Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother’s piercing screams brought the Washington state high school wrestling championships to a sudden halt in Tacoma recently. The woman’s seventeen month old child had just slipped through a gap in the bleachers at the Tacoma Dome, and had fallen twenty to thirty feet to the concrete below.

Amazingly, when medics reached the girl behind the bleachers, they found her conscious and moving about. She was rushed to the hospital, and is reportedly doing well, though her condition was not officially released.

A spokesman for the Tacoma Dome is calling this a freak accident, saying that the dome has been in existence for over twenty five years and this is the first time an accident of this nature has taken place. Immediately after the accident, Tacoma Dome employees searched the arena for gaps and taped over several as a temporary measure until more permanent modifications can be made. Investigators are now talking to witnesses to piece together what happened. They have said they will do whatever it takes to keep such an accident from happening again.

At the same event, a person fell through a ceiling tile in a restricted area, but was not injured badly enough to require a trip to the hospital.

To find out more about this harrowing accident at the Tacoma Dome, visit Child injured in fall from Tacoma Dome bleachers.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Atlanta Journal Constitution newspaper website reported that a baby boy died while under the care of a babysitter. It appears that the baby was being cared for in an unlicensed day care center in the sitter's home. The mother and this unlicensed child care provider met through the popular website - Craigslist. While Craigslist is a wonderful tool used by millions of people, the website really does not provide for any background searches or quality assurance checks regarding day care providers or day care centers. Parents and guardians should check with local and state day care licensing authorities before entrusting the care of a child in a "day care center". You can read more about this story at Baby Dies in Sitter's Care in Unlicensed Day Care Center.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Gaffney South Carolina police officer recently pleaded guilty to child abuse charges involving the son of his former wife. Wilbert Jamison was sentenced to 90 days in jail or a fine of $500 plus one year probation with 50 hours of required community service. Mr. Jamison opted to pay the fine rather than serve the 90 day jail sentence. It was reported by a local television station that Jamison denied hitting the boy with a belt as a alleged by the boy's mother. Jamison did admit to making the boy run laps in the backyard as punishment when the boy got in trouble at school for alleged stealing. See Former Gaffney South Carolina Police Officer Pleads Guilty in Child Abuse Case.

The case did not go to a jury and it was uncertain from news reports what evidence other than testimony supported the allegations by the victim and / or the victim's mother.

It is important for parents, no matter the age, education, or profession, to take a reasonable and rational approach to child rearing and discipline. Often times, the tempers of a parent or caregiver get out of control and violence results. Parents and caregivers should give themselves a time out before a child is injured as a result of a reckless and anger driven act.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee, children in public and private schools should be educated in a safe environment. Unfortunately, many teachers and school employees have violated the trust of their positions and have engaged in sexual misconduct with children. Whether it happens in high school, middle school or elementary school, it is still wrong and violative of State laws and school board policies and procedures. It was recently reported at the Tennessean Website that a former high school band director returned to jail for the alleged violation of a bond that required him to have no contact with his 16 year old accuser. James Tucker was arrested in December 2009 following an investigation at Summertown High School (Tennessee) for sexual misconduct with the 16 year old student. He was released on bond under the condition that he have no contact with his accuser.

Mr. Tucker has the right to criminal defense representation in the criminal case. The case will turn on the available evidence which will include testimony. While it was not reported one way or another in this particular case, many cases these days also involve electronic / internet / computer evidence in the form of e mails, voice mails and text messages. This evidence often times help prove the criminal conduct as well as the intent of the criminal defendant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, day care centers have a duty to provide for the safety. State authorities closed a Fairway day care center. It was reported that the day care center was closed to protect the safety and health of the children. A recent inspection of the child care facility revealed that the center had more children than it was licensed for. Furthermore, the inspection revealed that one of the infants was kept in a bathroom and another was found in a bedroom covered with blankets. The day care center operator can appeal this decision and will be able to defend her facility against the allegations and findings on the inspection.

Inspections by the State can and do help prevent tragedies from taking place. Unfortunately, the State is not present at every day care center - every minute of the day. It would be impossible to have such oversight. As such, many day care centers create and allow dangerous situations to be present which, in turn, put children at risk for serious personal injuries and even death. You can read more about this story involving a Kansas Day Care Center at State of Kansas Authorities Close Kansas Day Care Center.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sergeant Louis Carlos of the Santa Fe, New Mexico Police Department was present at the hospital when the two year old son of Jennifer Stephenson and a Mr. Apodaca was brought into the emergency room with four centimeter welts across the backs of both of his legs. The police officer said it was very hard for him to listen to the child screaming in pain, and even harder to hear what his parents had to say about it.

According to the child’s father, he entered the boy’s room and found him on lying on his bed underneath a chest of drawers. The child’s mother claimed that she didn’t see or hear anything. But doctors told police that the welts are consistent with the child being tightly bound by ropes, and said they suspected abuse or neglect. They added that they may need to amputate the boy’s legs; they have already performed surgery to remove some of the damaged tissue in hopes of saving his legs.

Both Ms. Stephenson and Apodaca have been arrested and charged with child abuse. The child and his little sister are in the custody of the New Mexico Children, Youth and Families Department. Find out more details of this heartbreaking story at Santa Fe Couple Arrested, Accused Of Child Abuse.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

La Petite Academy in Knoxville, Tennessee, has received the highest ranking possible from the State of Tennessee Department of Human Services: three stars. Nevertheless, when a mother recently picked her child up from the daycare, the child would not stop crying. When the mother confronted the daycare director the next day, she learned some distressing news.

According to the mother’s account, her daughter is being toilet trained, and soiled her pull-ups while in daycare. To shame her, one of the daycare workers made her wear a baby diaper and suck on a pacifier while another worker videotaped the child on her cell phone. Also according o the mother, the woman who videotaped the incident has been fired, but the woman who put her child in diapers has not.

The Tennessee Department of Human Services has cited the daycare for improper discipline, and is investigating the daycare. If the daycare is found to have violated state licensing rules, it could face an array of consequences, including civil penalties. The La Petite corporate office has declined to comment on the matter.

Find out more details about the toilet training incident at this Tennessee daycare at High-rated Knox daycare center cited for "improper discipline".

If your child has been abused or neglected by your daycare provider, please contact our Jacksonville, Florida law firm for child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A young boy is in critical condition from gun injuries he suffered in his own home. The child, whose name and age have not been released to the press, was put to bed in his parents’ bedroom one night. During the night he apparently discovered his father’s loaded firearm in the night stand. The gun went off, piercing the child’s arm and his abdomen.

The child’s father is reported to be Jared Bledsoe, who joined the Las Vegas police department last year. The Abuse and Neglect Detail of the Las Vegas Metropolitan Police Department is investigating the incident. A report will be submitted to the Clark County district attorney, who is responsible for deciding if Bledsoe will be prosecuted or not. The police department Internal Affairs Division will review the case as well.

Nevada state law requires parents to securely store firearms. Like other Nevada parents involved in similar incidents, Bledsoe could be charged with felony child endangerment or felony child abuse and negligence. Read more details about the incident at Son of police officer critical after accidentally shooting himself.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Utah Highway Patrol reported recently that a three year old child was sent to the hospital in critical condition after she was ejected from an SUV in a rollover crash. According to officers at the scene, all other passengers in the car were wearing seatbelts, and were not thrown from the car; the child in a booster seat prior to the rollover accident.

The terrible accident comes as the Utah legislature is debating a proposal to relax current child safety seat legislation. The child advocacy manager for Children’s Medical Center, Janet Brooks, says she opposes the bill. She believes that many lives will be saved by children riding in safety or booster car seats.

Provo, Utah Representative Chris Herrod introduced the bill, which relaxes child safety seat requirements for short trips. He stated that he would rather have his child ride home with a friend who did not have a child safety seat than to have his child walk home alone.

A Utah House committee has passed the bill, and it will go to the full house soon. Find out more about the proposed safety seat bill at Utah House panel favors bill relaxing child safety seat law.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Aaron Pace of Philadelphia, Pennsylvania was babysitting twenty month old Suliaman Orrell Kirkland recently, with other family members present in the home. Pace, who refers to himself as the child’s godfather, allegedly wet a rag with Drano and applied it to the child’s skin to punish him for being uncooperative.

Of course, Mr. Pace and / or any other potential Defendant has the right to advice and counsel from a criminal defense attorney. The district attorney and police department have a duty to investigate deaths of this nature to determine if a crime was committed, the type of crime committed, and the evidence available to prove such a crime. Some child deaths result from inattention, negligence, or just an unfortunate and unpredictable incident. Others result from intentional and reckless acts which should be prosecuted.

Pace’s family members did not witness the alleged Drano incident, but did notice sometime later that Suliaman was injured, and called the child’s mother. She in turn called an ambulance. When paramedics arrived, they found the child covered with chemical burns on his upper extremities. The child was rushed to the hospital in critical condition. He died of his injuries the next day. Pace is being held by police but has not been charged with any crime.

There are far too many stories in the news about children being “punished” by being exposed to toxic household chemicals. These chemicals are very dangerous and can seriously injure or even kill a young child. Parents and caregivers need to understand that injuring a child is not an appropriate disciplinary tool. More details about the tragic death of Suliaman Orrell Kirkland can be found by visiting Police: Babysitter killed toddler with Drano.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Keilysha M. Ruiz, a three month old from Milwaukee, Wisconsin, died after spending the night in her mother’s bed with her mother and her two year old brother. Keila Torres, the child’s mother, told police that the child had seemed fine the night before. Keilysha had woken up early in the morning, but refused to take her bottle, so Ms. Torres went back to sleep. When she awoke the next morning, the infant was limp and unresponsive.

Emergency responders pronounced Keilysha dead at the scene. Ms. Torres told investigators that she had gotten up and left the children alone in the bed when the child’s father, Josue E. Ruiz Caballero entered the bedroom and saw blood coming out of the girl’s nose. Ruiz Caballero did not corroborate Ms. Torres’ story, saying that he was awaked by Ms. Torres screaming that something had happened to the infant.

The Milwaukee medical examiner’s office has not yet confirmed the cause of death. Co-sleeping, or “the family bed” is the practice of sleeping in the same bed with a child. Co-sleeping can put babies at risk for suffocation or other serious injuries. While the cause of death in this case is under investigation, parents and caregivers should be aware of the risks caused by co-sleeping or the family bed. Read more details of the story at Infant girl dies after sharing bed.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Anthony Jerome Hall Jr. was accused of beating and stomping his girlfriend’s baby to death while she was at school. According to prosecutors, Hall killed the child late in the evening, telling the mother that he had put the baby to bed before she arrived home. The next morning, after the girlfriend left the house, Hall allegedly stuffed the boy’s body into a plastic trash bag, and then took several trains and a bus to Long Beach, where he tossed the baby in a trash bin.

He then called his girlfriend and told her that the child had been abducted; cutting himself with his own keys to make it look as though he had been attacked. When Hall’s girlfriend called the police, the dispatcher called Hall’s cell phone, and police were able to locate him in Long Beach, where they quickly discovered the body.

Hall admitted to officers that the kidnapping had been a lie, but insisted that the child’s death was an accident. He later told investigators that his girlfriend had killed the child, and then asked him to dump the body. Later on he changed his story again, saying that he had struck the child several times before putting him to bed, and that he had found the boy dead the next morning.

The defense painted Hall as a “fall guy,” who was willing to take the blame for his girlfriend’s actions, and pointed out that there was no physical evidence linking Hall to the child’s death. The case has been turned over to the jury. Find out more the tragic death of a California infant at Baby killing case goes to jurors.

If your child has been injured, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

The phrase, “you can find anything on the internet," now has a new meaning thanks to Craigslist.

The free classified website has brought together buyers and sellers dealing in boats, automobiles, and pets. Recently, Craigslist has also facilitated a human organ transplant.

Recently, Daniel Flood of New York received a successful kidney transplant from a living donor. After his doctor notified him that he would soon need dialysis or a kidneys transplant, Flood signed up on a 6 year transplant waiting list. In the meantime, Flood’s daughters placed an ad on Craigslist seeking help in the form of a kidney donor. Responding to the ad, Dawn Verdict of California learned that her blood type matched Flood's and agreed to donate one of her kidneys.

Before Verdict responded, the Floods received many replies that were either not credible or were offers to sell a kidney for a price, which is illegal in the United States.

Currently, organ donations are acceptable, but law prohibits a person from charging money for an organ. Supporters of the law argue that allowing sources to sell their organs would create a “market” for human body parts, which would potentially cause a drop in price due to increased supply.

Others believe that sources should be able to receive compensation because nearly everyone else involved (surgeons, transporters, etc) in the process of an organ transplant is permitted to do so.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Wisconsin's Governor recently announced the rating system that will be used to rate day care centers in the State. The rating system will be a helpful tool for parents searching for a day care center and it was reported that the ratings may be linked to State of Wisconsin funding. You can read more about the Governor's announcement at ABC News.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When a parent sends a child to a day care center, it is expected that the child will be safe and out of danger. Unfortunately, at times, injuries take place at day care centers. Some incidents are unexpected and could not have been prevented. While others could have been easily prevented through better supervision and safety precautions.

In Perth, Australia, a toddler was bitten by a venomous snake. Fortunately, he got the treatment that he needed and is expected to survive this trauma that could have ended this child's life.

Snakes in day care centers are far from common. However, other types of injuries take place at day care centers on a more common basis. These include falls, bus accidents, corporal punishment, and playground incidents. Day care center owners and care givers should use their best efforts to keep children safe and out of harm's way. See Toddler Survives Snake Bite.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Movies made for kids over the years have shown improvement in the use of safety equipment like seat belts and helmets. However, a government study showed that only 56 % of vehicle occupants show the use of a seat belts while just 25 % show the use of a helmet while riding a bicycle. Of course, a movie is not required to always show adults and children using good judgment. After all, many adults and children in the real world fail to use seat belts and / or helmets. Unless there was a specific artistic reason for failing to use a seat belt or a helmet, movies that market to children should set good examples as to these safety measures. You can read more about this government study at Seat Belts, Bicycle Helmets Go Unused in Movies Aimed at Kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lab testing of children jewelry detected high amounts (some levels exceeding 90 % of the item's weight) of a dangerous and toxic metal called Cadmium. Direct exposure to Cadmium can cause health problems for children. There is not a great deal of scientific literature or study of this toxic metal as the typical exposure to children and others has been limited. Nevertheless, parents and medical professionals should be aware of this study and the danger of Cadmium. The safest way for parents to handle this matter is to refrain from putting jewelry on a child unless it is made from a metal like gold or silver that has no potential harmful side effects or health hazards. You can read more about this story at Toxic Metal Found in Kids's Jewelry Very Dangerous.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Researchers / doctors at the Center for Injury Research and Prevention at Children's Hospital of Philadelphia found that approximately 37 percent of parents suffered traumatic stress and high levels of anxiety as a result of a child who suffered personal injuries. Parents often times have difficulty coping with a serious personal injury to a child. It can be difficult for parents to discuss their emotions or cope when a helpless and innocent child is injuries. Most parents do their best to protect their children and provide their children with the best life possible. Unfortunately, in an instant, all this can change due to injuries caused by automobile accidents, medical malpractice, playground incidents, school injuries, and other causes. It can be especially difficult to cope with a child injury if the injury was wholly preventable with better supervision or attention. Studies like the ones at the Children's Hospital of Philadelphia show how difficult it can be for a parent trying to cope with serious personal injuries to a child. You can read more about this topic and get a link to the Children's Hospital of Philadelphia website at Emotional Trauma After a Child's Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Over 2 million children are injured each year from hazards in the home. Yes, hazards in the home. The blog / website www.bestparentingskills.com published a very good article that outlined 12 safety devices that parents and homeowners can put in place to prevent many of these unfortunate and some times tragic incidents / injuries from taking place. See 12 Safety Devices to Protect Your Children. The safety devices mentioned were as follows:

*Safety latches and locks;

*Safety gates;

*Door knob covers and door locks;

*Anti-scald devices;

*Smoke detectors;

*Window guards and safety netting;

*Corner and edge bumpers;

*Outlet covers and outlet plates;

*Carbon monoxide detector;

*Window blind cord safety tassels;

*Door stops and door holders; and

*Cordless phones.

Many of the above devices are inexpensive and easy to install. By taking a little bit of time and money, a child's life can be saved and personal injuries can be avoided. Parents, homeowners, schools, and day care centers should take all reasonable precautions and measures to act in the best interests of children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Oxytocin has long been called the “love hormone,” primarily because it is released at childbirth and during sex to aid in human bonding. It is now being used in the United States in a trial on young people with Autism spectrum disorders. Autism is a disorder that is marked by anti-social behavior and repetitive behaviors.
Dr. Eric Hollander, the Advisory Board Chairman for the International Center for Autism Research and Education and Chairman of Psychiatry at the Mount Sinai School of Medicine at the Albert Einstein College of Medicine, believes that giving oxytocin to Autistic persons may improve social skills and cut down on repetitive behaviors. He believes that the hormone therapy will be effective despite the age of the patient.

In the study, Autistic patients who were given oxytocin nasally for twelve weeks reduced their repetitive behavior and were able to identify moods in other people based on their tone of voice. Similar results were seen in the group that took oxytocin by injection. This new use for an established hormone may provide hope for parents of children with Autism.

Of course, use of drug therapy on the complicated disorder known as Autism has varying results. In addition, experts often time express different opinions as to the effectiveness or lack of effectiveness of certain drug therapy and other efforts aimed at common behavioral and social components of Autism.

Read more details of the study at 'Love hormone' may reduce autism symptoms.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A recent column by popular advice columnist Dear Abby brought out some heart-wrenching stories from her readers. They shared their personal tragedies suffered as a result of other drivers or even themselves using a cell phone to text or talk while driving. Readers felt strongly that family members witnessing parents driving their kids while using a cell phone should step in to put a stop to it. Many compared the activity to drinking and driving, saying that parents who drive distracted with their kids in the car should be charged with child endangerment.

One woman shared a story of a driver in her area who hit a motorcyclist and then drove over him and away, still talking on her cell phone and apparently unaware that anything had happened. If she had stopped when she first hit him, the man would still be alive; the man was killed by being run over after she hit him. Another woman shared a story of how her legs were crushed when she was in an accident while talking on her cell phone. She believes that if she had been paying better attention to her driving she could have avoided the accident.

They also shared tips for avoiding temptation, like training family members to call twice in a row if it is an emergency, and then pulling over before taking the call. Readers reminded each other that distracted driving is a hazard not just to the person doing it, but to everyone else on the road.

Parents have a lot to be concerned about. Many worry about lead in their children’s toys, the safety of vaccines, and the quality of the food they eat. Many of these same parents think nothing of taking a phone call while on the road with their children.

It is not negligence per se to use a mobile phone in most instances. In some cities, there is a ban on the use of mobile phones while driving. In other areas, a person can use a mobile phone while driving without breaking the law. The true issue is whether the person is distracted while driving. Anything that moderately distracts a particular driver should not be done while driving. This may be the use of a mobile phone or the eating of food or even the listening to music. All drivers should use their best efforts to remain alert to traffic and road conditions.

Read the actual letters and find out the details of the stories at Dear Abby | No phone call is worth an accident.

Distracted driving is a real problem that certainly has increased with the use of mobile phones and related mobile devices. If a child has been injured as a result of distracted driving or any other negligence, contact a child injury lawyer for a consultation to determine your child's respective rights.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragically, children are injured and die every year while crossing the street. In some instances, the injuries are caused by driver inattention or driver distraction. In other instances, the injuries are caused in part by the child's inattention or distraction. Some times, the incident is caused by both the fault of the driver and the child. Parents, teachers, and caregivers should do their best to educate children about child pedestrian safety. USA Safe Kids has a very useful website that has a page titled Safe Kids Walk This Way. It contains a list of Child Pedestrian Safety Rules that should be reviewed with children. Simple safety precautions can help avoid serious personal injuries and deaths to children attempting to cross the street. Of course, all the care in the world cannot prevent death or injury to a child as a result of careless driving, negligent driving, or drunk driving.