Children in Car Accidents

A car accident is bad enough if it is just you in the car. But when your child or children are in the car, you have another person to worry about, and maybe prioritize ahead of yourself. It’s not enough anymore to worry about your own injuries and how they affect your quality of life- you now need to worry about that for your child as well.  

The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have been in a car accident with their children.  Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call.  You can contact us for a free consultation, or read on to find out more.

By the way, we will also help with other problems that have cost you sleep, like getting a rental car very soon and finding a nearby doctor who can help you. Even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.

For this article, the assumption is that the child is a passenger in the accident. For more information on teen drivers, visit our Teenage Drivers page.  

Read Our Client Reviews

“My partner and I, along with our 3 children, were in a car accident. I had found a wonderful chiropractor after the accident (Dr. Taylor) and he referred me to … [Phoenix Accident and Injury] Law Firm. I was actually shocked at the quick response. I had left a few voicemails on Goldberg and Osbourne, and never got a return call even! The day I called … [Phoenix Accident and Injury] an associate came to my house that day to go over everything and I signed with them.

I couldn’t believe she took the time to drive to my house, it was very helpful seeing as though my car was totaled. I was relieved to not have to deal with the harassing calls from the insurance companies, all I had to do is say cal my lawyer. What a relief. I was able to email and text any questions I had and always had a response within 24 hours. My dad is an attorney out of state, has been for decades, and he even called and talked to the associate I signed with, he said he felt very comfortable and also said they seem to be “very sharp”.

Everything went smooth, our settlement was more than we expected. Everything was always explained and we knew exactly what was happening all the time. We closed up with Carolyn Button who was prompt and thorough going over the paperwork and breaking everything down for us. Hope to not get into any more accidents, but without a question this is where I would go.” – Jesse Chanley (Read this Review on Google)

“I called … [Phoenix Accident and Injury] law firm when I got into an accident with my daughter. My attorney Ariana was very professional and I would highly recommend her to families and friends.” – Shelley Deng (Read this Review on Google)

“My daughter was involved in an accident and we selected… [Phoenix Accident and Injury] Law Firm to represent her. Our experience was very positive as we always were treated professionally yet compassionately. Ruby Torres was our attorney and she was fantastic to work with. She always kept us in the loop as to what was happening with our case and always answered our questions quickly. Thank you for helping us navigate this very scary experience. Our outcome was in line with the expectations that were set at the initial meeting.” – Jennifer Campion (Read this Review on Google)

“My daughter was a passenger in a car accident. The insurance company refused to pay because her friend did not have a full coverage policy. Ariana Byrd took on the case. Her primary goal was to ensure my daughter had proper medical treatment. She did not let the insurance company off the hook. She kept us informed almost weekly on the progress of the case. She is very professional, knowledgeable of the law, responsive, and kept her promises to get my daughter’s best deal. I highly recommend her.” – Marwan Aiche (Read this Review on Google)

What Should I Do If My Child is in a Car Accident? 

After getting into a car accident with your child, there are a few steps you should follow.  

1. Assuming your child(ren) are in the backseat, turn around and check on them. Make sure they are conscious. Additionally, make sure that if your child is young enough to be in a car seat, they are not laying in a puddle or any sort of water- children in car seats may become submerged in water without being able to remove themselves.  
2. Do a quick check for injuries on yourself. Make sure that you are not injured badly.  
3. Pull as far over to the right as possible and call the police.  
4. Before they arrive, ask your children what hurts. If they complain that they cannot feel a body part, or if they are trapped under something, wait for the paramedics arrive. You do not know what injuries they have, and moving them could be dangerous.  
5. Gather information from the other driver including name, license plate number, and other insurance information. Collect the names and contact information of eyewitnesses if possible.  
6. Give a report to the police. Be as detailed and thorough as possible. Record the police officer’s name and badge number. 
7. Go to a hospital to make sure you aren’t injured, even if you don’t feel any pain. Have your children see a doctor as well, even If they aren’t showing signs of injury.   
8. File a claim with your insurance company and contact a personal injury attorney. 

What Happens When a Child Is Involved In a Car Accident? 

Your insurance, and the other driver’s insurance, will treat accidents involving children differently than other types of accidents. As the parent, you will receive separate compensation for any medical bills your child may have. While your child has the right to compensation for injuries, emotional distress, job loss, loss of future wages, and disability, they will not be able to negotiate for themselves. Either you will have to negotiate on their behalf as a parent, or you may hire a personal injury attorney to negotiate on behalf of both you and your child.  

Additionally, in Arizona, if your child’s settlement is over $10,000, you will need the signed approval of a judge. If your child’s settlement is under $10,000, approval is not required.  

How Can a Car Accident Affect Children’s Development? 

A car accident, even a minor one, can affect your child in many ways. Here’s a list of the most common ways that a child’s development may be affected.  

• Depression: Even if children aren’t physically injured, they may still be depressed. It is estimated that approximately 15- 20% of children who are involved in car accidents experience depression, even months after the accident.  
• PTSD: Another common affect of the accident may be PTSD. A pediatrician will be able to formally diagnose the child and will give parents guidance moving forward. Here are the signs of PTSD based on age group. If your child is experiencing any of these, please see a pediatric doctor. 
  • Age 5 and Younger: Reverting to behaviors for younger children like thumb-sucking, bed-wetting, fear of darkness, separation anxiety, and excessive clinging. 
  • Ages 6 – 11: Disruptive behaviors, withdrawal, short attention span or inability to pay attention, problems sleeping, nightmares, school problems, stomach aches, headaches, or general changes to behavior.  
  • Ages 12 – 17: Problems sleeping, nightmares, issues at school or changing academic performance, reckless behavior, peer issues, changes in usual behavior, stomach aches, depression, or suicidal thoughts.  
• Injuries: Injuries during the crash may also impact your child for a long time- perhaps even decades if the injury was bad enough. While the most common injuries sustained by adults during car accidents are whiplash, concussions, and broken bones, for children the most common injuries are head injuries and concussions, broken bones, chest injuries, and back injuries. 

How Many Minors Die In Car Accidents Each Year? 

Each year, approximately 4,000 children in the US die in a car crash, accounting for about 1/5 of all child deaths. In Arizona in 2020, 45 minors (children under 18) were killed as passengers in car accidents. 4,707 more were injured.  

If You Need More Information, Take a Look at These Articles

What do I need to know if my car accident with my child happened in Phoenix? 

What are the most dangerous intersections in Scottsdale? 

Which intersections in Peoria have red light cameras? 

How can I make sure that my children and I are fairly compensated for our settlements? 

How much will it cost me to get a lawyer to handle mine and my child’s settlements?

Resources Near You 

If you and your child have been in a car accident, here are some resources in the Phoenix Valley.  

Phoenix Children’s Hospital 

Raising Arizona Kids 

Arizona Child Psychology