Losing a child is devastating for any parent. When that loss is because of a car wreck, the pain and grief can be overwhelming. Unfortunately, car accidents are a leading cause of death for children across Texas and the United States. According to a report from the Centers for Disease Control and Prevention, 607 children were killed in car wrecks in 2020. In Texas, more than 4,480 people were killed in auto accidents in 2021, making it the second deadliest year on record, according to the Texas Department of Transportation.
In this article, our experienced Texas child wrongful death lawyers at The Button Law Firm aim to educate parents about common causes of these tragic accidents and the legal options they can take in the aftermath of a horrific tragedy, such as losing a child in a fatal car accident.
What Are The Leading Causes of Catastrophic Injuries to Children in Texas?
Negligent driving behaviors are among the leading causes for automobile-related fatalities, including catastrophic car wrecks involving children in Texas, according to a recent report from the Texas Department of Transportation. This is simply unacceptable because bad behavior while driving is easily preventable. Many children could still be alive. Car-accident scenarios that result in the death of a child include:
- Drunk driving or driving under the influence
- Distracted driving such as using a mobile phone or social media while behind the wheel
- Reckless driving, including running red lights and disregarding traffic signs
- Speeding
Because car wrecks are one of the leading causes of death among children, with an average of two children under the age of 13 killed each day, the Texas Department of Public Safety has dedicated time each third week of September to Child Passenger Safety Week in order to help drivers protect the lives of children across the state.
What Injuries Can Lead to a Wrongful Death of a Child After a Car Wreck?
Texas laws regarding child safety in motor vehicles have gotten stricter over the years in the effort to protect children and prevent catastrophic injuries. For instance, children riding in a car under the age of 8 are required to be secured in a child safety seat. However, these precautions are not foolproof.
A child can experience fatal injuries in a serious car accident, including:
- Punctured organs
- Spinal cord injury
- Traumatic brain injury (TBI)
Can I File a Lawsuit After My Child Was Killed in a Car Accident?
When a child is killed or sustains serious injuries in a car wreck in Texas, the family has a right to file a lawsuit to seek compensation, also known as damages, and hold the negligent party accountable. Following a fatal car accident involving the death of a child, parents may be eligible for compensation to cover:
- Emotional damages such as pain and suffering
- Funeral expenses
- Lost wages from missing work to grieve the loss of a child
- Medical expenses incurred prior to a child passing away
- Mental anguish
- The loss of affection, love, and companionship that results from a child’s injury, also known as filial consortium
- Other unexpected costly fees
Families have two years from the date of the car wreck to file a claim. There are some exceptions to this time limit, so contact our knowledgeable child wrongful death attorneys and we can determine how the legal statutes impact your case.
Schedule a Free Consultation with Our Texas Child Injury Lawyers
Our team of experienced and compassionate Texas child injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child is killed or sustains serious injuries in a severe wreck. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form for a free consultation.
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