Alexandria Child Car Accident Attorney

Child Car Accident Attorney

A car accident is frightening enough when adults are involved, but when a child is hurt, the pain and fear cut deeper. Not only are you watching your child deal with pain or spend time in the hospital, but you’re also tasked with making decisions about medical care, calling to report the incident to the insurance company, and filing a police report. Few moments test a parent more than this one.

Three Generations of Louisiana Advocacy

Roy Injury Law has represented Central Louisiana families for more than 30 years. Chris J. Roy, Jr. is a third-generation attorney who grew up watching his father practice law in Alexandria, and his son, John J. Roy, now continues the family tradition as the fourth generation to serve the Rapides Parish community. At Roy Injury Law, Chris and John approach every case as if they’re representing a family member.

That approach matters most when a child is the one who was hurt. Chris has spent years advocating for the protection of children and vulnerable individuals, including his legislative work on laws protecting mentally disabled children and his service on the board of directors for the Rapides Parish Children’s Advocacy Center and CASA.

Roy Injury Law does not treat child injury cases as routine situations. Every case is handled on a contingency basis, so your family pays nothing upfront, and the firm only gets paid if your case is won.

Who We Serve

Families reach out to us after all kinds of crashes involving children. Common situations include:

• A child hurt in a crash caused by another driver. Your child was riding with you, a babysitter, or another trusted adult when a different motorist caused the wreck through a rear-end collision, an intersection crash, a sideswipe, or distracted driving. Your child may have an injury claim of their own, even if the adults in the vehicle were injured too.
• A child injured when the person driving them caused the crash. The driver, whether a parent, grandparent, relative, or caregiver, may have been speeding, distracted, following too closely, or impaired. Families often feel unsure how to proceed when the responsible party is someone they know and love, also wondering whether their child can still pursue compensation.
• A child hurt in a crash where more than one driver may share fault. Multi-vehicle pileups, chain-reaction collisions, and disputed intersection crashes leave families wondering who actually caused the wreck and how responsibility gets sorted out when accounts conflict.
• A child who suffered serious or life-changing injuries. Traumatic brain injuries, fractures, internal injuries, spinal damage, or severe scarring can mean surgery and long rehabilitation. Because children are still growing and developing, families also worry about future medical needs, schooling, and effects that may not be fully clear yet.

How Louisiana Law Treats Child Injury Claims

For crashes occurring on or after July 1, 2024, Louisiana gives an injured person (or in the case of a minor, the parents) two years from the date of injury to file a personal injury lawsuit under La. Civil Code art. 3493.1. Unlike other states, Louisiana does not pause the timeline for filing in a child injury case until after they are 18.

However, Louisiana’s legal rules for injured children differ from the rules that apply to adults in other ways:

A parent or guardian must bring the claim. A child cannot file a claim or lawsuit on their own behalf. A parent or other legal guardian steps in to pursue the claim, and if the case settles, Louisiana courts generally must approve the settlement to confirm it protects the child’s interests. In some cases, the court may also appoint a tutor or guardian ad litem to represent the child’s interests independently.

Settlement funds are protected. Louisiana courts often require that a child’s settlement be placed in some sort of structured settlement like a trust until the child reaches adulthood, with funds released earlier only for approved expenses like medical care. This protects children from losing compensation they will need later in life.

Fault is assessed differently for young children. Louisiana uses a comparative fault system. For crashes occurring on or after January 1, 2026, a person who is found at least 51% at fault for an accident cannot recover any damages, and anyone found 50% or less at fault has their compensation reduced by their share of responsibility under La. Civil Code art. 2323. Courts weigh a child’s age and capacity when applying this standard. Young children are not held to the same standard of care as an adult driver, so fault is far less likely to be assigned to them.

Child passenger restraint laws affect liability. Whether a child was properly restrained or not at the time of a crash can become a factor insurance companies raise, which is one more reason to have an attorney go over what happened. The laws state:

• Under Louisiana R.S. 32:295, children under the age of two must be in a rear-facing child restraint system that complies with federal laws until they reach the weight or height limit of the seat, according to what was set by the manufacturer.
• Children who are two or older and have reached the limits of the child restraint system used when they were younger must be in a forward-facing child seat with an internal harness until they reach the height or weight limit of that seat as set by the manufacturer.
• Children who are four or older and have outgrown the limits of the previous child seat must be seated in a belt-positioning booster seat and secured with the vehicle’s lap-shoulder seat belt according to the instructions set out by the manufacturer.
• Children who are age nine or older or who have outgrown the limits of the previous seat must be restrained with the adult seatbelt inside the vehicle as adjusted and fastened around their body to fit correctly. The fit is correct when the child sits all the way back against the seat, their knees bend over the edge of the seat, the belt fits snugly across their thighs and lower hips rather than their abdomen, and when the shoulder strap snugly crosses the center of their chest rather than their neck.

Our Process

Roy Injury Law follows a five-step process for all claims in car accidents involving children.

1. Free, no-obligation consultation. We start by listening. You will speak directly with Chris or John about what happened, your child’s injuries, and what you are facing.
2. Investigation and evidence gathering. We review police reports, medical records, and witness statements, and we consider every driver whose actions may have contributed to the crash.
3. Dealing with insurance companies. We handle communication with insurers so you can focus on your child’s recovery instead of fielding calls and filling out paperwork.
4. Pursuing fair compensation. We pursue compensation for medical expenses, future treatment, pain and suffering, and other losses tied to your child’s injury, built around what your child will actually need going forward.
5. Court approval and settlement protection. If a settlement is reached, we guide your family through the court approval process required for minors and help structure how funds will be protected for your child’s future.

Why Choose Roy Injury Law?

• Direct access to your attorney. You will work directly with Chris or John, not get passed along to a paralegal you have never met.
• Local knowledge that strengthens your case. As longtime members of the Rapides Parish community, we understand the local courts, medical providers, and resources that can support your child’s recovery.
• A history of advocating for children. From legislative work protecting disabled children to board service with the Children’s Advocacy Center, protecting children has been part of this firm’s mission for years.
• No upfront costs. We work on a contingency basis, covering case expenses ourselves and getting paid only when we win your case.
• We come to you. We can meet your family at home, at the hospital, or at our office, because your child’s recovery should come first.

Protect Your Child’s Future

A crash can change a child’s life in an instant, and the legal process that follows should never add to your family’s stress. Chris J. Roy, Jr. and John J. Roy are ready to listen to what happened, explain your options in terms you can understand, and fight for the compensation your child deserves. Schedule your free consultation today.

Frequently Asked Questions