A Legal Guide to Settlement and Compensation for Children Involved in Georgia Car Accidents
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Does it Matter if the Child Wasn’t Wearing a Seatbelt?
Whether the child was wearing a seatbelt is not admissible in court. However, for safety, it’s always encouraged that parents make sure their child, and all other minor occupants of their vehicle, are buckled up because children usually weigh less than adults and can be thrown from their seats upon impact if they are not wearing seatbelts. Crafty insurance adjusters may argue that compensation should be reduced if the child was not belted, but a competent personal injury lawyer knows how to fight back against such unfair tactics.
Who Can File a Legal Claim for a Child Involved in a Car Accident?
In Georgia, only the parents or legal guardian(s) of a child involved in a car accident can file a legal claim on behalf of the child – grandparents, aunts, or uncles can’t file claims - unless they are the legal guardian. Under some circumstances, if there is no legal guardian, one can be appointed.
Can a Child Be Called as a Witness in a Car Accident Legal Claim?
Yes, a child who is a passenger in a car accident can be a witness in Georgia. However, the weight and credibility of their testimony may depend on their age, maturity, and ability to accurately recall and communicate the events of the accident. Lawyers will consider these factors when determining the relevance and reliability of the child’s testimony.
