Children in Texas Car Accidents
How Car Accidents Affect Children and What Families Need to Know About Your Legal Rights in Texas
Children are more vulnerable to serious injuries in car accidents, and even low-speed crashes can have life-altering consequences. A child’s body is still developing, making them more susceptible to head trauma, spinal cord damage, and other severe injuries that may require years of medical treatment. For parents, the aftermath of a car accident is overwhelming — managing emergency care, long-term recovery, and the financial strain that comes with it.
Insurance companies often downplay the severity of these cases, offering quick settlements that fail to account for a child’s future medical needs. In Texas, most settlements over $25,000 involving a minor require court approval to ensure it serves the child’s best interests. Funds may be placed in a trust or structured settlement until the child reaches adulthood, preventing insurance companies from pushing families into unfair agreements.
Wyatt Law Firm stands up for Texas families, fighting for the full compensation needed to cover medical treatment, rehabilitation, and the long-term effects of an accident. No amount of money can undo what happened, but a strong legal case can provide the financial security a child needs to move forward. If your child was injured or killed in a car accident, contact us now for a free consultation to protect your rights and learn more about your legal options. We are ready to hear from you.
Why and How Car Accidents Involving Children Happen
Children are injured or killed in car accidents in Texas every day. Some crashes involve reckless drivers speeding through intersections. Others happen when distracted drivers rear-end a family vehicle at a stoplight. Some involve children as pedestrians or bicyclists, struck by drivers who failed to yield or pay attention. Some of the most common causes of crashes that injure or kill children include:
- Distracted Driving. Texting, eating, adjusting a GPS, or looking away from the road for even a few seconds can be deadly.
Speeding. Higher speeds lead to more severe crashes, increasing the likelihood of life-altering injuries.
Drunk or Drugged Driving. Impaired drivers make reckless decisions and put everyone at risk, especially children.
Failure to Yield. Drivers who run red lights, ignore stop signs, or fail to yield in crosswalks put children in immediate danger.
Rear-End Collisions. When a driver slams into the back of a vehicle carrying a child, even at a low speed, the impact can cause serious harm.
Texas sees thousands of fatal crashes each year, many of them involving children. In 2022 alone, over 100 children under the age of 15 were killed or seriously injured in car accidents across the state.
Common Injuries Children Suffer in Car Accidents
Children are more vulnerable than adults in a crash. Their bodies are still developing, making them more susceptible to serious injuries. Even in a properly secured car seat, a severe impact can cause life-threatening harm.
Some of the most common injuries children suffer in car accidents include:
- Head Injuries. Concussions, skull fractures, and traumatic brain injuries can impact cognitive development.
Spinal Cord Injuries. Damage to the spine can result in lifelong mobility issues or paralysis.
Internal Injuries. Organ damage, internal bleeding, or ruptured blood vessels may not be immediately visible.
Broken Bones. Fractures that require surgery, casting, or long-term rehabilitation.
Soft Tissue Injuries. Whiplash and muscle damage can lead to chronic pain or mobility issues.
Some of these injuries heal with time. Others change a child’s life forever. A legal claim should account for both immediate medical costs and the long-term impact of the injury.
The Financial Cost of a Child’s Car Accident Injuries
Medical bills after a car accident add up fast, but the real cost extends beyond hospital stays. A child’s injuries may require surgery, ongoing therapy, or lifelong medical care. Many families don’t realize how much they will need to cover.
- Emergency Medical Care. Ambulance rides, ER visits, diagnostic testing, and immediate treatments.
Ongoing Care. Follow-up appointments, rehabilitation, and therapy.
Specialized Treatment. Pediatric neurology, orthopedics, or other specialized medical needs.
Mental Health Support. Therapy for PTSD, anxiety, or emotional distress.
Adaptive Needs. Wheelchairs, home modifications, or prosthetics if the injury leads to a permanent disability.
Lost Income for Parents. Time away from work to care for an injured child.
Many parents assume that the insurance company will cover these expenses, but insurers often push for lowball settlements that don’t reflect the full cost of the injury. Wyatt Law Firm fights to ensure families get the full compensation they need, both now and in the future.
Texas Laws Regarding Car Accidents With Children
In Texas, settlements involving minors require court approval to ensure they serve the child’s best interests. These cases, known as friendly suits, involve a hearing where a judge reviews the settlement terms and confirms that they are fair and appropriate for the child’s future.
A friendly suit is a legal proceeding required under Texas law whenever a minor receives a personal injury settlement. Since children cannot legally enter into contracts, the court must review and approve any settlement agreement. The process works like this:
- A guardian ad litem (court-appointed advocate) may be assigned to review the settlement and ensure it protects the child’s best interests.
A hearing is scheduled, where the child (if able) and their parent or guardian appear before a judge.
The judge reviews medical records, legal arguments, and the structured settlement terms to verify that the compensation is fair.
In many cases, funds are placed in a trust or structured annuity until the child reaches adulthood to prevent misuse.
This legal process ensures that families are not pressured into taking lowball settlements and that the child’s future medical and financial needs are properly addressed.
How the Insurance Claim Process Works for Children in Texas
When a child is injured in a car accident, the claims process is more complicated than a standard personal injury claim. Texas law has additional protections for minors, and settlements involving children require court approval to ensure that the compensation is used in their best interests.
Insurance companies use this process to delay payments and push for settlements that do not fully account for a child’s future needs. Parents must be careful not to accept a low offer too soon, especially before the full extent of the injuries is clear. The following steps outline how the claims process works and what families need to be prepared for.
- Filing the Insurance Claim. The first step in seeking compensation is filing a claim with the at-fault driver’s insurance company. Texas law requires all drivers to carry minimum liability insurance of $30,000 per person for injuries, $60,000 per accident for bodily injury, and $25,000 for property damage. If the at-fault driver does not have insurance or does not have enough coverage to pay for the child’s injuries, families may need to file a claim under their own uninsured or underinsured motorist coverage. This additional coverage is optional in Texas, but many policies include it.
Establishing Liability and Proving Damages. Once a claim is filed, the insurance company will conduct an investigation to determine fault and assess damages. However, their goal is to pay as little as possible, so they may attempt to:
- Minimize the severity of the child’s injuries.
- Argue that pre-existing conditions, not the accident, caused the injuries.
- Challenge the necessity of ongoing medical treatment.
- To counter these tactics, a strong claim must include medical records from emergency care, pediatricians, and specialists documenting the injury; expert testimony from doctors or therapists explaining long-term effects; and future medical cost estimates if the child will need ongoing treatment. Insurance companies rely on quick settlements before families realize the full impact of their child’s injuries. A lawyer ensures that every detail of the claim is properly documented, preventing the insurer from undervaluing the case.
Negotiating the Settlement. Insurance companies rarely offer a fair settlement upfront. Their initial offer is often far lower than what the child’s medical expenses, pain, and suffering actually require. A settlement must cover:
- Current and future medical costs
- Pain and suffering, including emotional trauma
- Any permanent disabilities or disfigurement
- The impact on the child’s education, development, and quality of life
- Lost income if a parent had to take time off work to care for their child
- Negotiating with an insurance company is difficult, especially when they dispute damages or delay payouts. A lawyer pushes back against these tactics, ensuring that families do not accept less than they deserve.
- Court Approval for Settlements Involving Minors. In Texas, any settlement involving a minor must be approved by a judge. This is to prevent situations where a parent or guardian agrees to a low settlement that does not truly meet the child’s long-term needs. Many families are unaware of this process until they reach this stage, which is why it is crucial to ensure from the start that the settlement accounts for the child’s full medical and financial needs.
- Taking the Case to Trial If Necessary. Getting court approval for a settlement involving a minor is often called a “friendly” suit, but if the insurance company is lowballing you, there is nothing friendly about the court process. If an insurance company refuses to offer a fair settlement, the case may need to go to civil court. While most claims settle before trial, the ability to file a lawsuit and take the case to court often forces insurers to negotiate more seriously.
Fight for the Compensation Your Child Deserves with Wyatt Law Firm
At Wyatt Law Firm, we know that no settlement can undo the pain of seeing your child suffer after a serious accident. But financial security can make a difference in their recovery, ensuring they get the medical care, resources, and support they need now and in the years to come.
With over 40 years of legal experience and more than $1 billion recovered for victims and families, we prepare every case as if it will go to trial because families deserve nothing less. Insurance companies take advantage of parents in difficult moments, offering quick, low settlements that fail to account for a child’s long-term needs. We refuse to let that happen. If a fair settlement isn’t offered, we take the fight to court, presenting the full scope of your child’s injuries and the lasting impact they will face.
If your child was injured or lost their life in a car accident, we are here to help. Contact Wyatt Law Firm for a free consultation. We are ready to stand by your family and fight for the justice and compensation you deserve.