Accidents involving children and vehicles are among the most emotionally devastating incidents a parent can face. When a child is hit by a car in Georgia, it creates fear, confusion, and uncertainty about what to do next. While your child’s health and medical care must come first, it is also important to understand your legal rights and options.
This comprehensive guide explains the steps parents should take after such an accident, the legal process for filing a personal injury claim with Atlanta Car Accident Lawyer, and how a personal injury attorney or law firm can protect your child’s rights and future.
1. Immediate Steps After the Accident
Ensure Medical Help Immediately
Call 911 right away if your child has been struck by a vehicle, even if injuries seem minor. Some injuries, such as internal bleeding or head trauma, may not be obvious immediately but require urgent attention.
Stay Calm and Support Your Child
Children may be scared or in shock. Staying calm and remaining by their side helps provide emotional comfort while waiting for medical and emergency responders.
Do Not Leave the Accident Scene
Both the parent and the at-fault driver must remain at the scene until law enforcement arrives. Leaving could harm your ability to file an effective accident claim later.
2. Contact Law Enforcement and File a Police Report
Filing a police report is crucial to document the details of the incident. This report includes statements from the driver, witnesses, and the officer who responds. It forms a foundation for any legal claim or insurance claim you may file.
3. Preserve Evidence
Take Photos and Videos
If safe, capture images of the accident scene, the vehicle(s), skid marks, traffic signs, and your child’s injuries. This evidence supports your personal injury claim and helps establish liability.
Keep All Medical Records
Maintain a detailed file of your child’s medical care, including hospital bills, treatment plans, prescriptions, and receipts. These records are essential to calculate damages in the claim.
4. Full Medical Evaluation for Your Child
Even if emergency personnel clear your child at the scene, arrange for a thorough evaluation by a pediatrician or specialist. Children can suffer from severe injuries like head trauma, spinal cord damage, and emotional trauma that may not be immediately obvious.
5. Be Careful with Insurance Companies
Insurance adjusters representing the at-fault driver may contact you soon after the accident, offering quick settlements or recorded statements. These offers often undervalue the true cost of medical care and emotional suffering.
Consult a qualified personal injury attorney before communicating with any insurance company to protect your child’s interests.
6. Understanding Liability in Georgia
Georgia law generally holds drivers to a higher standard of care around children, especially near schools and playgrounds. Determining fault involves questions like:
- Was the driver distracted or speeding?
- Did the child suddenly enter the road?
- Were traffic signals or crosswalks properly used?
Georgia’s comparative negligence rule means if your child is partially at fault, compensation may be reduced, but young children are often presumed incapable of negligence.
7. Can Parents File a Claim for Their Child?
Yes. Parents and guardians can file a personal injury claim on behalf of their minor child to recover damages such as:
- Medical bills and future medical care
- Pain and suffering
- Emotional trauma
- Lost enjoyment of life
- Long-term disability or disfigurement
A court may appoint a guardian ad litem to protect the child’s legal interests during the case.
8. What If the Driver Was Uninsured or Underinsured?
If the at-fault driver does not have enough insurance coverage, you may be able to file a claim with your own uninsured/underinsured motorist insurance. This coverage helps protect victims from drivers without adequate auto insurance policies.
9. The Emotional and Psychological Impact
Beyond physical injuries, your child may experience lasting emotional distress such as PTSD, anxiety, or fear of vehicles. Professional counseling may be necessary, and these costs should be included in any claim.
10. Statute of Limitations in Georgia
Generally, a personal injury lawsuit must be filed within two years of the accident date. For minors, this period may be extended until they turn 18, but medical expense claims by parents still adhere to the two-year limit. Prompt action is crucial to avoid losing your legal rights.
11. Special Considerations for Schools and Public Entities
If the accident occurred near a school or daycare, or involved public transportation, different rules and shorter deadlines may apply for claims against these entities. Notice often must be given within six months.
12. How Ted Law Firm Can Help
At Ted Law Firm, we know the pain and uncertainty families face after a child is injured in a pedestrian accident. Our experienced legal team will:
- Investigate the accident thoroughly
- Identify all negligent parties
- Work with medical professionals to assess injuries and needs
- Handle insurance claims and negotiations
- Fight for maximum compensation for your family
You don’t have to face this legal process alone.
13. Preventing Future Accidents
Promote road safety with your children by teaching them to:
- Use sidewalks and crosswalks
- Stay alert near roads
- Advocate for local traffic safety improvements
No parent expects their child to be involved in an accident, but knowing what to do ,medically and legally ,can protect your child’s recovery and future.
Contact Ted Law Firm today for a free consultation. Our dedicated personal injury attorneys will guide you through every step and help secure the justice your family deserves. Let Ted Law Firm handle the legal stress while you focus on healing. In addition to Georgia we also proudly help people in Atlanta, Columbus, Macon, Athens, Savannah, Warner Robins, and all of Georgia! We advocate for accident victims across South Carolina and Georgia. We fight for fair compensation – even when insurance companies don’t.
