The family SUV never stood a chance against the 80,000-pound tractor-trailer that ran the red light. While you walked away with minor bruises, your school-aged daughter sustained a traumatic brain injury that will require years of therapy and specialized care. The trucking company's insurance adjuster calls to offer what seems like a substantial settlement, but is it going to be enough to cover your child's lifetime needs?
Richmond truck accident attorney Kevin W. Mottley understands that children face unique vulnerabilities in commercial vehicle collisions, especially when compared to typical car crashes. Their injuries often require decades of ongoing medical care, educational support, and rehabilitation services that must be factored into any settlement.
Why Are Children at Greater Risk in Truck Accidents?
Children face disproportionate dangers when large commercial vehicles collide with passenger cars. The physics of these crashes, combined with children's developing bodies, creates a perfect storm for potentially catastrophic injuries.
Size and Weight Disadvantage
A fully-loaded commercial truck weighs up to 80,000 pounds, roughly 20 times heavier than a typical family sedan. When these vehicles collide, the passenger car absorbs most of the impact energy, subjecting occupants to tremendous forces. Children's smaller body mass means they experience greater acceleration forces during impact.
Developmental Vulnerabilities
Young children have proportionally larger heads and weaker neck muscles, and their cranial bones are thinner. These factors are all linked to different head and upper-cervical injury patterns. Traumatic brain injuries are particularly concerning because neural pathways are still forming, potentially affecting cognitive development and learning abilities for life.
Improper Restraint Systems
When adult seat belts don't fit properly without a booster seat, children face higher risk of abdominal and spinal injuries. According to the CDC, using a booster seat reduces serious-injury risk by approximately 45% for children between four and eight years of of age versus seat belts alone.
Common Truck Accident Injuries in Children
Truck accidents involving children often result in more severe injuries than those seen in adult victims.
Traumatic Brain Injuries
Children's brains are still developing, making them particularly vulnerable to lasting damage from head trauma. Pediatric brain injuries can affect cognitive development, memory formation, attention span, and academic performance. Children may require years of speech therapy, occupational therapy, and special education services.
Spinal Cord Injuries
The tremendous forces involved in truck accidents frequently cause spinal cord injuries in children. Children's spines are more flexible, but this flexibility can become a liability in high-impact crashes, possibly resulting in partial or complete paralysis.
Internal Organ Damage
Children's internal organs are positioned differently, and their abdominal muscles provide less protection during impact. Truck accidents commonly cause injuries to the liver, spleen, kidneys, and intestines in young victims.
Orthopedic Injuries
Broken bones and joint injuries in children present unique challenges because they can affect growth and development. Growth plate injuries can lead to limb length discrepancies and deformities if not properly treated.
Virginia Laws Protecting Injured Children
Virginia law provides specific protections for children injured in truck accidents, recognizing their unique vulnerability and long-term care needs.
Extended Statute of Limitations
Under Virginia Code § 8.01-229, children injured in truck accidents have until their 20th birthday to file a personal injury lawsuit, rather than the standard two-year limitation period that applies to adults.
Claims involving government defendants have strict notice deadlines of one year for claims against the Commonwealth and six months for cities, counties, and towns. Emancipation can affect tolling.
Court Approval for Settlements
Virginia Code § 8.01-424 requires court approval for any settlement involving a minor. This protective measure provides that proposed settlements truly serve the child's best interests and provide adequate compensation for their lifetime needs.
Structured Settlements and Special Needs Trusts
Virginia law allows for structured settlements and special needs trusts to protect children's compensation over their lifetime while preserving eligibility for SSI (Supplemental Security Income) and Medicaid.
How to Calculate Recoverable Damages for an Injured Child
Determining fair compensation for a child injured in a truck accident requires projecting their needs over an entire lifetime.
Medical Expenses
For severe injuries like spinal cord injuries, first-year costs often reach $500,000 to $1 million or more, with lifetime costs in the millions, depending on injury severity and age. Children with severe injuries often require medical care for the rest of their lives.
Educational Accommodations
Brain injuries and other trauma can significantly impact a child's learning abilities, requiring special education services, tutoring, and modified educational programs. Specialized schools for children with brain injuries can cost $50,000 or more per year.
Lost Future Earning Capacity
Economic specialists must project what the child might have earned in their chosen career versus their reduced capacity after the injury. This calculation extends over 50+ years of potential work life, often resulting in millions of dollars in lost income.
Pain and Suffering
Virginia courts recognize that children injured in truck accidents deserve compensation for both their current pain and the ongoing impact on their quality of life throughout their lifetime.
What Parents Should Do Immediately After a Truck Crash
The actions parents take following their child's truck accident can significantly impact the success of their legal case.
Document Everything
Keep detailed records of all medical treatments and maintain a journal documenting recovery progress, behavioral changes, and developmental milestones.
Avoid Insurance Company Contact
Trucking company insurers will often contact parents immediately, hoping to obtain quick settlements before the family understands the full extent of injuries. Politely decline to give statements and refer all communication to your attorney.
Preserve Evidence
Important evidence can disappear quickly. Motor carriers must retain ELD and Records of Duty Status data for six months, which is another reason to send preservation letters immediately. GPS and dashcam retention can vary considerably from company to company.
Seek Legal Representation
Contact The Mottley Law Firm right away to begin protecting your child's rights. Our firm's proven track record in cases involving serious injuries means your child will receive the comprehensive legal representation they deserve.