Seatbelts save lives — buckle up every ride, every rider.
Multiple Children Critically Injured After Being Ejected in a Single-Vehicle Accident
According to a KSAT News report, 6 children were ejected from a vehicle after the driver lost control and crashed on I-35.
Police reported the accident happened at around 7 p.m. on September 1st, on I-35 North near Frost Bank Center Drive. An SUV was reportedly traveling northbound when the tire blew. This caused the driver to overcorrect and lose control, sending them into a tree. There were 9 total occupants in the vehicle, 7 of whom were children. Only 1 child was wearing a seatbelt — the other 6 were ejected on impact, some suffering life-threatening injuries. The children’s ages ranged from 2 to 11 years old. The driver is now facing child endangerment charges.
Did You Know?
Young children are 71-82% less likely to be injured in a crash if secured in an age-appropriate car seat.
Can You Sue for a Car Accident in Texas if Your Child Was Not Wearing a Seat Belt?
Hundreds of thousands of children are injured in car accidents every year. Auto accidents continue to be a leading cause of death for children across the United States.
Many people in Texas do not take seat belt laws seriously or simply forget to buckle up. However, children must always be properly restrained — failure to properly restrain your child in Texas is a crime that could lead to jail time. It could also affect your ability to pursue compensation for your or your child’s injuries after an accident due to the principle of comparative fault.
How Unrestrained Child Passengers Can Affect Your Claim
In addition to the possibility of criminal charges, your child injury claim may be affected by not properly securing your child in Texas.
Not wearing a seatbelt does not mean you can’t pursue an injury claim if another party caused your injuries. However, Texas follows a modified comparative fault rule when determining who can pursue compensation.
If you are more than 51% responsible for your (or your child’s) injuries, you will not be allowed to collect compensation for them. If your child had been properly restrained, they likely would not have been seriously injured. Since this is the case, the insurance company may argue that you are responsible for your child’s injury.
If a judge or jury finds you at fault for your child’s injury, then your claim will be reduced by a percentage amount or eliminated if they find you at least 51% responsible.
See Also:
Two Toddlers Ejected from Vehicle Crash Rescued from Wandering the Interstate
Was Your Child Injured in an Auto Accident in San Antonio? Call Shaw
Just because your child wasn’t wearing a seatbelt doesn’t mean you shouldn’t talk to an attorney about your case.
If your child was injured in a car accident that wasn’t your fault, you may be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Surgeries,
- Pain and Suffering,
- Trauma/PSTD,
- Missed Work,
- Wrongful Death,
- And More.
We’ll help you find out if you have a case for free.
Call Shaw at 800-862-1260 to schedule a free case evaluation with one of our child injury attorneys. We’re a trusted name in San Antonio because we put our clients first. We look forward to serving you.
Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.
²CDC on Preventing Child Passenger Injury