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Child Injuries in Car Accidents: Special Considerations in Georgia


Car accidents are traumatic experiences, even more so when children are involved. However, keeping your child safe is a responsibility that can affect your car accident claim if, in the investigations, it is deemed that you haven’t correctly followed Georgia’s restraint laws.

Furthermore, your child cannot pursue a personal injury claim until they are 18 years old, but you, as their parent or guardian, can do so on their behalf. Consulting with an Atlanta car accident lawyer is highly advisable when children are involved in car accidents.

The child's presence in the accident can play a crucial role in your car accident claim in both positive and negative ways, depending on the circumstances of your case. Yet, a lawyer can guide you through Georgia’s complex child special consideration laws to help you take appropriate action. Here is what you should know about child injuries in car accidents and the special considerations applicable in Georgia:

Child Restraint Laws and Guidelines

In Georgia, there are specific laws that govern child restraints in vehicles. For example, if a child is under eight years old, they need to be properly secured in a car seat or booster seat appropriate for their height, weight, and age. 

Children under the age of eight must be seated in the rear seat of the vehicle unless there is no rear seat available or all rear seats are also occupied by other children who are also under the age of eight.

Following the manufacturer’s guidelines for installing and using child restraint systems is also crucial. All seats must be properly secured and installed to allow the child to be seated securely.

Injuries and Medical Attention

In most car accidents, some injuries aren’t visible right away, so you should always seek immediate medical attention for yourself and your child. Keep a detailed record of all medical documentation related to your child’s injuries, as they will play a crucial role in insurance claims and other legal proceedings later. Include doctor’s reports, diagnostic test results, and hospital records.

The Statute of Limitations

In Georgia, the statute of limitations for personal injuries is two years from when the accident occurred. This is the legal timeframe for filing a personal injury claim against the negligent party.

However, if children are involved in the accident, then the statute of limitations in Georgia also has some special considerations. You can opt to file a claim on your child’s behalf, or they can file a claim once they turn eighteen years old. Consult with a personal injury attorney to learn more.

Consulting With an Attorney

Children suffer injuries and emotional trauma differently than adults. Apart from this, all sorts of special considerations can affect how your car accident claim will proceed. Consulting with a car accident attorney specializing in car accidents involving children is highly advisable. A lawyer can help you and your family pursue just compensation for the injuries and other damage suffered and explain to you your legal options and the best course of action depending on your unique accident circumstances.

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