what happens if you are in crash and child is not in carseat?

U

Unregistered

Guest
My son and his wife were coming home from Thanksgiving and were in a serious car accident. Their 11 month old son was crying so hard that my son who was not driving took him out of the carseat to calm him down for a minute and they hit ice and were in a serious accident.
Baby got leg fractures and bruises and now CSD is looking into abuse charges.
Does anyone know what I am about to face? it is 11:22 Pm Sun. night and CSD is still coming to interview the parents about bruises. My son didnt tell anyone that the baby was out of the carseat. So he has unexplained bruises.
Has anyone gone through this before?
 
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UlrikeDG

Admin - CPS Technician Emeritus
Wow! You're lucky everyone survived. Not only would you be dealing with the loss of your grandchild, but your son could be facing murder charges as well.

My best advice is for your son to get an attorney now. He screwed up big time, and his child is suffering the consequences. All he can do now is try to minimize the legal repercussions.

I wish your grandchild a speedy recovery!
 

cliebe

CPS Technician
By law, in some states, you may remove a child from a safety restraint briefly to attend to their needs (ie. feeding, changing, etc). This law is certainly inappropriate and many states are working to change it, but it could apply in this situation depending on where your son was at the time of the crash.
 

Robert

CPST Instructor
In most states the driver is accountable for anything that happens in a vehicle. If your state has a law that children must be restrained in a vehicle, then the driver would be held accountable for any charges rising out of the injuries to the child which could include child neglect Getting an attorney would be good advice.
 

UlrikeDG

Admin - CPS Technician Emeritus
"Mother booked with negligent homicide in crash that killed infant"

Count your blessings!

Mother booked with negligent homicide in crash that killed infant

A woman whose nine-month-old daughter died in an accident because she was not restrained in a car seat was arrested on a charge of negligent homicide.

Taylor Hudson died Oct. 5 after her mother's car sideswiped a large truck in Bossier Parish. The baby was riding in Argeree Hudson's lap when she drove across the center line, state troopers said. A child-restraint seat was sitting on a pile of clothes in the back seat...

...Negligent homicide carries a sentence of up to five years in prison. Marvin said there was negligence in the case because the mother should have known there was risk to her baby by not having her in a child seat.

Last year, highway safety officials estimate, nearly 40 percent of Louisiana children 5 and under who died in crashes were not properly restrained.
 

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