What You Should Do if a Minor Child is Involved in a Car Accident in Colorado

When your minor child is involved in a car accident, the fear and uncertainty can be overwhelming. Beyond the immediate concern for their safety and medical care, you may also worry about what comes next. Parents often wonder what injuries to watch for, who may be held responsible for the crash, and how Colorado law handles cases involving minors.

In this blog, we’ll walk through the first steps to take after a crash, the types of injuries children often face, how liability works in Colorado, and the extra legal protections the state provides when a minor is injured.

Quick Action Checklist After a Child Car Accident

In those first moments after the crash, here are the actions that matter most for your child’s safety and any future claim.

• Call 911. Police and medical responders should be dispatched immediately. Request a police report, as it often becomes central to proving liability.
• Seek medical attention right away. Children can suffer concussions, soft tissue injuries, or internal injuries that aren’t obvious at first. Quick evaluation protects their health and documents the injuries.
• Document what you can. If possible, take photos of the accident scene, the vehicles, and your child’s injuries. Record witness information to help establish who the at-fault driver was.
• Contact your insurance company. Report the accident promptly, but avoid giving detailed or recorded statements. Insurance adjusters often look for ways to minimize payouts, so it’s best to let your lawyer handle further communication.
• Consult a lawyer. In Colorado, the court must approve any settlement for an injured child. Colorado Springs personal injury lawyers can handle this process, make sure the settlement is fair, and deal directly with the insurance company so you don’t have to.
• Keep everything. Save medical records, receipts, and notes from follow-up visits. These documents will support your child’s car accident claim and show the extent of medical treatment.

After the immediate steps, the next concern is your child’s health. Some injuries show up right away, while others may take hours or even days to appear.

Common Injuries for Children in Car Accidents

Children can suffer a wide range of car accident injuries, and because their bodies are still developing, the long-term effects can be more severe than for adults.

Some of the most common include:

• Soft tissue injuries such as whiplash or contusions are common in child passengers, and while they may seem minor at first, they often require ongoing medical care.
• Broken bones or fractures can leave children in casts for weeks and, in more serious cases, may require surgery or long-term follow-up.
• Traumatic brain injuries (TBIs) in children present differently than in adults, with symptoms that may be subtle or delayed and long-term effects that sometimes do not appear until years later.
• Internal injuries, such as chest or abdominal trauma, may not be visible right away but can be life-threatening without timely diagnosis and treatment.
• Catastrophic or permanent injuries, such as spinal cord damage, can alter a child’s quality of life and require lifelong medical support.

Every day in the United States, nearly 430 children are injured in motor vehicle crashes, and more than 100,000 child passengers are treated for crash-related injuries each year (NHTSA, CDC). These numbers highlight how common and serious child crash injuries can be, underscoring the importance of thorough medical evaluation and documentation.

Once doctors begin treating your child, another question comes up quickly: who is responsible for the crash and the cost of care?

Who Could Be Liable for the Accident

Liability in a motor vehicle accident involving a child may extend beyond the driver who caused the crash. In some cases, multiple parties share responsibility.

For example, a negligent driver may be primarily at fault, but if a commercial vehicle was involved, the company that employed the driver could also be held liable. Defective brakes or airbags might point to the vehicle manufacturer. In other cases, hazardous road conditions such as broken traffic signals or poor maintenance may make a government agency partially responsible.

Colorado also follows a comparative negligence system. If the child’s parent or guardian is found partially at fault, such as by not securing the child properly in a car seat, compensation may be reduced in proportion to that share of fault. If fault reaches 50 percent or more, recovery may be barred entirely under C.R.S. § 13-21-111.

Because liability can involve multiple parties and the possibility of reduced compensation, working with a skilled attorney is often the best way to make sure all responsible parties are held accountable. But liability is only part of the picture. Colorado law treats children’s injury claims differently than adult cases, and parents should be aware of these rules.

Why Child Injury Cases Are Different Under Colorado Law

Colorado law provides additional protections for children injured in car crashes. Settlements involving minors often require court approval to confirm that they serve the child’s best interests. In certain cases, the court may appoint a guardian ad litem to oversee the process and safeguard the child’s rights.

The statute of limitations is another key distinction. Normally, most car accident injury claims must be filed within three years under C.R.S. § 13-80-101. However, the Colorado Supreme Court clarified in Kinslow v. Mohammadi (2024) that when the injured party is a minor, the deadline is the later of three years from the accident or two years after the child turns 18.

This effectively gives minors additional time to bring claims against the at-fault party, but parents should not wait to act. Evidence from the accident scene and witness memory can disappear quickly, which may weaken a case if it’s delayed for years.

Along with different deadlines and court approval requirements, Colorado law also outlines the types of compensation families can pursue after a child’s accident.

Damages You Can Pursue for a Minor Child

Beyond the procedural and temporal distinctions, child injury cases in Colorado also involve unique considerations for calculating damages due to the long-term impact of injuries on a minor’s life. Children may suffer developmental setbacks, emotional trauma, or permanent disabilities that require ongoing medical care, therapy, or special education services. Colorado law allows families to seek compensation for these future costs, but accurately projecting these expenses often requires expert testimony from medical professionals or economists.

Additionally, because children may not fully articulate their pain or limitations, courts and attorneys must carefully assess non-economic damages like pain and suffering to ensure fair compensation. Consulting an experienced Colorado Springs attorney early can help families navigate these complexities and build a strong case to secure their child’s financial future.

Under Colorado personal injury law, damages are intended to cover both current and future needs. For children injured in auto accidents, families may seek compensation for:

• Medical bills already incurred
• Future medical expenses such as surgeries, rehabilitation, or long-term care
• Pain and suffering, including emotional trauma
• Loss of enjoyment of life if the child can no longer participate in normal activities
• Wrongful death damages if the accident is fatal (C.R.S. § 13-21-201)

Parents may also recover lost income if they miss work to care for their child. These damages can offset financial strain while addressing the child’s medical and emotional recovery.

While Colorado law allows families to pursue these damages, parents often find that insurance companies make the process more difficult than it should be.

How a Colorado Springs Law Firm Can Support Your Family

When a minor is injured in a motor vehicle accident, the process of filing a personal injury claim can be overwhelming. A legal team familiar with Colorado personal injury law can gather evidence, build a robust case, and negotiate directly with insurance companies that are working to reduce payouts.

Strong legal representation reduces the risk of costly mistakes for parents. For example, accepting a quick settlement without considering future medical expenses can leave families unprepared for years of care. Car wreck attorneys calculate both immediate and long-term needs so that your child’s settlement reflects the full impact of the accident.

Colorado Springs car accident attorneys can also uncover additional sources of compensation that may not be immediately obvious, such as uninsured or underinsured motorist coverage through a resident relative’s policy or secondary insurance policies held by the at-fault party.

Our attorneys meticulously investigate all potential avenues of recovery, including lesser-known insurance options or liable third parties, to maximize the settlement. By identifying these hidden resources, an experienced Colorado Springs attorney can ensure families have the financial support needed for their child’s recovery.

Protect Your Child’s Rights After a Colorado Car Accident

The fear and uncertainty you felt in the first moments after your child’s accident don’t have to carry into the weeks and months ahead. At Heuser & Heuser, we’ve stood with families in Colorado Springs and across Southern Colorado for nearly 30 years.

Our legal team understands what’s at stake when a child is involved, and we act quickly to gather evidence, consult with medical professionals, and pursue the full compensation your family may need for medical care, lost income, and long-term support.

You found this blog because you were searching for “auto accident attorneys near me” after your child’s accident. Now is the time to take action for their future. Call (719) 520-9909(719) 520-9909 or complete our confidential online form to schedule your free consultation. There’s no fee unless we win.

Southern Colorado Locals Committed to Providing Clear Guidance to Pursue Better Health and Fair Compensation.

https://heuserlaw.com/

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Heuser & Heuser, L.L.P.
625 North Cascade Ave, Suite 300
Colorado Springs, CO 80903
(719) 520-9909(719) 520-9909
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