A Car Accident Involving a Minor: How to Proceed?

While no one can predict the future, you need to establish what type of personal injury claims are available to you and the minor.

To pursue any personal injury claims, a few essential steps must be followed in an error-free manner so that all involved parties can identify the correct course of action and the law applies.

A Car Accident Involving a Minor: How to Proceed?

1. Hire a Lawyer

In most cases, it's in your best interest to hire a lawyer. The lawyer must have experience with car accident cases. A personal injury attorney specializes in car accident cases and is the best person for you to consult in this matter. A minor is defined as someone under the age of eighteen. If you're charged with a traffic violation involving a minor, the child's parents or guardian will likely move to have criminal charges brought against you. 

The case against you is based on the assumption that you should have known better than to endanger a child's life. As such, the charges brought against you may include a felony charge or an additional misdemeanor charge.

For the state to bring criminal charges against you for endangering a minor, it must prove beyond reasonable doubt that you knew of your actions but remained reckless. A criminal conviction can lead to a year in prison and substantial monetary fines.

2. Gather Evidence

At no time should you admit to your role in the accident? If you do, the judge can use that as evidence later on. Always consult a lawyer before saying anything to anyone about the case. This includes police, witnesses, and insurance agents. All evidence gathered during the accident benefits your criminal defense, so be sure to gather as much as possible before speaking with anyone about the case. A police officer can provide a statement that you were following too closely, but based on his trajectory and concluding speed, he was unable to stop in time when the vehicle in front of you stopped. Witness statements are also critical, especially if they are parents of the child involved in the accident.

3. Seek Medical Attention Right Away

As soon as you can do so, seek medical attention for the minor's injuries as soon as possible. This will be very important later on in court. In a car accident, it's not uncommon to sustain severe injuries from being struck by another vehicle or ejected from the vehicle during the accident.

The minor should be transported to the nearest hospital after an accident. This is regardless of whether they refuse to go to the hospital.

4. Report the Accident and Check Your Coverage

Your insurance agent will be able to provide a minor injury certificate to you and the minor's parents, who may have already contacted your insurance company. You should not sign this form under any circumstances. If you have any doubts or concerns about the accident, consult with a car accident injury lawyer immediately.

5. Be Patient

It will take some time to sort out the issue at hand; criminal charges must be dealt with at the state level, while the accident itself may have been subject to civil litigation. The civil attorney in charge of the matter can help you get your car repaired and can advise you on how to proceed with your defense. 

While you may be eager to move forward and make things right, you must follow the rules of law. A good start is with a car accident injury lawyer who can help you get the compensation you deserve after being involved in an accident.