Yes, however, their age will determine whether their parent or legal guardian needs to file a claim on their behalf.
Children are among some of the most vulnerable passengers that travel in cars, especially when they aren’t properly restrained in their seats. With the growing number of crashes that are occurring, more children are suffering serious and even fatal injuries. “Every hour, almost 150 children visit emergency departments due to serious injuries from motor vehicle accidents” [Source: Eunice Kennedy Shriver National Institute of Child Health and Human Development]. In fact, “injuries from motor vehicles [collisions] are the top cause of death from injury” for kids who are between the ages of 5 to 19.
If your child was recently involved in an accident with a large truck in Charleston, SC and you are looking to recover compensation for the injuries they sustained, you can do so by filing a personal injury claim against the liable party responsible for the wreck. A parent or legal guardian is required to file the claim on their child’s behalf when they are under the age of 18. Now, if the accident was between your vehicle and a truck that was being operated for commercial purposes, the liable party could be any or all of the following:
- The driver.
- The company responsible for overseeing the operation of the truck and the driver.
- The manufacturing company that supplies equipment for the truck.
The reason there are so many potential parties you could go after is because each could have played a role in causing the wreck to transpire. For example, the truck driver could have been engaging in negligent behavior or they could have been violating one or more of the Federal Motor Carrier Safety Administration’s (FMCSA) rules and regulations. The company could be held responsible if they hired a driver who was not qualified or trained to operate the truck or allowed a defective vehicle to be taken out on the roadway. And the manufacturing company may be held partially responsible for supplying the company with defects parts that ultimately contributed to causing the crash.
Now, once you know which parties you will be filing a claim against, you need to determine how much your child deserves for the injuries they sustained. Some things to consider include:
- The degree of the injury.
- Whether the injury has impacted your child’s ability to live their life in the manner they would like.
- If the injury was permanent or has led to your child suffering from other medical conditions.
- The total amount in medical bills you have already accrued and plan to accrue in the future based on the what types of treatments your child is expected to need.
As you can see, there is a lot to consider when it comes to filing a claim for a child who suffered an injury in a truck collision. That is why it is never recommended to attempt to take legal action on your own. The truth is, there are plenty of qualified and compassionate truck accident lawyers in the Charleston, SC area who would be more than willing to guide you through the litigation process so that you understand it and can fight for a fair amount of compensation. On top of that, you also need a lawyer in the event the liable party refuses to take the blame and instead, attempts to throw it back onto you.
Therefore, if you are ready to be connected with a truck crash lawyer in Charleston who can prepare you for filing a personal injury claim and estimate the true value of your child’s injuries, contact USAttorneys.com today to be connected with a legal professional in your area.