When injuries are caused by airbag

[RMM34667]

State: Florida

My father was recently in an auto accident. My father caused the accident. A five year old girl was sitting in the front seat of the other vehicle.

The little girl was seriously injured by the airbag. If the girl had been sitting in the back seat of the car she would not have been injured at all.

He was informed today that he is being sued. His insurance has advised him that it is possible that the injuries would exceed his policy limits and to protect himself and his assets that he should obtain legal counsel.

Please correct me if I am wrong, but aren't there laws stating that anyone under an certain age and size should not be in the front seat if there is an air bag?

I understand my father caused the accident, but he did not cause the little girls injuries, in my opinion the girls mother did by not heading the warning on every car with airbags.

My question is can he really be held responsible for the injuries?

any info would be greatly appreciated.

RMM34667

 

[teflon_jones]

Yes, he can be held responsible for the injuries. How much he will be held responsible is an entirely different matter that only a judge and/or jury can decide.

 

[jpritchett81]

Your father would still be responsible for the injuries b/c he did in fact cause the accident. They may say something about the fact that it was a 5 year old in the front seat......but don't expect your father's liablility to be wiped clean from this.

 

[RMM34667]

OK. If he is held responsible and they obtain a judgement over the policy limits. What can they girls mother go after?

They have no real assets besides their house. I understand the house is protected and I believe their pension and social security is protected. They have VERY little cash in the bank. Can they lose that?

Is there anything they can do now to protect the very little they have?

thanks for the info.

 

[teflon_jones]

If the judgement is above the policy limits, the mother can go after any liquid assets they have. In Florida the primary residence is a protected asset, so they don't have to worry about losing that. Any funds held in a qualified retirement account are also safe. They can lose whatever cash is in the bank and any other liquid assets they have, as well as a portion of any future income.

There's nothing they can do at this point since the accident has already happened and they can't start shuffling their money around. Any award will take into consideration their finances at the time of the accident, not at the time of the judgement.

 

[ablessin]

Hopefully your father will get a good lawyer who will push the fact that the girl should not have been sitting in the front seat. Granted, he caused the accident, however, her injuries should not be placed 100% on your dad's shoulders. The mom - any parent - should take every measure to have child safety first, and that includes having a 5 year old sitting in the back seat, in their car seat - - - which is also a law. Kids are supposed to be in a car seat until they are either 7 years old, or a certain height. I am sure no 5 year old meets the height criteria. My 7 year old is just under that !!

Good luck to your dad

 

[teflon_jones]

The law in Florida is that children under the age of 6 can't be in the front seat, so the mother could be found at least partly liable for her daughter's injuries. This doesn't clear your father of responsiblity since he caused the accident.

 

[RMM34667]

THANKS.. I have been trying to find the Florida law on child car seats and could not pinpoint the requirements. However I have convinced my parents to see a lawyer.. I am taking them tomorrow!

They feel awful that the child was injured, however don't feel they should lose the very little savings that they have.

Hopefully the family will settle within the insurance coverage, the girls medical bills will get paid and my parents will not lose everything.

thanks again