When Your Child Was Injured Because They Were Not Wearing a Seatbelt
For a parent, there is nothing more devastating than learning that your child has been injured as the result of a car accident. Even worse, you may be informed that the injury could have been prevented if the boy or girl had been wearing a seatbelt. In the event that your child or children were involved in a catastrophic motor vehicle accident (MVA) you may potentially face overwhelming medical bills, not to mention trauma and disturbance. With the help of a professional personal injury attorney, you can access a variety of resources. For this discussion, let’s take a closer look at some important safety belt laws in the State of Delaware.
Delaware Safety Belt Laws For Children
Car accidents are some of the most unpleasant experiences an adult can face, so imagine what a terrible impact an event like this can leave on a child. As promoted by the state government, the Delaware Office of Highway Safety enforces that children must be restrained in a safety seat approved by federal law, and the device must be tailored based on the juvenile’s age, weight, height, and additional factors. Here are the age-related guidelines set by the State of Delaware for you to consider as you investigate your case:
- Age 1 and younger: Child must be facing the rear of the vehicle (no exceptions)
- 1-3 years: Child must be restrained in a convertible seat or infant seat that is rear-facing
- 4-7 years: Child must be properly harnessed and facing the front of the vehicle. Slowly transition the child to a booster seat as they grow.
- 8-12 years: Child must be restrained in a booster seat until they meet physical standards (e.g. height, weight) for properly wearing seat belts. The belt must be placed across the chest and lap.
For more details on state laws, visit the official website for the Delaware DMV.
Determining Liability in Your Case
If your child received minor to potentially life-threatening injuries as a result of an accident and someone can easily be held accountable for causing that accident, you have a viable personal injury case on your hands. To determine liability, you must have evidence against the potentially guilty individual (or individuals) and ultimately prove they were responsible for inflicting injuries on the victim(s).
In the case of a car accident you were not directly involved in, you may also press charges against the culprit for negligence or failing to take responsibility for the child and failing to protect them from harm). In this event, careless actions caused the crash.
Delaware Personal Injury Attorney
Our attorneys at Edelstein, Martin, & Nelson are passionate about our practice and are knowledgeable in the laws, rules, and statutes surrounding catastrophic personal injuries in the State of Delaware. We fight for the rights of every victim and the members of victims’ families and will help you receive justice for such tragic and unfortunate circumstances. If your child has been victimized as a result of a violent motor vehicle accident, contact our office at 800-300-0909 to file a malpractice lawsuit today.