Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

For many Maryland parents, the thought of having their child injured on a bus ride to school is terrifying. Even for those children who are too young to ride the bus to school, however, the risk of being injured in a car accident is still present.

One Maryland family recently experienced the worst of both worlds when their car was struck by a school bus, causing car seat injuries to a toddler riding in the car. The accident occurred during the morning commute after the driver of the car turned left in front of the bus prior to the accident.

The driver's one-year-old daughter was hurt in the crash, despite being in a child seat at the time. It was unclear the extent of her injuries, although the child was taken to the hospital.

Typically, to recover for child injury, an individual must prove that the other driver was negligent, as is the case in crashes involving adults. While liability may be the same, however, there may be different types of damages available when children are injured.

For example, in addition to the damages the child may be able to recover for pain and suffering and medical expenses, the parent may be able to recover damages based on the loss of consortium of the child. These damages exist when the child's injuries are such that they interfere with the parent-child relationship. This is similar to the type of damages available for an individual who suffers the loss of consortium of his or her spouse.

Ultimately, whether dealing with liability or damages, individuals should consult a qualified attorney to determine how to proceed on a personal injury claim. While the injuries to children can be tragic, a personal injury suit can be a step forward in helping the child and loved ones obtain relief for the injuries.

Source: WBAL, "Toddler injured in bus-car accident," Ashley Michelle Williams, Mar. 27, 2013

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