How are car accidents which injure children handled in North Carolina?

WBTV Channel 3 reported on August 25, 2013 that an SUV vehicle flipped several times when a mother lost control when she asked a child to say in his car seat. The mother and her five passengers were all hurt. The five children, all under eight, were the children of the mother. The accident happened on I-77 in Huntersville, North Carolina. The mother was charged with driving without a license

Mother’s negligence

In this example the parent may have been liable for the accident for different reasons. All of these reasons can be helpful in proving liability. Some of these factors are

  • Failure to have or use proper car seats and seat belts
  • Driving without a license
  • Other factors such as going too fast or failure to maintain proper control

How is the claim of the children brought?

If the children were injured, they could bring a lawsuit if necessary, against their mother for their pain and suffering. In order to bring the lawsuit, the children would have to be represented by someone other than their mother to act as a personal representative in the suit, since children can’t bring their own claims as minors. This could be someone such as their father or a court-appointed guardian ad litem.

How our firm can help

Anyone who has been in a car accident, in Virginia or North Carolina, or who knows someone who was killed in a car accident because of the negligence of another needs to have legal help. Contact Norfolk Injury Lawyer Joe Miller or call us toll free at 888-694-1671 for more information on how to proceed, how to work with your doctors, and whether you might have a significant recovery coming your way.