On June 6, a woman and her infant were involved in a rollover accident on I-290, The Daily Herald reported. The car rolled over after striking the right wall of the Illinois expressway. The infant was seriously injured and is currently still in critical condition. Police reports indicate that the infant’s car seat was not properly attached to the car, nor were the car seat’s fastening straps properly positioned on the baby.
The mother “has been cited for failing to properly install” the car seat, as well as improper lane usage and driving without insurance. This incident raises a complicated issue regarding the issue of negligence. In cases like this, it may be unclear whether this was an act of negligence or simply excusable ignorance.
The state trooper interviewed in the article, who is a safety education office and child seat technician, argues that this is more so an issue of ignorance than it is of negligence. His reasoning is that there was no harm intended in that the parents did utilize a safety seat. Additionally, a recent car seat check in the Chicago area demonstrated that, “between 50 percent and 75 percent of the seats were installed incorrectly.”
Conversely, a case could be made that this was an issue of negligence. From simply the information provided in the story, the mother was driving in a very negligent manner, and was doing so with her child in the car. She was also driving without insurance which, given the laws and level of social awareness, is a very hard thing to claim ignorance of. An Illinois car accident lawyer could very well make the case, from this isolated event at least, that there could be a pattern of negligence on the part of the mother.
In time more will be learned about this case, and the issues of negligence versus ignorance is central here. Our Chicago car accident lawyers understand the complications of a complex case such as this. That being said, there are negligent drivers out there and you can contact our team of Chicago car accident attorneys to find out your legal rights should you or someone you love be injured or killed as a result of another’s negligence.
Fortunately for parents worried about the safety of their car seats, most police and fire department provide a free check. In addition to that information, the article included a link to the government’s car seat inspection locator.