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Car accidents involving children are among the most devastating and emotionally distressing incidents on Phoenix roadways. Children are especially vulnerable in car crashes due to their smaller size, physical fragility, and inability to anticipate or react to sudden dangers. When a child is injured in a car accident, families are left facing immense emotional trauma, costly medical bills, and an uncertain future.
At Torgenson Law, we understand the pain and difficulties that come with these heartbreaking accidents. Our dedicated Phoenix car accident attorneys are here to help families navigate the legal process, hold negligent drivers accountable, and secure the compensation needed to support their child’s recovery.
Car crashes are one of the leading causes of injury and wrongful death among children in the United States. According to the Centers for Disease Control and Prevention (CDC), thousands of children are seriously injured in motor vehicle accidents each year. In Phoenix, where heavy traffic, high-speed freeways, and distracted drivers are common, children are at an increased risk of being involved in serious car crashes.
Some of the most common scenarios where children are injured in car accidents include:
Because children’s bodies are still developing, injuries from car accidents can have lifelong consequences, requiring extensive medical care, rehabilitation, and psychological support.
Car accidents that result in child injuries are often preventable and occur due to driver negligence or unsafe road conditions. Some of the most frequent causes of these accidents include:
Texting, talking on the phone, eating, or using in-car technology while driving can lead to a serious crash. A driver who takes their eyes off the road for even a few seconds can fail to notice a child in a crosswalk, school zone, or bike lane.
Excessive speed reduces reaction time and increases the severity of crashes. When drivers speed through school zones, residential neighborhoods, or intersections, they put children at serious risk. Reckless driving behaviors such as tailgating, aggressive lane changes, or running red lights can also lead to severe child injuries.
Drivers under the influence of alcohol, drugs, or prescription medications have slower reflexes and impaired judgment, making it more likely they will fail to notice a child on the road or react in time to prevent a collision.
Many accidents involving children occur because drivers fail to yield at crosswalks, school zones, or stop signs. Children may not always check for oncoming traffic, making it critical for drivers to follow right-of-way laws and drive cautiously around areas where children are present.
Poorly maintained roads, missing traffic signs, faded crosswalks, and broken traffic lights contribute to car accidents involving children. Reduced visibility at night or in bad weather can also increase the chances of a driver failing to see a child crossing the street or riding a bicycle.
Because children’s bodies are smaller and more fragile than adults, they are more susceptible to serious injuries in a crash. Even with proper car seats and safety restraints, the force of impact in an accident can cause severe, life-altering injuries. Some of the most common child injuries in car accidents include:
A blow to the head during an accident can lead to concussions or severe brain trauma, affecting a child’s cognitive function, memory, and development. Long-term effects of TBIs in children can include learning disabilities, speech difficulties, and behavioral changes.
High-impact crashes can damage a child’s spinal cord, leading to nerve damage, mobility issues, or paralysis. Spinal injuries often require long-term rehabilitation and can result in permanent disability.
The force of a car crash can break a child’s arms, legs, ribs, or collarbones. Fractures may require surgery, physical therapy, and extended healing periods that interfere with daily activities and school.
Blunt force trauma can cause serious internal injuries, such as damage to the liver, spleen, or kidneys. These injuries are often not immediately visible but can be life-threatening if not treated promptly.
Even at low speeds, car accidents can cause whiplash, muscle strains, and soft tissue injuries in children. These injuries may lead to chronic pain, reduced mobility, and difficulty performing everyday activities.
Beyond physical injuries, car accidents can have lasting emotional and psychological effects on children. Many young victims experience post-traumatic stress disorder (PTSD), nightmares, anxiety, and a fear of getting into a car again.
Many parents and caregivers have misunderstandings about car accidents involving children, which can impact how they respond after a crash. These misconceptions can prevent families from taking the necessary legal steps to protect their child’s rights and secure the compensation they deserve. Below are some of the most common myths about car accidents involving children — and the truth behind them.
While it is true that children are generally safer in the back seat, this does not mean they are immune to serious injuries in a crash. Even with car seats, booster seats, and seat belts, the force of impact in a high-speed collision can cause severe trauma to a child’s head, spine, and internal organs. Children are also more vulnerable to whiplash and soft tissue injuries due to their smaller bodies. Parents should always seek medical attention for their child after an accident, even if there are no visible injuries.
Many injuries, including concussions, internal bleeding, and soft tissue damage, do not present immediate symptoms. A child may feel fine after a crash but develop symptoms hours or even days later. Delaying medical care can put a child’s health at risk and make it harder to prove that their injuries were caused by the accident. Seeking prompt medical attention ensures that any hidden injuries are diagnosed early and documented for potential legal claims.
Many parents assume that the at-fault driver’s insurance company will fully cover their child’s medical expenses, but insurance companies often try to minimize payouts. They may argue that certain treatments are unnecessary, downplay the severity of injuries, or offer a low settlement that does not cover long-term care needs. An experienced attorney can negotiate with insurance companies to fight for families to receive the full compensation necessary to cover medical bills, rehabilitation, and future healthcare costs.
Arizona law requires children to be properly restrained in a car seat, booster seat, or seat belt depending on their age and size. However, if a child was not wearing a seat belt at the time of the crash, that does not mean a claim cannot be filed. Under Arizona’s comparative negligence laws, parents may still pursue compensation, though the total amount awarded may be reduced based on the level of fault assigned. Regardless of seat belt use, a negligent driver can still be held responsible for causing the accident.
While parents or legal guardians typically file claims on behalf of their injured child, Arizona law allows for other legal options depending on the circumstances. If a child was in the care of a school, daycare, or another responsible party at the time of the accident, liability may extend beyond just the at-fault driver. Additionally, in cases of severe or permanent injuries, legal guardians may be appointed to manage financial settlements on behalf of the child.
Even a low-speed collision can result in injuries that require medical attention and long-term care. Many children develop anxiety, PTSD, or behavioral changes after a car accident, even if their physical injuries appear minor. Additionally, medical costs can accumulate over time, especially if future treatments, therapy, or rehabilitation are needed. Consulting with a lawyer ensures that families understand their legal options and do not accept a settlement that fails to cover their child’s full medical and emotional recovery.
Misconceptions about car accidents involving children can prevent families from taking the necessary steps to secure medical care and legal compensation. Knowing the truth about how these cases work allows parents to make informed decisions that protect their child’s well-being and financial future. If your child has been injured in a car accident, consulting with an experienced Phoenix car accident lawyer can help ensure that your family’s rights are fully protected.
Determining liability in a car accident involving a child is critical to ensuring families receive full compensation for medical expenses, emotional distress, and future care needs. Depending on the circumstances of the accident, multiple parties may be held responsible, including:
Drivers who engage in reckless behavior, such as speeding, distracted driving, or failing to yield, can be held legally responsible for a child’s injuries. Arizona law requires drivers to exercise caution, particularly in school zones and residential areas.
If a rideshare, delivery, or commercial vehicle was involved in the accident, the driver’s employer may also be liable. Companies that fail to properly train drivers or enforce safe driving policies may share responsibility for the crash.
If a hazardous road condition — such as a malfunctioning traffic light, missing crosswalk markings, or unsafe intersections — contributed to the accident, the city or state responsible for maintaining Phoenix roadways may be partially liable.
If a defective car seat, faulty airbags, or a brake system failure contributed to the accident, the manufacturer or repair shop may be held responsible for producing or maintaining an unsafe vehicle.
Families of children injured in car accidents may be entitled to financial compensation to cover the costs associated with their child’s injuries and recovery. Compensation typically includes:
Economic damages cover tangible financial losses, including medical expenses, hospitalization costs, surgeries, rehabilitation, and future medical care. If a child’s injuries result in long-term disabilities, compensation may also include anticipated future expenses, specialized education, and assistive devices.
These damages compensate for pain and suffering, emotional distress, PTSD, and the loss of a child’s quality of life. Many children experience trauma and anxiety after an accident, which may require therapy and long-term emotional support.
If the at-fault driver acted with extreme recklessness — such as driving under the influence or engaging in road rage — punitive damages may be awarded. These damages serve as a punishment and deterrent for similar reckless behavior in the future.
At Torgenson Law, we understand that no amount of compensation can undo the pain of seeing a child suffer due to a car accident. However, pursuing legal action can help families secure the financial resources they need for medical care, rehabilitation, and emotional recovery.
Our experienced Phoenix car accident attorneys will investigate the accident, gather evidence, and negotiate with insurance companies on the behalf of families to receive full and fair compensation. We are committed to holding negligent drivers accountable and fighting for justice on behalf of injured children.
If your child has been injured in a car accident in Phoenix, do not wait to take legal action. Arizona law limits the time you have to file a claim, and acting quickly strengthens your case. Call Torgenson Law today at 602-726-0747 or reach out online for a free consultation. Let us handle the legal complexities while you focus on helping your child recover.
