When a child suffers a personal injury in a Rochester car accident, he or she may be able to recover damages from the negligent driver.

Just as would be the case in a car accident involving an adult, a child’s personal injury lawyer must be able to establish that the claim meets certain legal requirements to successfully recover damages from the motor vehicle accident.

First, it must be possible to establish that the motor vehicle accident was a result of the negligence of the driver who is being accused of having caused it.

When determining this issue, a child who has been injured may have a slight advantage over an injured adult.

When an injured adult was the driver, the defense often claims that the injured person was at least partially to blame for the collision.

Because children will always be passengers, the argument that the child may be at least partially to blame for the injuries usually is not available.

Second, it must be possible to establish that as a result of the collision, the child suffered what is termed a “serious injury” under New York State law.

In New York State, a car accident victim who has suffered only minor injuries, such as bruises, scratches or small cuts that quickly heal with no long term consequences, does not meet the legal requirements to pursue a personal injury claim.

There are several categories of serious injury under New York State law.

Anyone whose child has been injured in a motor vehicle accident should consult with an experienced personal injury lawyer who can help determine whether the child’s injuries may meet the serious injury threshold and a personal injury claim is worth pursuing.

If your child was injured in a car accident, we would be happy to help you understand their legal rights.

We can be reached at 585-484-7432 for a legal consultation.