As a father and Virginia (VA) car accident injury attorney, it’s the wrecks that involve children that bother me the most. Many times there is nothing the parent driver can do to prevent the accident that harms their children. But in rare occasions, the parent causes the accident. This was the case in Lancaster, California (CA), when six children were injured in a rollover crash.
The crash was caused by the children’s mother, who was arrested on suspicion of driving drunk/DWI. The children, who range in age from 10 months to 11 years old, were seriously injured. Some of the children were partially ejected from the vehicle, and the 10 month old had to have his food amputated.
There’s just no excuse for the kind of behavior the mother displayed. It made me sick to my stomach to hear about that poor child who will be permanently injured because of such a selfish act.
The question that is raised here is whether the children will have to suffer for the sins of the mother. What are the legal rights of an injured child?
I’ve been asked this question multiple times because some people are under the impression that in a court of law, a child’s legal rights are trumped by the parent’s rights. This is not the case. In Virginia, North Carolina (NC), and most other states, there is no longer any “interfamily legal immunity” in car accident cases or most other situations. This means that if a family member driving a motor vehicle is careless or negligent and winds up injuring a relative who is a young child or teen, the child or teen may bring a claim under the law against his or her own parent or family member.
Keep in mind, most insurance policies — car or homeowner — protect and provide coverage to a parent or family member for a careless or negligent act, whether they are sued by any third party, or by their own family member. If your child is injured in a car accident or in any other way, I recommend reading the Virginia (VA) Child and Teen Safety Guide.
CT