Los Angeles Injury Lawyer Blog

A tragic automobile accident occurred recently in Riverside County when the driver of a Land Rover swerved suddenly to avoid hitting a parked car on the shoulder of the highway, which caused the SUV to roll. In the backseat, the wife of the driver sat with her three year old son and one year old daughter. None of the backseat passengers were restrained by any safety belts. The accident caused all three to be thrown from their seats. The mother and the three year old boy died as a result of the accident.

On their way home from dinner, the family stopped at a local grocery store merely six miles from their hours. Only a few exits away, the deceased mother forgot to buckle up her children. According to the husband driver, the mother always made sure her children were buckled up: the 3-year old usually secured by a seatbelt, while the 1-year old was usually secured by a child safety seat. On that fateful evening, the couple was deep in conversation, and the mother, likely distracted, failed to secure her children or herself. 20 minutes after the accident occurred, the mother was pronounced dead. The three year old died the next morning due to severe injuries. The driver and their 5-year old son sitting in the front street emerged from the accident relatively uninjured. Both were wearing seatbelts at the time of the accident.

Vehicles are dangerous, particularly when driven at high speeds on the interstate. All it takes is a little bit of debris or an unexpected obstacle to cause an accident as unfortunate as this. Seat belts can prevent significant amount of injury, particularly when young children are involved. For this reason, states have enacted seat belt and child restraint laws. In California, a child that is 5 years old and younger OR weighing less than 60 pounds must be secured in a child restraint system (such as a car seat) in the backseat. There are certain exceptions which allow for these children to ride in the front seat. They are as follows:

• The car does not have rear seats or the rear seats either face the rear or the side


• Child safety seats cannot be installed property in the rear seats


• All rear seats are being occupied by children under 12


• Some medical necessity that requires that child to ride in the front seat

In addition, the following conditions prohibit children from riding in the front seat when the car is equipped with front-seat airbags:

• Child is under the age of 1


• Child weighs less than 20 pounds


• Child is riding in a rear-facing child seat

As a general matter, everyone else in the vehicle must be secured by a seatbelt, including the driver.

If you or a loved one has been involved in a car collision and have suffered serious injuries, you may be able to seek recovery from the other party at fault. Call the Law Offices of Greenberg & Rudman LLP in California for a free initial assessment of your situation – 1-800-ALAWPRO (1-800-252-9776).