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South Jordan Personal Injury Lawyer: Crashes With Kids in the Car

A crash in South Jordan or Daybreak with children in the car. Utah's car seat law, what to do about a car seat after a crash, the injury claim for a child, and the deadlines that apply.

Quick Answer
After a crash in South Jordan, get the report from South Jordan Police for crashes in the city, or the Utah Highway Patrol for freeway crashes. If children were in the car, have them checked by a doctor even if they seem fine. Utah Code 41-6a-1803 requires a child younger than eight to ride in a child restraint device unless the child is at least 57 inches tall. Keep the car seat after a crash and photograph it, because replacing it is part of the property damage claim. A child's injury claim is brought by a parent or guardian, and under Utah Code 78B-2-108 the statute of limitations does not run while the injured person is under 18.

South Jordan is a city of young families. Daybreak alone is full of minivans, strollers and school drop-offs, and the roads that serve it, Bangerter Highway, the Mountain View Corridor and South Jordan Parkway, carry fast commuter traffic through the middle of it.

So the call we get from South Jordan is often the same one. There were kids in the car.

First: get the kids checked

Children do not always tell you something hurts, and small children cannot. A child can seem fine at the scene and be sore, withdrawn or sick the next day. It is not the time to be brave, for them or for you. Have every child who was in the car seen by a doctor, and tell the doctor about the crash.

Utah's car seat law

Utah Code § 41-6a-1803 requires the driver to protect each child younger than eight with a child restraint device used the way the manufacturer says. A child under eight who is 57 inches tall or taller may use a properly fastened seat belt instead. Children from eight up must be belted.

If your children were properly restrained, that is worth documenting. Photograph how they were buckled in if you can, and the seats themselves.

After a crash, the car seat is evidence and damage

Many car seat manufacturers tell parents to replace a seat after a crash. Check your seat's manual or the manufacturer's website for its rule. Either way:

  • Do not throw the seat away yet. Photograph it, including the labels.
  • Keep the receipt for the replacement.
  • Include it in the property damage claim. A car seat is part of what the crash damaged.

A claim for an injured child

A child's claim is brought by a parent or guardian. The insurance company will want a parent to sign a release for the child. Do not sign one before you know how the child's injuries will heal. Children are still growing, and some injuries only show their full effect later.

Utah also protects the child's deadline. Under Utah Code § 78B-2-108, the statute of limitations does not run while the injured person is under 18. That does not make waiting wise. The parents' own claims have their own clocks, and evidence fades regardless.

Which police agency took the report

Crashes inside the city are handled by South Jordan Police. Freeway crashes are usually worked by the Utah Highway Patrol. Keep the police case number and the insurance claim number separate.

TRAX and FrontRunner

The TRAX Red Line serves South Jordan and Daybreak, and FrontRunner has a South Jordan station. A crash involving a UTA train or bus is a claim against a government entity. A written notice of claim is due within one year under Utah Code § 63G-7-402.

The deadlines

  • Personal injury — four years. Utah Code § 78B-2-307, with the clock for a minor paused until 18.
  • Wrongful death — two years. § 78B-2-304.
  • Vehicle property damage — three years. § 78B-2-305, including the car seat.
  • UTA or another government entity: written notice of claim within one year.

A South Jordan injury lawsuit is generally filed in the Third District Court, which covers Salt Lake County.

LawyerUp handles the vehicle claim, the car seat included, alongside the injury claims for everyone in the car. Call (801) 685-1000.

More on our Sandy office, a short drive east, or see all Utah injury insights.

Reviewed by J. Bradford DeBry, Utah State Bar 1996. General information about Utah law, not legal advice about your specific situation.

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