Parents everywhere buckle their kids in and pray they’ll all arrive safely at their destination.
But the unfortunate reality is that car accidents occur to families every day — and when kids are involved, they can be absolutely devastating. That’s why knowing what to do legally — once the airbags have settled — is more important than most parents realise.
The reality…
Understanding how to handle a potential insurance claim before, during, and after a crash with your kids in the car can mean everything comes out alright in the end.
Table of Contents
- Why Family Road Safety Deserves Way More Attention
- The Biggest Mistakes Parents Make Before a Crash
- What Every Parent Should Do After an Accident
- When Should You Call a Car Accident Insurance Claim Lawyer?
- How To Choose The Right Attorney For Your Family
Why Family Road Safety Deserves Way More Attention
It’s bad enough that innocent children are injured every day…
But according to the National Highway Traffic Safety Administration (NHTSA), an estimated 156,502 kids were injured in traffic accidents in 2022 alone. That’s 429 children injured every day of the year.
Traffic fatalities are also creeping up for kids…
Per the CDC, child traffic deaths increased by 18% for anyone aged 17 and under between 2019 and 2023. After years of gradual declines, we’re moving in the wrong direction.
These aren’t stats to parents who’ve lost a child…
These are families that were doing everything “right” and just wanted to run a quick errand. Kids fight over who gets to sit in the front seat on road trips for this very reason! Short drives to the store shouldn’t end in tragedy.
Mishaps happen. But parents should know their legal options too.
If your child is injured because of someone else’s negligence on the road, speaking with an experienced Illinois car accident attorney early can make all the difference between a fair settlement and a headache-inducing battle with insurance companies.
The Biggest Mistakes Parents Make Before a Crash
For the most part, everyone knows basics like car seats, seatbelts, and no phones.
Parents get their children’s seats installed at the store. They switch their phones over to “do not disturb” so they won’t be tempted by notifications.
But there are a handful of larger things most parents don’t think about. And they can come back to bite you…
Not Using the Correct Car Seat
Not all car seats are created equal. Based on age, weight, and height your child will need:
- A rear-facing seat
- A front-facing seat with harness
- A booster seat
- Seat belt only
Failing to upgrade as your child grows is dangerous and increases the risk of serious injury. NHTSA found that 40% of kids killed in crashes were unrestrained. That means no seat at all.
Allowing your child to sit in the front seat too soon
The CDC advises keeping children ages 12 and under in the back seat of cars. Airbags can cause significant harm to children who don’t meet the height and weight requirements necessary to ride in the front.
Forgoing distractions
Kids in cars = distraction. Period.
Little ones throw tantrums. Teens text. All ages ask questions about places they haven’t been (“Are we there yet?”). Anticipate distractions before you leave and create a plan to avoid them as much as possible.
What Every Parent Should Do After an Accident
Most parents think calling the police and exchanging insurance info is good enough…
But after a serious accident with kids in tow, not thinking ahead can cost you time — and even money — down the road during settlement negotiations.
Follow these easy steps after every accident:
- Check children for injuries before doing anything else
- Call 911 to file a report — even if it’s a “minor accident”
- Don’t admit fault or apologize at the scene
- Take photographs of vehicles, damages, roads, injuries, etc.
- Get the names and numbers of any witnesses
- Seek medical attention for your children ASAP
- Document everything and keep copies of medical bills/treatment
Step seven is where most parents fail to follow through.
After a child gets hurt, parents often take them to the doctor multiple times. Be sure to keep a file with date of visits, reason for visit, treatment provided, etc.
When insurance companies see you weren’t diligent about your child’s health, they’ll delay or deny claims because you “don’t seem hurt.”
When Should You Call a Car Accident Insurance Claim Lawyer?
Here’s the reality about insurance providers…
They’re not in business to take care of you. They’re in business to pay you out as little money as possible.
When children are injured, there are more costs to consider. Past medical bills are only the beginning. What about:
- Future medical treatment
- Pain and suffering
- Mental trauma
- Lost wages if parents have to stay home from work
- Lost childcare if other siblings are impacted
- Can they make a full recovery?
- Will they need physical therapy?
Insurance adjusters are skilled at lowballing parents into accepting these cases early for far less than they deserve.
That’s why having a knowledgeable car accident insurance claim lawyer on your side is vital. Attorneys can help you:
- Understand the true value of your claim
- Deal with insurance companies directly
- Gather information and evidence to support your claim
- Identify all negligent parties
- Negotiate with insurance companies on your behalf
- Sue for damages in court if needed
Should you call a lawyer after an accident with your kids in the car?
As soon as you can. Many personal injury lawyers offer free consultations so you can get an idea what you’re entitled to before filing a claim.
Don’t be scared to ask for help. Navigating through your insurance on your own is a headache most parents don’t have time for.
How To Choose The Right Attorney For Your Family
When looking for legal representation, experience is everything.
Look for someone who:
- Has a history of successfully settling car accident cases
- Specialises in injury accidents involving children
- Offers a FREE consultation to discuss your case
- Works on a contingency fee basis (you don’t pay unless you win)
- Is upfront about their claims process and your options
If they aren’t giving you straight answers, keep searching.
Parents have a right to ask questions and understand their options. Beware of anyone that convinces you to act immediately or pay up front.
Putting It All Together
Always use proper restraints and eliminate distractions.
Beyond that, knowing what to do after a crash occurs is every parent’s responsibility. Understanding your family’s legal rights and contacting a car accident insurance claim lawyer as soon as possible is part of that responsibility.
Accidents won’t wait for you to become legally savvy.
Don’t wait for an accident to happen before researching local lawyers. Understand your rights now so you’re prepared to go to battle if needed down the road.