the car itself. Head injury is a significant concern, especially for unrestrained children who face a much higher risk compared to those who are properly restrained. Below are some of the most common injuries related to car seats, emphasizing the importance of appropriate restraint to significantly reduce injury severity and mortality rates among children.
Whiplash
Whiplash is common in car accidents and can be attributed to the design of car seats. In an accident, your car stops moving or changes direction suddenly. While a seatbelt can stop your body from flying out of the seat, your neck has to manage the full weight of your head. That often leads to strained or torn tissue in the neck as it experiences a high amount of stress during the accident. This results in an injury called whiplash that makes it hard for the neck to continue to function properly. Proper restraint use is crucial in preventing such injuries and ensuring overall safety during vehicle crashes.
Whiplash can be a debilitating injury since severe damage to your neck means that your neck cannot support your head anymore. Without the ability to turn your head or even hold your head up, it could be impossible to go to work or experience life without pain.
Abrasions From the Seatbelt
One injury that people do not talk about much is an injury caused by the seatbelt. They are designed to lock and keep you from flying away from the seat, but that does not mean that you will not move at all. This can lead to abrasions on the skin and bruising, which can be very painful. In some cases, the damage is so bad that you may need significant medical treatment to heal.
Defective Car Seats for Child Passengers
The design of car seats significantly contributes to how they perform in a car accident and what injuries you experience. Even with the best designs, they mean next to nothing if the car seat is somehow defective. If you are in a car accident with a defective car seat, the results can be much worse. That seat is much more likely to fail, given the high stresses of a car accident. An appropriate child safety seat, based on the child’s age, size, and developmental stages, is crucial for ensuring maximum safety and reducing the risk of injury.
Depending on what caused the defect in the car seat, you may be able to file a lawsuit against the manufacturer or the designer in some cases. A personal injury lawyer may be able to help you build and file a case that can help you with the costs of your recovery. However, your ability to file that lawsuit depends on specific factors in your case that you need to discuss with a personal injury attorney.
Child Restraint Systems
Child restraint systems, including rear-facing car seats, forward-facing car seats, and booster seats, are designed to protect children from injury or death in the event of a car crash. Rear-facing car seats are recommended for children from birth until age 2-4, while forward-facing car seats are recommended for children after outgrowing rear-facing car seats and until at least age 5. Booster seats are designed for children after outgrowing forward-facing car seats and until the seat belt fits properly. The American Academy of Pediatrics recommends that children use a car seat or booster seat until the seat belt fits properly without a booster seat, usually between the ages of 9-12.
Preventing Child Passenger Injury
Preventing child passenger injury requires a combination of proper car seat use, seat belt use, and safe driving practices. Children should always be buckled in a car seat, booster seat, or seat belt that is appropriate for their age and size. Rear-facing car seats should never be placed in the front seat due to the risk of injury or death from front passenger air bags. The lap belt should be across the upper thighs, not the stomach, and the shoulder belt should be across the center of the shoulder and chest, not across the neck or face, and not off the shoulder. Children should be kept properly buckled in the back seat until age 13.
Restraint Use and Legislation
Restraint use and legislation play a critical role in preventing child passenger injury. All 50 states and the District of Columbia have child restraint laws requiring children under a certain age to travel in federally approved child restraint devices. The age at which belts can be used instead of child restraints differs by state. Ideally, all infants and children in all motor vehicles should be covered by seat belt laws, child safety seat laws, or both. The use of child restraints can reduce fatal injury by an estimated 71% for infants and 54% for toddlers. Booster seat laws have also been shown to be effective in reducing the number of children killed or injured in car crashes. By understanding and following restraint use and legislation, parents and caregivers can help keep child passengers safe.
Can You Take Legal Action?
It is possible to take legal action if you are injured in a car accident. Who that legal action is against depends on the circumstances. In most cases, you may be able to sue the other party that caused your accident with the help of a personal injury attorney. Proper restraint use is crucial in these cases, as it can significantly reduce fatalities and injuries, particularly for children.
If your accident or injuries were caused by a car seat malfunction or defect in an accident, then your legal action may be against the designer or manufacturer. Either way, an attorney can help you determine if you have a credible case and help you figure out the specifics of what to do next.
Schedule a Consultation With a Personal Injury Lawyer
Your car seat is supposed to keep you safe in an accident. If it does not, then you may have the chance to take action because of it. To know what to do next in your specific situation, discuss your case with a lawyer for focused and specific guidance.
At Rubin, Glickman, Steinberg & Gifford, P.C., we understand the importance of ensuring that you and your family are protected while on the road. That is why we are dedicated to helping victims of car accidents receive the compensation and justice they deserve. Proper restraints significantly decrease the risk of serious injuries across various age groups. Call Rubin, Glickman, Steinberg & Gifford, P.C. at (215) 822-7575 or complete a contact form.
