Understanding How Car Seat Misuse Contributes to Child Injuries in Crashes

Having your child injured in an accident due to the improper use of a car seat is a frustrating and worrisome position to be in. Parents often do not expect that the car seat, a safety device for young passengers, could actually contribute to their injuries. Situations like these also often raise questions. What could you have done to protect your child better? What are the legal rights of your child after being injured? How can you protect your child and ensure their recovery moving forward? Your local Montgomery County car accident attorney is here to help you tackle what comes next. 

Ensure the Car Seat Is Preserved After a Car Accident

On the list of priorities for a parent after a car accident, preserving the car seat as evidence falls just after making sure your child has received the medical attention necessary. Once you and your child’s doctor have developed a treatment plan for your child, if necessary, your attention can turn to the car seat itself.

The car seat must be kept in the same condition as it was at the time of the accident. If a defect in the car seat is suspected, you will need to be detailed in recalling the seat’s position within the vehicle. Be sure to note how it was secured to the vehicle seat (latch or seat belt), and document the extent of the damage to the inside of your vehicle. 

Take photographs of how the car seat looks, and if you are able, return to the scene of the accident and photograph tire marks, property damage, and any vehicle parts left behind. 

What Documents Must Be Requested After a Car Accident?

Various documents are important to have for reference and evidence after a car accident. 

When considering your injured child, medical records are at the top. Emergency room visits, hospital records, operative reports, primary care visits, and follow-up appointments are all critical to support the contention that your child was seriously injured in the car accident. These records can be obtained through the provider or through any company that handles requests on behalf of the medical provider. 

In some circumstances, the evidence surrounding the accident itself will be mixed in determining fault. If it involves more than one vehicle, or if there was no clear-cut “at-fault” driver, a police report comes in handy. An experienced Montgomery County car accident attorney knows how to utilize available evidence, such as a police report, to help an injured client receive a fair outcome. 

Car Seat Defects

A defect in a car seat is different from misuse. Understanding the difference matters tremendously when it comes to preparing the case.     

If a car seat’s buckle separates while your child is in the seat and your child is propelled forward during impact, that is a defect in the car seat. Every car seat manufactured has a certain amount of pressure/weight that it must withstand. 

Being able to prove that the car seat failed to uphold that minimum standard is key to proving that a manufacturer’s defect is to blame for your child’s injuries. In many cases, an expert witness is necessary to prove a defect’s existence. In this instance, an expert will thoroughly examine the car seat, learn about the details of the accident, and analyze the other circumstances to determine whether a defect is to blame. 

Car Seat Misuse

On the other hand, misuse of the car seat involves the vehicle owner using the seat incorrectly or inappropriately. Car seats, many parents are surprised to find out, have expiration dates. Continuing to use it beyond its expiration date is an example of car seat misuse. 

Furthermore, a car seat that is not properly secured to the vehicle seat is an additional example of misuse. Following the instructions for installation is essential. The failure to ensure that the seat is level or that the seat belt is secured against the rear of the car seat can cause an imbalance, leading to injury in the event of an accident. 

Should an Attorney Be Contacted After a Car Accident Involving a Car Seat?

Speaking to an attorney experienced in handling auto accident cases involving car seats is an important step. An attorney who has represented clients in these types of cases involving car seat injuries knows how to preserve evidence, determine if a defect or misuse of a car seat caused injuries, and manage a complex lawsuit. 

Seeking medical care for your injured child is your first priority. From that point, collecting documents and preserving the car seat as it was at the time of the accident are next in line. Once your child’s immediate medical needs have been met, you can then turn your attention to troubleshooting the cause of their injuries: negligence, a defective product, or a combination of the two. 

An experienced car seat injury attorney understands that every vehicular accident is unique. The preparation that goes into serving clients should be consistent. Contact Anthony C. Gagliano, III, Esquire, P.C. for assistance if your child has been injured in a car seat during an accident. 

Defend Your Child’s Rights by Contacting an Experienced Montgomery County Car Accident Attorney

The experienced team of legal professionals at Anthony C. Gagliano, III, Esquire, P.C., puts the needs of clients first. Reach out to our office today for a charge consultation. Learn your legal options and determine the best course of action for defending the rights of your child after being injured in a car seat-related accident.