Child Injury Lawyer Blog

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

In New York and other States, wrongful death cases are filed to pursue damages / compensation for the death of a child. In Oyster Bay Town / Nassau County, it was reported that Oleksandr Safronov, age 15, dies when he was hit and killed by an automobile as he was skateboarding in Syosset, New York. The New York wrongful death lawsuit alleged, in part, Oyster Bay Town and Nassau County were negligent in their maintenance of the sidewalk area. In particular, the lawsuit / complaint alleged that the sidewalk was "impassable" which, in turn, caused Oleksandr to ride his skateboard into the street. See Wrongful Death Lawsuit filed in Nassau County, New York.

Wrongful death cases, claims, and lawsuit can be very complicated. A Child Injury Lawyer can help guide a family through the process and provide advocacy to the family regarding the wrongful death of the child. Wrongful death cases can present themselves in many forms including automobile accidents, day care injuries, pedestrian injuries, bicycle injuries, medical malpractice, and other causes.

It is well known that children often times lack good safety awareness and judgment. While a child (certainly an older child) may bear some responsibility for the injuries, most States have comparative fault standards in place. In other words, even if the child was partially negligent or at fault, the parents can still pursue a claim or lawsuit on behalf of the child.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, drivers should slow down and stop as necessary when driving in or near school buses and school bus stops. Unfortunatly, children are at danger and risks for serious personal injuries and even wrongful death when people drive too fast or fail to otherwise stop when required at or near school bus stops. In Clay County, Indiana, it was reported that Logan Parr - age 15 - was in the process of walking across a street when he was hit by a truck. At the time of this pedestrian accident, it was reported that the school bus stop arm was extended which means that the drivers in the area should have stopped to allow the children to depart the bus and safely walk across the street. See Clay County Indiana Pedestrian Accident - Personal Injuries to Teenager Trying to Cross the Street.

Following the pedestrian accident, the teen was taken to St. Vincent's Clay Hospital for medical treatment for a injured leg and other personal injuries. The Indiana State Patrol responded to the scene of the pedestrian accident.

Many pedestrian accidents are preventable if drivers obey speed limits and otherwise pay attention to traffic condition, school bus stops, weather, and other factors. Children are put at risks when drivers are distracted or just simply ignore traffic conditions, speed limits, and / or the presence of pedestrians.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can receive this book for free at The ABCs of Child Injury.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Brunswick, Georgia, a serious automobile accident / school bus accident took place when a school bus hit a car. Due to the impact, the car and its driver were pinned by the larger school bus. See Glynn County School Bus Hits Car - Pins It Against a Tree Trapping Driver Inside. Police and rescue workers responded to the scene and were able to free the trapped driver from the vehicle. Thereafter, the injured driver was taken to a Savannah hospital for evaluation and treatment.

Driver safety is key for all drivers on Georgia roads. It is important for all drivers to pay close attention to speed limits, road signs, traffic conditions, and road conditions. When there is an automobile accident, there are often many issues and challenges faced by the injured driver or passenger. These include those related to medical care, medical treatment, medical bills, insurance claims, wage loss, and other compensation. It is often times helpful to have assistance and representation by a personal injury attorney to guide the injury victim through the claim. When necessary, a lawsuit can be filed to enforce the rights to compensation of the injured person.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pursuant to Section 17C-11A-4 of the West Virginia Code, all children under the age of 15 years old are required to wear a bicycle helmet In fact, it is unlawful for any parent of a child under the age of 15 in West Virginia to knowingly allow the child to operate or be a passenger on a bicycle without a proper fitting bicycle helmet. See West Virginia State Code.

Bicycle helmet laws vary from State to State. Furthermore, some counties and cities have their own helmet laws in place as well. Whether or not there is a helmet law in place in a certain State or City, it is always recommended by child safety advocates that children and all others riding a bicycle wear a protective helmet. Many serious head injuries can be prevented or at least lesseneed by wearing a proper bicycle helmet. It should be noted that a child can be injured in his or her driveway as well as any other location. Because of this, it is always a good idea to wear a helmet for short rides as well as long ones. Forming and enforcing the good habit of a child to wear a bicycle helmet is vital for the child's ongoing safety.

Some child safety advocates promote bicycle safety awareness by giving out helmets to children in the community. Stephen New is an attorney based in Beckley, West Virginia. His community service work focuses on child safety and, in particular, bicycle safety - bicycle helmets. See the website for Mr. New at West Virginia Community Service Project - Bicycle Helmets for Children.

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

In Texas and other States, drivers should exercise the utmost of caution when driving in or near an area of school bus stops. School buses are typically large, yellow vehicles that are easily seen. When a school bus stops, it should be obvious to all drivers in the area. Unfortunately, some drivers ignore the obvious presence of a school bus and put children in danger by reckless and careless driving. As a result thereof, children suffer serious personal injuries when they are hit by a vehicle in or near a school bus stop zone. See Texas Child Struck by Driver While Walking from School Bus.

A driver was recently arrested and charged with a hit and run collision after he hit a child walking home from school after getting off of a school bus. Ivy Pilgreen, a 1st grade student from Silsbee, Texas, suffered serious personal injuries and required care at the UMTB pediatric unit.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medica Bills, Damages / Compensation, and other topics. A parent or other interested person can receive a free copy of this book at The ABCs of Child Injury.

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

In Buffalo, New York and other communities, it is vital that drivers follow traffic regulations and speed limits especially in areas where children are pedestrians or bicyclists. Unfortunately, many children suffer personal injuries and some even die due to the negligence of others. In Buffalo, New York, the Buffalo Police reported that a 9 year old child - Daspan Niroula - died after he was hit and killed by a day care bus. The boy's brother - Chandra Niroula - age 16 - stated that the bus ran a stop sign. Police will fully investigate the accident since a death resulted. The driver drove the bus for Lil' Workers Child Development Center, a state-licensed child care business run by Greater Works Christian Fellowship Church. See Boy Struck by Day Care Center Van - Police Investigating.

Pedestrian accidents are not always clear cut as to the liability or fault of the driver as compared with the pedestrian. Regardless of the outcome of the investigation, the untimely death of a 9 year old is tragic and a great loss for the family, neighborhood, and the community.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. A parent can obtained a copy of this book for free at The ABCs of Child Injury.

In Derry, New Hampshire and other communities, school bus drivers have a duty to drive safely and otherwise properly supervise the children on the school bus. It was reported that a school bus drive, Amy Weeden, was accused of stopping short which, in turn, caused two students to suffer personal injuries as a result of the braking. The incident was reported to police and Weeden was ultimately charged with disorderly conduct and assault. See Derry New Hampshire - School Bus Driver Stops Suddenly - Personal Injuries.

Parents rely on schools and day care centers to safely transport and otherwise supervise their children. From time to time, there can be challenges on the job for a teacher, assistant, school bus driver, and others charged with driving and / or supervising children. It is important for these adults with the fiduciary duty of caring for children to keep their calm and composure and always act in the best interests of the children. Safety first - safety always should be followed.

When a child suffers personal injuries as a result of bad acts or negligence of others, a claim and / or civil lawsuit may be pursued to enforce the rights of the injured child. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There is a new trend out there that should cause concern to parents and child safety experts. The trend or recipe involves gummy bears (chewy sweet candy treats) and alcohol. Yes, candy mixed with alcohol is being consumed by teens as a way of "partying" and "having fun". Unfortunately, many teens lack good judgment to begin with. Then, you add alcohol to the mix and there are many risks to the teen as well as others if the teen decides to hit the road while under the influence of "alcohol". Whether alcohol is consumed through a beer bottle, wine glass, or gummy bear, the dangers are all there. See Drunk Gummies - Teens Soaking Gummy Gears in Vodka to Get a Buzz.

If a child is injured through the negligence of another person (adult or child), there can be legal ramifications both criminal and civil to such actions. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Treatment / Bills, School Injuries, Automobile Accidents, Damages / Compensation and other topics. See Free Child Injury Book for Parents.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other states, drag racing can turn deadly for the drivers and / or spectators. One such race caused the death of two spectators - Keshon Burdette - age 15 - and Kevin Johnson - age 27. The incident took place in Waynesboro Georgia. During the race, a car went out of control and crashed into these unfortunate spectators. Drag racing is a dangerous activity which can and does cause serious personal injuries and, sadly, in some instances the wrongful death of others. See Two Killed When Drag Racer Loses Control of Vehicle in Wayenesboro Area Drag Race.

The loss of a child is a parent's worst nightmare. It is even worse when the death could have been avoided. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Treatment / Medical Bills, Automobile Accidents, and other topics.

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

In Whitehaven, Tennessee, a family and community are mourning the death of a 6 year old boy - Anthony Scott. It was reported that Anthony was hit and killed by a day care center van with Pee Wee Wisdom Child Care Center. The Tennessee Department of Human Resources is the governmental agency that licenses and regulations day care centers in the State of Tennessee. A full investigation will be conducted to determine the cause and preventability of this tragic day care center transportation pedestrian accident. See State of Tennessee Department of Human Resources to Investigate Fatal Pedestrian Accident - Death of Anthony Scott.

When a child is injured as a result of the negligence or inattention of a child care provider, a school, or other entity, parents are faced with a number of questions regarding legal rights, insurance, and compensation. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Automobile Accidents, Damages / Compensation, and Medical Bills / Medical Treatment. The book is available on Amazon, Barnes and Noble, and the Apple iBookstore. It is also available to parents and other interested persons at Free Book for Parents Dealing with a Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

ATVs (All Terrain Vehicles) are popular with children and teens. Unfortunately, many children and teens suffer serious personal injuries and, in some instances, death as as result of an ATV (All Terrain Vehicle) accident. The American Academy of Pediatrics (AAP) presented statistics and studies at a conference in Florida regarding ATV related accidents and injuries. It was estimated that children were injured in approximately 1/3 of the 130,000 to 150,000 ATV related emergency room visits each year in the United States. Some injuries result from excessive speed and some result from the lack of the use of a helmet. See Too Many Kids Injured in ATV Crashes and Accidents.

When a child is injured in an ATV accident, a parent is often faced with many issues and queston. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medica Treatment, Damages / Compensation and other issues. A parent or interested person can receive this book for free at Free Book on Child Injuries and Legal Rights.

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

In Tennessee and other States, parents send their children to school with the hope and expectation that the child will be educated and supervised in a safe environment. Unfortunately, some children suffer serious personal injuries and some even die while on school grounds or while engaged in a school related activity or field trip. In Whitehaven, Tennessee, it was reported that Anthony Scott (age 6) was hit by a day care by a Pee Wee Wisdom Child Care Center. A full investigation will be conducted as to the cause and preventability of such an accident.

The incident took place in the parking lof of Oakshire Elementary School. During the investigation, it is expected that school and law enforcement officials will review videotapes (if any are available), school policy and protocol, and witness statements regarding the incident. No matter the outcome of the investigation, the death of Anthony Scott is certainly a tragic loss to his family, school, neighborhood, and community. See 6 Year Old Struck by Tennessee Day Care Center Van - Oakshire Elementary School.

Parents often times have a number of questions and issues to deal with when a child suffers an injury at a school or day care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Automobile Accidents, and other topics. You can receive this book for free at Free Child Injury Book for Parents.

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

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An unfortunate and tragic automobile accident took place in near Belleview, Illinois. It was reported that a child care giver was rushing a child to a hospital after the child suffered a facial injury at the home. During the automobile trip to the hospital, the driver lost control of the vehicle and drove into a lane of oncoming traffic. The child was ejected from the driver's side of the vehicle. It was reported that the child had been sitting on the lap of a passenger rather than secured by a seat belt and / or approved child seat. See 3 Year Old Child Dies in Illinois Automobile Accident.

In Illinois and other States, parents, babysitters, child care providers, and day care providers are faced with emergency situations every day. When faced with an emergency situation, it is important for the child care provider / adult to remain calm and do their best to keep the child safe and calm. Otherwise, additional injuries can result.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Auburn, Alabama and other locations, school buses can be seen all around the community during the morning hours and later in the day during the afternoon hours. When a school bus is stopped to allow children to get off the bus, drivers should stop as well and be on the look out for children walking across or near the street. Unfortunately, some Alabama drivers do not obey these traffic regulations and pass stopped school buses. This can and does put a child at risk for personal injuries. One such incident took place in Auburn, Alabama when a 21 year old college student from Auburn University passed a stopped school bus and then hit a 7 year old child who was crossing the street. Tragically, the 7 year old girl died as a result of pedestrian / automobile accident related personal injuries. The driver was later charged with reckless driving and passing a stopped school bus. See Alabama Driver Charged with Reckless Driving for Hitting Child Crossing the Street.

It can be quite difficult and stressful for a parent dealing with personal injuries or the loss of a child. Of course, it is vital to get the support of family, friends, church / house of worship, and from the community. At times, there are also legal and financial issues to deal with. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics.

By Mark Freedman, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Flint, Michigan, a family, neighborhood, church, and community are all mourning the death of an innocent girl (Misty Dawn Kumas) who was the tragic and unfortunate victim of a driver / criminal suspect avoiding or fleeing from the police. Misty was on her way to church on a Wednesday afternoon when the incident took place. There were witnesses and even vido surveillance that captured the tragedy. In one moment, a girl is walking to church. In the next moment, she is hit as a pedestrian and suffers serious life threatening injuries. You can read more about this story at Police Pursuit in Flint Michigan - Girl - Misty Dawn Kumas Dies from Accident Related Injuries.

When law enforcement makes a decision to pursue a criminal suspect, many factors must be taken into consideration including the danger of the criminal suspect, crimes allegedly committed, the risks involved with such a pursuit, the areas in and around the pursuit including school zones and playgrounds, and other factors.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The school year brings with it a need for parents, children, and drivers to exercise good caution and driving for the safety and well being of school aged children. The University of Michigan C.S. Mott Children's Hospital and other child safety advocates urge parents and drivers to keep kids safe when they walk to school or are at bus stops. The Center for Disease Control and Prevention estimate that over 25,000 children are injured every year as pedestrians. The injuries range from minor personal injuries to traumatic brain injuries to death. Here are some safety tips for children, parents, day care center providers, schools, and others:

1. Prior to traveling the route as a pedestrian or bicyclists, parents should first make sure that the child is familiar with the route;

2. Parents should walk or ride the route themselves to make sure that it is safe and that the parents are familiar with any potential hazards along the way;

3. Parents should take the time to talk to the child about safety while walking or riding a bicycle to school;

4. When possible, routes should be selected based on safety, traffic, and the presence of crossing guards, crosswalks, and traffic signals; and

5. Whenever available, sidewalks should be utilized.

For drivers, it is important for all drivers to slow down in school zones, playground zones, residential areas, and any other place or location where children walk or ride their bicycles, skateboards, and scooters. Drivers should do their best to eliminate or reduce driver distraction and keep their mind and eyes on the task at hand - driving safely on roadways, near schools, and near bus stops.

For more information on this topic, see Parents and Drivers Must Do Their Part to Make Safety a Priority for Children Walking or Riding Bicycles to School.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, children are at risk for personal injuries due to dangerous intersections, crosswalks, and bus stop areas. The State of Massachusetts identified dangerous intersections and spots where serious personal injuries have been reported. Statistics, while useful, will do nothing to protect the next child from being a victim of an accident at or near an intersection, crosswalk, bus stop, or school. Here are some tips that parents and other child care providers can follow or keep in mind:

*Educate your child on safety tips while walking to school and / or riding a bicycle to school;

*Make sure that the child is age appropriate and has good judgment to be able to walk or ride his or her bicycle to school; and

*Select routes to school that are safer than others. Try to use routes that have crossing guards.

For additional safety tips and information on this subject matters, See Dangerous Intersections and Areas for Children in Massachusetts.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Coeur d'Alene, Idaho, a 5 year old boy died when a SUV went into an Idaho lake His one year old brother also suffered serious personal injuries as a result of this Idaho automobile accident. The driver - Sarah Deshazer - was attemping to turn the SUV around when the vehicle went off the road and plunged into the lake's murky waters. Fire Rescue and Firefighters responded to the scene and soon began CPR on the 5 year old boy. The child was later pronounced dead at a local hospital.

Tragically, automobile accidents continue to be a leading cause of death for children and adults alike. Some deaths are unexpected and unavoidable while others may be prevented with safer driving and by obeying local and State traffic ordinances and laws.

Children should be seat belted and placed in a child safety seat consistent the child's age and size. The death of this child was certainly a tremendous loss for the child's family, neighborhood, and community. You can read more about this story at Death of Child Results from SUV Plunge into Idaho Lake.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted drivers are becoming more prominent as we grow into a more technological nation. It is estimated 11% of American motorists talk on their cellphones while driving, and 26% of 16-17-year-old drivers text while driving, even though 36 states ban texting while driving.

In 2009, the National Highway Traffic Safety Administration reported that 5,400 people were killed in car accidents that involved distracted drivers with 995 of those automobile accidents involving a hand-held cellphone. In addition, 448,000 were injured. These numbers continue to increase every year.

Fatalities continue to increase as technology grows. Today, smartphones allow users to download apps where they can check their email, sports center, Facebook, horoscopes, weather, stock prices, and play games. While it is convenient to have these applications, the convenience and technology only add distractions to drivers. Drivers are using these apps while driving when they should be paying attention to the road, traffic, other drivers, pedestrians, and bicyclists.

The “no texting while driving” laws help deter some people from engaging in activities that distract drivers. There are now new issues that make drivers even more distracted. For example, if a customer purchases a new car today, he or she is able to download apps right to the car. A driver may be able to upload photos, YouTube videos, etc. while driving.

Although these operations can be activated with voice recognition, voice recognition can still be just as distracting, says the National Safety Council. The Council also says that hands-free cell phones can be just as distracting as hand-held cell phones. They claim that it is not so much the phone that is distracting, but the conversation in general.

The only way to decrease the numbers of distracted drivers is for law enforcement to buckle down on the use of cell phones while driving. One study concluded that tough law enforcement will decrease the number of drivers who use their cell phones. The NHTSA concluded a year-long study where police officials in Hartford, Connecticut, and Syracuse, New York, aggressively enforced a cellphone ban and closely observed motorists’ cellphone use. Police in both cities issued nearly 10,000 tickets for talking or texting on cellphones while driving. As a result, cellphone use while driving declined 57% in Hartford and 32% in Syracuse. In addition, texting while driving fell 72% in Hartford and 32% in Syracuse.

It is important that drivers realize the importance of distractions while driving. Not only could distracted drivers kill or injure themselves, but they could also kill or injure other people. Law enforcement agents need to be strict in regards to this issue. Perhaps fear of cell phone citation will help alleviate the growing problem.

For more information, see Distracted Drivers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It has been said that good weather may increase a risk of injury to children. The B.C Children’s Hospital and B.C Ambulance Service have recorded a list of summer safety tips for parents and caregivers.

Good weather tends to bring about climbing and curiosity from children. Make sure to watch children around window screens. A window screen can pose a danger to climbing children. Children are susceptible to falling through window screens no matter how sturdy they seem to be. Parents should remove furniture from windows and balcony railings to prevent children from climbing atop and setting themselves at risk for injury. Parents and caretakers should install window guards on windows above ground level, or lock windows so they can only open 10 centimeters. Be aware though: children are fast learners. They may learn to unlock doors and windows at a young age.

Secondly, make sure to watch children around swimming pools and water parks. The good weather draws children to the water and they do not realize the risks of drowning at such a young age. Never leave a child unattended near the water. Be at an arm’s reach to your child when he or she is near the water. Young children and weak swimmers should be in life preservers at all times. Pools and other water parks and water ways should have a tall fence enclosing it to block children from access when you are not around. Toys should be removed from the pool area, for these may tempt children to play in the water without supervision. All children should take swimming lessons so they know how to swim in the water. Parents and caretakers should be trained in CPR and first-aid. They should have emergency equipment near the pool at all times.

Thirdly, parent and caretakers should never leave a child in a car. A child is at risk to heat stroke, and burns from hot seat belt buckles and other metal devices in the car if left in a car during the summer hot temperatures. Cars should be parked under the shade if possible to avoid metal getting too hot for children. Place a car seat cover on top of the car seat if possible as well to avoid it getting too hot. If a child gets locks inside, parents and caretakers should call 911 for immediate assistance.

Finally, good weather brings about bicycle riding. A child should not be riding on or near the road. They do not understand what road signs mean, nor do they have a high attention span to pay attention to moving cars. Children should also always be wearing a helmet, even if only riding a tricycle.

For more information on summer safety tips, see The B.C. Children’s Hospital and B.C. Ambulance Service Summer Safety Tips.