Minors in Car Accident Guide
Quicklinks
- Assessing Your Child After a Car Accident
- Why Children’s Car Crash Injuries Are Different
- Shocking Statistics: The Risk to Our Children
- What To Do Right Now
- What To Do After an Accident Involving a Teen Driver
- Filing a Lawsuit on Behalf of a Minor
- Shamieh Law Is Here For Your Family
- Frequently Asked Questions
Any car accident is traumatic, but when your child is in the car, that fear multiplies instantly. At Shamieh Law, many of our team members are parents themselves. We understand your instinct is to keep your children safe. Unfortunately, the unexpected happens, and kids and teens often can’t clearly voice what they’re feeling or where they’re hurting.
Motor vehicle crashes remain a leading cause of death for children in the United States. According to 2023 data from the NHTSA, an average of 3 children are killed and 442 are injured every day in traffic crashes. When that happens, we are in your corner.
Assessing Your Child After a Car Accident
Immediately following an accident, children may experience significant trauma that prevents them from talking about their feelings or identifying specific pain. One of the most dangerous aspects of a child’s injury is their inability to articulate pain like an adult can. While you can describe “shooting pain” or “numbness,” a child, especially a toddler or infant, may not have the vocabulary or developmental awareness to explain what they are feeling. Because of this “communication gap,” you must be their voice and their most vigilant observer. You cannot rely on a child saying “I’m okay” as a clean bill of health. Adrenaline and shock can mask severe internal trauma. Watch for these non-verbal cues:
- Behavioral Regression: A potty-trained child may start having accidents, a teen may regress to acting several years younger, or a child who usually sleeps through the night may suddenly suffer from intense night terrors.
- Extreme Irritability or “Clinging”: If your child is suddenly inconsolable or won’t let you out of their sight, it may be a sign of neurological distress or psychological trauma.
- Changes in Physical Play: Watch for a child who suddenly stops using one arm or begins to limp, even if they claim they aren’t in pain.
- Inconsolable Crying in Infants and Toddlers: For babies, high-pitched crying or a refusal to eat can be the only signs of a serious concussion or internal injury.
Minor “fender benders” can still cause significant injuries to a developing body. You must watch closely for delayed pain or injuries that don’t manifest until days later. Insurance adjusters love to claim that if a child didn’t scream in pain at the scene, they weren’t hurt. But we know better.
How to Talk to Teens After a Car Accident
Teens are new drivers, and like anyone learning a complex skill, they will make mistakes. If your teen was behind the wheel, it is important to empathize and sympathize with them during this frightening time. Even though they are older, teens still struggle to vocalize their pain or fear, often hiding symptoms because they are afraid of being in trouble for the crash.
Assessing Infants and Toddlers
For babies in car accidents, the situation is even more delicate. Professional medical care is the only way to ensure their safety. It is completely normal to feel intense worry after any accident involving an infant, and you should never let a “helpful” insurance agent talk you out of seeking a full pediatric evaluation. If you have financial concerns about seeking emergency care, please focus on your child’s health and let our team handle those concerns.
Why Children’s Car Crash Injuries Are Different
Children are not just small adults; their bodies are still developing, which makes children’s car accident injuries uniquely dangerous. Their bones are softer, their organs are closer together, and their heads are proportionately larger relative to their bodies than an adult’s. A force that might cause a minor strain in an adult can lead to long-term growth plate issues or internal trauma in a child.
This makes them uniquely vulnerable to specific types of trauma:
- Growth Plate Injuries: If a child’s growth plate is damaged in a crash, it can lead to permanent limb shortening or deformity if not treated by a specialist.
- Internal Organ Damage: Because children have less body fat and thinner abdominal walls, the force of a seat belt or a “lowball” impact can cause severe internal bleeding.
- Brain Development: A concussion in a child is significantly more complex than in an adult because a child’s brain is still forming critical pathways.
- Psychological Trauma: The WHO and other health organizations emphasize that the “unseen” injuries like PTSD or a lifelong fear of driving can be just as debilitating as a broken bone.
What Proper Restraints Actually Do in a Crash
Car seats and safety restraints are designed to distribute crash forces across the strongest parts of a child’s body. The data on their effectiveness is clear: car seats reduce the risk of death by 71% for infants and 54% for toddlers under four years old. But that protection depends entirely on correct use.
- Misuse is Common: Hopkins Medicine notes that as many as 73% of child safety seats are improperly installed or used, significantly reducing their effectiveness in a crash. Of children killed in crashes, 43% were not buckled up correctly.
- Graduating Too Soon is a Real Risk: Many children are moved to a seat belt before they are ready. Children generally don’t fit adult seat belts safely until they are 57 inches tall, typically between ages 8 and 12. A booster seat is still needed if the shoulder strap crosses your child’s neck rather than their chest, or the lap belt crosses their stomach rather than their hips.
If your child was in a car seat or booster during the crash, that seat may now be compromised. Review our guide to Texas booster seat laws to ensure your child remains protected going forward.
Shocking Statistics: The Risk to Our Children
The numbers are a wake-up call for every parent. While we do everything we can to protect our kids, the environment on Texas roads is increasingly dangerous.
- High Injury Rates: In 2023 alone, over 161,000 children were injured in traffic crashes across the country.
Rank cause of death among children under 18 years of age, worldwide, 2012
| Rank # | <5 years | 5–9 years | 10–14 years | 15–17 years |
|---|---|---|---|---|
| 1 | Preterm birth complications | Diarrhoeal diseases | HIV/AIDS | Road traffic injury |
| 2 | Lower respiratory infections | Lower respiratory infections | Diarrhoeal diseases | Self-harm |
| 3 | Birth asphyxia / trauma | Meningitis | Road traffic injury | Interpersonal violence |
| 4 | Diarrhoeal diseases | Road traffic injury | Lower respiratory infections | HIV/AIDS |
What To Do After an Accident Involving a Teen Driver
If your teen was the driver, you must take the same aggressive steps you would take for yourself. This includes documenting every note if they were taken to the ER or transported by EMS.
- Collect the discharge paperwork and any diagnoses given on the day of the crash.
- Take photos of the vehicle and the scene immediately. Make sure that they don’t leave the scene of the accident.
- Do not allow your teen to give a recorded statement to any insurance company without a lawyer present.
- Provide support to your teen. Getting into an accident as a driver is always nerve-wracking, even for adults. Whether your teen was even partially liable or not, ensure they’re okay both physically and emotionally.
What To Do Right Now
If you have been in an accident with your child, do not wait. Your instinct to protect them is right. Follow it.
- Get a Pediatric Evaluation: General ERs are great, but a pediatrician or pediatric specialist knows exactly what to look for in a developing body.
- Do Not Sign Anything: If an insurance adjuster calls to “check-in,” they are looking for information to use against you. Refer them to your lawyer.
- Document Everything: Save every medical note, every photo of the car seat, and keep a journal of your child’s behavior changes.
- Call Shamieh Law: We provide an aggressive defense for families who have been wronged. Your child deserves a future that isn’t defined by someone else’s negligence. Call Shamieh Law today at 469-813-7332 and let our family fight for yours.
Follow-Up Care and Delayed Symptoms
Medical care doesn’t end at the ER. Follow-up care is essential, especially for identifying delayed diagnoses or late-onset infant car accident injuries. Even if your child was cleared at the scene, stay vigilant for the following in the days after:
- Physical stiffness or new complaints of pain.
- Drastic changes in behavior or mood shifts.
- Changes in sleep patterns or appetite.
Filing a Lawsuit on Behalf of a Minor
If your child was injured as a passenger or a teen driver due to someone else’s negligence, you have the right to file a claim as their parent or natural guardian. While the Statute of Limitations (SoL) for minors typically allows them to wait until they are 18 to file, we strongly recommend filing as soon as possible. Evidence disappears, and insurance companies move quickly to bury their liability.
Will My Child Have to Appear in Court?
One of the biggest fears parents have is their child being forced to testify. In reality, cases rarely go to trial and most tend to settle. If you’ve been injured, don’t let the fear of a courtroom stop you from getting justice. At Shamieh Law, we prepare for trial so that you don’t have to. Our goal is to protect your family from the stress of a courtroom while still demanding the maximum compensation.
Damages for Children
Damages for kids are handled differently than adult claims. Instead of focusing on lost current income, we focus on the potential impact the injury has on their future earning capacity and quality of life. Any settlement funds for a child can be placed into a trust, ensuring they have financial security and the resources to start their adult life when they come of age.
Shamieh Law Is Here For Your Family
We don’t take “hard cases” because they are easy; we take them because families like yours deserve a voice against the billion-dollar insurance industry. We have won over $300 million because we treat our clients like family and fight for them with everything we have.
If you have concerns after your child has been in a car accident, do not wait for the insurance company to do the right thing—they won’t. Contact Shamieh Law today at 469-813-7332 for an aggressive, proven defense of your child’s rights.
Frequently Asked Questions
What if my child says they feel fine?
Children often experience a rush of adrenaline or may not have the words to describe internal pain. Always seek a professional medical evaluation to rule out internal injuries or concussions that may not be immediately obvious.
Is my car seat still safe after a minor accident?
Many manufacturers and safety experts recommend replacing a car seat after any moderate to severe crash. Even if there is no visible damage, the internal structure may be weakened. At Shamieh Law, we recommend replacing it after any car accident.
How long do I have to file a claim for my child in Texas?
While a minor generally has until two years after their 18th birthday to file, waiting that long is a mistake. Filing now preserves evidence and ensures the funds for your child’s medical care and future are secured immediately.
How long does it take to settle a case?
A settlement can happen at any time, from a few weeks after the accident to the morning of the trial. Cases with clear liability often settle faster, while complex cases involving life-altering injuries take longer to ensure we calculate the full future cost of your care.