Car accidents are traumatic, especially for children involved without their parents. Thus, you need to know what to do immediately after an accident and understand your legal responsibilities. Therefore, this guide can help you take steps if your child is in a car accident without you.
Preparing Before an Accident
First, preparation is key. So, always ensure your child is with a trusted adult who knows what to do in an emergency. Meanwhile, the trusted adult should have your contact information and two other emergency contacts. Providing this information ensures you are informed promptly if an accident happens.
Also, discuss with your child what to do in case of an accident. Teach them to stay calm, call 911 if possible, and inform the trusted adult about their location.
Immediate Actions at the Scene
Second, ensure the safety of everyone involved. The responsible adult should check for injuries and call 911. Even if there are no visible injuries, seek medical attention.
Next, the adult should stay at the scene until the police arrive. A police report is crucial for legal and insurance purposes. Additionally, gather information from other parties involved, like names, contact details, insurance information, and vehicle descriptions.
Legal Considerations for Minors
In Louisiana, a minor cannot file a lawsuit on their own. Thus, if your child is injured in a car accident, the proper person to bring the lawsuit depends on the situation. The person who can sue for your child is the “tutor.”
- If your child is born to a married couple, both parents are natural co-tutors.
- If your child’s parents divorce, the parent with main custody is the tutor.
- If there is joint custody, the parents are co-tutors and must file suit together.
- If either parent dies, the other one is the tutor.
- If the child is born to parents who are not married, and the dad does not recognize the child, the mom is the tutor.
- If the child is born to a couple that is not married, but the court has awarded joint custody, they are co-tutors.
The laws are intended to protect the minor’s interests. But it can get complicated when the parents do not get along.
Challenges for Separated or Divorced Parents
However, the situation becomes complex if parents are separated or divorced. In Louisiana, both parents often need to agree on filing a lawsuit for their child. Consequently, disagreements or communication issues can delay the process. Unfortunately, this delay can hurt the child’s claim.
Therefore, talk to an injury lawyer. They can help facilitate communication between parents.
Conclusion
In conclusion, accidents are unpredictable. But, being prepared and knowing what to do can help. First, ensure your child is always with a trusted adult who knows emergency protocols. Second, if an accident occurs, prioritize safety, seek medical attention, and understand your legal responsibilities. Third, remember that in Louisiana, parents play a crucial role in pursuing justice for their child. Finally, an injury lawyer can help ensure the best outcome, especially if complications arise due to separation or divorce.
