In Spokane, there’s always the threat of being in a car accident, and unfortunately, these incidents frequently result in injuries to children. Among the most common types of injuries in these incidents include broken bones, which can be traumatic and last well after the original accident.
Since 1948, the team at Crary and Dominco, P.S. has been helping clients in Spokane navigate the legal process following a car accident and can offer vital support when your child is injured in such an incident. Don’t wait to get the help your child needs. Contact us today to set up a free consultation.
What Legal Options Do You Have After Your Child is Injured in a Spokane Car Accident?
When a child is involved in a car accident in Spokane, it can be particularly unfortunate and sometimes more severe–especially when it results in broken bones. However, it’s important to understand that legal options are still available in these cases, albeit with certain distinctions due to the involvement of a child. This raises questions regarding liability.
In general, a child in a car is treated similarly to any other individual when it comes to liability. If another driver is responsible for the accident, you or another adult responsible for the child can pursue a claim on the child’s behalf. However, Washington’s comparative negligence rule is a factor to consider. If your child gets hurt due to their actions while riding with you, some liability may be shared.
Ultimately though, determining responsibility for the accident hinges on negligence, which could involve actions such as:
- Exceeding the speed limit.
- Driving too fast for current weather conditions.
- Failing to yield the right of way.
- Ignoring traffic signs or violating traffic regulations.
- Reckless and dangerous driving.
- Driving under the influence of alcohol or drugs.
- Inattentive driving.
Claim Process
Once liability is established, our experienced legal team can assist you in the process of filing a claim for damages on your child’s behalf. These claims offer the opportunity to seek financial support from the responsible party’s insurance company to cover various injuries and damages, including:
- Current and future medical expenses.
- Financial considerations for cases where the injury results in a permanent change in appearance or disability.
- Addressing the physical and emotional distress your child endured due to the accident.
- Recognizing the loss of your child’s ability to enjoy life as they did before the incident.
- In the unfortunate event of a fatal accident, covering funeral and burial expenses, along with other related damages.
It’s important to act quickly when your child gets hurt in a car accident. This helps not only with immediate medical bills but also with your child’s recovery in the long run. We understand this is a tough situation, but our team can make it easier for you.
What Leads to Broken Bones in Spokane Car Accidents?
As with any accident, a child is particularly vulnerable to injuries for a variety of different reasons. While the type of injury can depend on the severity of the accident, broken bones are a common outcome of these incidents. When looking at these various circumstances, it’s easy to see why a child can suffer broken bones in a Spokane car accident:
- Impact force – The force of a car accident can exert a significant impact on a child’s body, leading to fractures in bones. Even at lower speeds, sudden deceleration or collision forces can cause bones to break.
- Not being restrained – Inadequate or improper use of child car seats or seatbelts can increase the risk of injury in a crash. A properly secured child is less likely to experience severe bone fractures.
- Side-impact – Side-impact accidents, such as T-bone collisions, can be particularly dangerous for children as the side of the vehicle where they are seated may absorb a significant portion of the impact, potentially leading to bone injuries.
- Make and model of the vehicles – The size and type of vehicle involved in the accident can also play a role. Smaller cars may offer less protection in the event of a collision, increasing the risk of bone fractures.
- Physical makeup of the child – Younger, smaller children are more vulnerable to injury in car accidents. Their bones are still developing and may be more prone to fractures.
- Position in the vehicle – The position of the child in the car, whether in the front or back seat, can impact their safety. It’s generally safer for children to ride in the back seat, away from the front airbags.
- Speed of the accident – The speed at which the accident occurs is a critical factor. Higher-speed collisions are more likely to result in severe injuries, including broken bones.
Common Injuries
Obviously, you want to avoid car accidents when there’s a child in your car. That said, these accidents can happen out of nowhere. So, it’s important to know how to respond and what to expect in terms of broken bones and related injuries:
- Arm fractures – Children may extend their arms to brace themselves during a collision, leading to fractures in the upper arm (humerus) or forearm (radius and ulna).
- Broken collarbones – The collarbone can break when a child’s chest or shoulder area is impacted in a car accident.
- Leg fractures – Car accidents can result in fractures of the femur (thigh bone), tibia, and fibula (lower leg bones), especially if there is a direct impact or if the child’s legs are pinned.
- Pelvic fractures – High-impact collisions can cause pelvic fractures in children, which can be particularly serious and may require surgical intervention.
- Rib fractures – The ribs can break when the chest area is subjected to significant force in a car accident. Rib fractures can be painful and may impact lung function.
- Spinal fractures – Severe car accidents can lead to spinal fractures in children, which can have long-term consequences and may result in spinal cord injury.
- Facial and skull fractures – Head injuries can lead to fractures in the facial bones or the skull. These can be especially concerning due to the potential for associated brain injuries.
- Hip fractures – Hip fractures can occur if a child is seated in an improper position in the car seat and the hip area is impacted during the accident.
Regardless of the type of fracture or broken bone your child suffers, it’s important to get them immediate medical attention to address their injuries. Much like any other accident, their health and safety are the top priority. After that’s taken care of, consider reaching out to our team.
Should You Hire a Lawyer After a Spokane Car Accident?
There’s no legal requirement in Washington that says you need a lawyer to file a claim, but given the complexities of dealing with a child’s injury, it’s in your best interest to at least get an initial consultation with our team. We can assess your case and explain the process. If you decide to move forward, our team can assist you through these key steps in the claims process, with a focus on a child’s broken bone injury:
- Investigation and evidence gathering – We can investigate the accident and help collect crucial documents and evidence, including photos of the accident scene and witness contact information, along with relevant medical records related to your child’s injury.
- Insurance claim filing – If you have the at-fault party’s insurance information, we can assist in filing a claim with their insurance company to initiate the process, with a special emphasis on your child’s well-being.
- Settlement negotiation – Once the claim is filed and the investigation is complete, the at-fault party’s insurance provider will likely offer a settlement. Our team can review this offer and negotiate for a higher amount if it seems inadequate, taking into account your child’s specific needs.
- Lawsuit filing – If a fair settlement can’t be reached with the insurance company, you may need to file a lawsuit to seek compensation for the child’s injury. Our team will guide you on the best course of action based on the child’s case, and if successful, you may recover damages to compensate for your child’s broken bone injury.
Experienced Spokane Car Accident Lawyers Can Help Your Family
At CCD Law, we’re dedicated to making sure you and your family have the legal support and guidance you need after a Spokane car accident results in broken bones or other injuries to your child. We’ll evaluate your case and explain how the process works so that you can focus on your child’s treatment and recovery. To get started, contact us today for a free consultation.
