Car accidents involving children: who is responsible and what are the rights of the victims?

Car accidents involving children: who is responsible and what are the rights of the victims?

A traffic accident (TA) involving a child is one of the most difficult and sensitive situations in legal practice. In addition to the strong emotional element, these cases also have a number of legal features that directly affect the right to compensation and monetary compensation for the injured child and his relatives. In the practice of our team at Delikti.bg, we have had quite a few similar cases.

What is different about a car accident involving an injured child?

When the victim of a traffic accident is a child, the law provides increased protection. The child is not personally responsible for his or her behavior on the road, and compensation is determined based on his or her age, the nature and severity of the injuries, the physical and mental consequences, and the long-term impact on his or her development.

Compensation for car accidents involving children is often higher precisely because of the lasting consequences that an accident can have on their entire lives.

Seat belt, child seat and baby carrier – why are they crucial?

The law is clear – when transporting children in a car, the use of a seat belt, child seat or baby carrier is mandatory. However, this obligation is not distributed equally among all passengers in the car.

This is where complex legal issues arise, especially when the child was traveling without a seat belt and was injured in an accident.

Who is responsible if the child is traveling without a seat belt?

An illustrative case from case law was examined in a decision of June 23, 2020 of the Supreme Court of Cassation.

In the case, the father of a child who died in a car accident is seeking compensation. The child was traveling without a seat belt, and the dispute is whether the parent, who was a passenger in the car, contributed to the harmful result and whether there was complicity.

The Supreme Court of Cassation analyzed the provisions of the Road Traffic Act and came to a clear conclusion - the obligation to ensure the safety of the child (child seat, seat belt) is imposed solely on the driver of the motor vehicle, and not on the parent traveling as a passenger.

The court held that the parent passenger did not breach his legal obligation and did not contribute to the damage. Therefore, there can be no question of complicity, even if the child was travelling without a seat belt.

What does this mean in practice?

This conclusion is extremely important for cases of compensation for traffic accidents involving children:

• the lack of a seat belt does not automatically lead to a reduction in compensation;
• the responsibility lies with the driver of the vehicle;
• Third party liability insurance covers the damages to the injured child.

Other important specifics in road accidents involving children

The seat belt and child seat are important, but they do not exhaust all the features of a car accident with children.

A child cannot be treated as guilty or complicit in the harm in the same way as an adult. This also applies when the child is a pedestrian or cyclist.

Drivers of motor vehicles have an increased duty of care in areas where children may be present – around schools, kindergartens and residential areas. This circumstance often leads to easier liability and higher compensation.

The court also takes into account the psychological consequences of the traffic accident - fear, anxiety, developmental regression, changes in behavior. Even in the absence of severe physical injuries, these damages can justify significant monetary compensation.

In the case of children, future consequences are also considered - the need for additional treatment, limitations in development, education or social life. This is what distinguishes traffic accident cases involving children from standard cases involving adult victims.

Why is it important to seek legal help?

Child accident cases are some of the most complex and emotionally charged. In our practice, we often see insurers attempting to reduce compensation by citing the lack of a seat belt or so-called "parental negligence.".

Consulting with a lawyer specializing in traffic accident and compensation cases is crucial for the full protection of the child's rights and interests.

If your child has been injured in a traffic accident, contact the Delikti.bg team for a consultation. Our lawyers and legal experts have experience with similar cases and will help you protect your right to fair compensation.