Every year, millions of individuals are involved in car incidents. Such accidents not only result in trauma but can also lead to severe, sometimes fatal, injuries. The impact is especially profound when children are involved, given their heightened vulnerability. However, children are considered at higher risk of road traffic accidents due to their restricted physical, cognitive, and social development, which limits their ability to shield themselves compared to adults. This blog will explain the legal implications of car accidents involving child victims and discuss preventative measures to safeguard them from such incidents.
Common Car Accident Injuries that Children Sustain
A car accident involving children can be a deeply distressing event. In those cases when the children don’t appear injured, it’s crucial to seek immediate medical care right after the car accident. Remember, many medical conditions may not present symptoms until days or weeks after a collision, making an immediate physician’s exam significant. The following are some of the most common car accident injuries:
1. Head and Neck Injuries
Whiplash, concussion, broken neck, traumatic brain injury (TBI), soft tissue injury and skull fractures are considered some of the destructive injuries that often occur due to car crashes. However, head trauma may cause permanent damage to one’s emotions, memory, concentration, and cognitive abilities.
2. Chest Injuries
Many children suffer from broken ribs or collapsed or punctured lungs, particularly in car accidents. These injuries can also lead to restraints tightening or failure to use seat belts.
3. Fractures
Car crashes can result in severe fractures ranging from wrists, legs, and arms to pelvis and other bones, causing extreme discomfort to the children. While some children fully recover, others can experience permanent limitations of movement that affect their activities and quality of life.
4. Psychological Trauma
A car crash can cause severe psychological trauma that can result in nightmares, difficulty sleeping, anxiety, depression, and other mental conditions.
Child Car Seat and Booster Seat Laws
According to Canadian regulations, booster seat law allows you to choose the right seat fit for better protection during a sudden stop or a car crash. Booster seats are crafted for children who have surpassed the usage of their forward-facing child seats and weigh a minimum of 18 kg (40 lb). This helps keep the vehicle’s adult seat belt where it needs to be, shielding the children. The shoulder belt should sit in the middle of the child’s shoulder for the following reasons:
- This provides the most comfort to your child.
- This stops the child from slipping out of the seat.
- It prevents the belt from coming loose during sudden stops or accidents.
It’s crucial to understand that neglecting to adhere to booster seat regulations can result in significant consequences, including fines and demerit points on the driver’s license.
How to Protect Young Passengers in a Car Crash
Even after children outgrow car seats, ensuring their safety on the road remains a top priority. Following essential safety regulations can significantly reduce the risk of injury in the event of a crash. Here’s what you need to do:
1. Use a Booster Seat When Needed
If your child has not yet reached the age, height, or weight requirements for a standard seatbelt, continue using a booster seat. This ensures the seatbelt fits them correctly and provides the necessary protection.
2. Ensure Everyone Wears a Seatbelt
Seatbelts save lives—adults, older kids, and teens should always wear them, no exceptions. Make it a non-negotiable rule for every passenger in your vehicle.
3. Prevent Children from Entering Vehicles Unsupervised
Young children can accidentally trap themselves inside a parked car, leading to serious risks like heatstroke or suffocation. Always lock your vehicle and store keys out of reach.
4. Practice Defensive Driving
Stay alert, obey traffic rules, and anticipate potential hazards. Defensive driving minimizes the risk of collisions and keeps young passengers safe.
5. Never Drive Under the Influence
Alcohol and drugs impair judgment and reaction time. Never get behind the wheel after consuming any substance that affects your ability to drive safely.
6. Choose the Safest Vehicle Possible
When selecting a family car, prioritize vehicles with high safety ratings, advanced crash protection features, and child-friendly safety mechanisms.
7. Avoid Bulky Clothing in Car Seats
Thick jackets or bulky clothing can create loose straps, reducing the effectiveness of car seat restraints. Instead, fasten the harness snugly over lighter clothing and cover your child with a blanket if needed.
8. Keep Kids in the Back Seat
The front seat is not safe for young passengers due to airbag deployment risks. Children should always ride in the back seat, ideally in the middle seat, which offers the best protection in a crash.
9. Avoid Driving All Night with Kids in the Car
Fatigue impairs reaction time and increases the risk of accidents. Long nighttime drives can lead to drowsy driving, which is dangerous for everyone in the vehicle. Plan rest stops and avoid overnight trips whenever possible.
10. Position Children in the Middle Rear Seat
Statistically, the middle rear seat is the safest spot in a car for children. It provides the most protection in case of a side-impact or head-on collision.
Conclusion
When children become victims of car accidents, the consequences can be highly devastating. However, the Canadian government has designed booster seat laws to protect children from hazardous road accidents. It is significant to follow the safety tips outlined in this blog to ensure the safety of young passengers. In such cases, you can also rely upon a car accident lawyer who can help protect your children’s rights and defend your case against the opposite party. Get in touch with MacIsaac Gow LLP for expert legal guidance following a car accident involving a child. We will help you learn more about your case and evaluate your options.
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