Are There Different Legal Factors When Children Are in the Car?

Any car accident is a traumatic event, but when a child is in the car, that fear and anxiety are magnified a hundredfold. A parent’s first and only thought is for the well-being of their child. In the legal aftermath of a crash, this special concern is mirrored by the law. While the basic principles of negligence still apply, a car accident claim involving an injured child introduces several different and very important legal factors.

So, are there different legal factors when children are in the car? Yes, absolutely.

Washington State law has specific rules designed to protect children, from the car seat they sit in to the way their legal settlement is handled. The legal system recognizes that children are uniquely vulnerable, both physically and in their inability to advocate for themselves. Understanding these differences is crucial for any parent or guardian navigating a claim on behalf of an injured child.

Useful Information for You: In a Nutshell

• Yes, the Legal Factors are Different: The law has special provisions for children regarding safety restraints, the claims process, and how settlement funds are managed.
• Strict Car Seat Laws: Washington has specific, strict laws (the Child Passenger Restraint law) that dictate how a child must be secured in a vehicle. Failure to follow these can impact a claim.
• Minors Cannot File Their Own Lawsuits: A parent or legal guardian must act on the child’s behalf.
• Settlements Require Court Approval: Any personal injury settlement for a minor in Washington State must be formally approved by a judge to ensure it is fair and in the child’s best interest.
• The Statute of Limitations is “Tolled”: The three-year deadline to file a lawsuit does not begin to run until the child’s 18th birthday.

Factor 1: Washington’s Child Passenger Restraint Law

The first legal factor comes into play before an accident even happens. Washington State has a strict Child Passenger Restraint Law (RCW 46.61.687) that dictates how children must be secured in a vehicle.

• Rear-facing seat: Until age 2.
• Forward-facing harness seat: Until age 4.
• Booster seat: Until they are 4 feet 9 inches tall.
• Back seat: Children under 13 must ride in the back seat where it is practical to do so.

While failing to use the correct car seat won’t prevent you from filing a claim against a negligent driver, an insurance company may try to argue “comparative fault,” claiming the child’s injuries were worse than they should have been due to an improper restraint. Adhering to these laws is your child’s best protection, both physically and legally.

Factor 2: The Legal Claim Must Be Handled by an Adult

Since minors do not have the legal capacity to file lawsuits or enter into contracts, a parent, legal guardian, or a court-appointed “guardian ad litem” must manage the personal injury claim on their behalf. This adult is responsible for making decisions in the child’s best interest, from communicating with insurance companies to hiring an attorney.

Factor 3: Court Approval of All Minor Settlements

This is one of the most significant differences. You cannot simply accept a settlement check from an insurance company on behalf of your child. In Washington State, any personal injury settlement for a minor must be submitted to the court for approval.

A judge will review the details of the accident, the extent of the child’s injuries, the proposed settlement amount, and the attorney’s fees. The judge’s role is to act as a final protector, ensuring the settlement is fair and adequate to cover the child’s current and future needs. The funds are often placed into a blocked trust account that the child can only access once they turn 18. This prevents the money from being used for anything other than the child’s well-being.

Factor 4: The Statute of Limitations is Extended

For adults, the deadline to file a personal injury lawsuit in Washington is three years from the date of the accident. For a minor, this clock is “tolled,” or paused. The three-year statute of limitations for an injured child does not begin to run until their 18th birthday, meaning they generally have until their 21st birthday to file a lawsuit. This allows time for the full, long-term effects of an injury to become apparent as the child grows and develops.

An injury to a child is one of the most serious consequences of a car accident. Navigating the unique legal requirements to ensure they are protected and fully compensated requires special care and experience. If your child has been injured in a car accident in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. You can find and compare trusted local attorneys who are experienced in handling minor injury claims and can guide your family through the court approval process.

References

• Revised Code of Washington (RCW 46.61.687) – Child passenger restraint systems:The official state law that details the specific requirements for car seats and booster seats based on a child’s age and size.https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.687
• Washington State Courts – Superior Court Rule (SPR) 98.16W – Settlement of Claims of Minors:The official court rule that outlines the entire process and legal requirements for getting a minor’s personal injury settlement approved by a judge.https://www.courts.wa.gov/court_rules/pdf/SPR/GA_SPR_98_16W_00.pdf
• Washington State Traffic Safety Commission (WTSC) – Child Passenger Safety:An official state resource providing public information and guides on Washington’s car seat laws.https://wtsc.wa.gov/programs-priorities/child-passenger-safety/