Child Injury Lawyer Blog

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

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

Eli Rodriguez, 32, was dropping off a family member at Doodle Bug Square Day Care, when he lost control of his Buick Century and his the day care building. Five children were taken by an ambulance to a nearby hospital, all with minor injuries.

Diana McPherson, the day care's owner, stated the obvious when she said the situation could have been much worse. The day care and its children and workers are all very fortunate to not have sustained serious or even fatal injuries.

Although the child may be all right; a little bit of fear stills remains in the back of their minds. Caitlin Covington, an 8-year-old who attends the day care said she just does not want to go back, "just in case." McPherson is already taking steps to make her facility more safe. McPherson recently bought concrete barriers to surround the facility.

The accident and its cause is still under investigation. However, investigators are under the belief that the driver's accelerator may have gotten stuck. You can read more about this accident here at Man runs into day car, five child suffer minor injures.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is now against the law in Kentucky to text while driving. If you are caught texting while driving you will only get a warning. However, starting January 1, 2011, you will be fined; $25 for the fist offense and $50 for subsequent offenses. The new law prohibits drivers from sending or reading text messages, instant message and emails. The law also completely prohibits drivers under the age of 18-years-old from using cell phones. Kentucky is 1 of 10 states to ban sending text messages while driving. And roughly 30 states have bans completely prohibiting the use of cell phones for drivers under 18-years of age.

According to Gov. Steve Beshear, there were more than 57,000 automobile accidents on Kentucky roads, and more than 200 fatalities, that were attributed to driver inattention and distraction. Lt. David Jude, Kentucky State Police spokesman, said 45% of automobile accidents in Kentucky are a result of driver inattention and distraction, it is by far the number one cause of collisions in the state.

The problem police still face in enforcing the new law is determining whether the driving was sending or receiving a text message.

The law permits adult drivers over the age of 18 to read, select and enter a phone number and name into a cell phone for the purpose of making a phone call. The law also permits these drivers to use GPS devices on their cell phones (drivers under 18 can use their phone's GPS device). The motorists can text while the vehicle is not in motion, for example, when the vehicle is stopped at a traffic signal. To read more details on the new law see Kentucky passes new law banning texting while driving.

The recklessness that results from texting while driving has been compared to the recklessness that occurs while driving under the influence of alcohol or other narcotics. This law is a step toward reducing the number of accidents on Kentucky roads as well as the number of injuries and fatalities resulting from driver distraction and inattention.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Outside of St. Louis Missouri, a horrible bus accident was reported that involved two school buses, a semi truck, and a SUV. Tragically, two people died as a result of this bus / semi tractor / SUV accident and many others including a number of children were injured as a result of this accident. A full investigation will be conducted by State and Local authorities to determine the cause of the accident and what measures could have been taken to avoid the accident and related personal injuries.

The bus accident took place on Interstate 44. It was reported that thirty six children were transported to a local hospital (SSM Cardinal Glennon Children's Medical Center) for evaluation and treatment. Other accident victims were treated at St. John's Mercy Hospital and St. Louis Children's Hospital. Photographs and video tape of the accident scene show a school bus lifted into the air on back of the semi truck. It is clear from the photographic evidence that the accident was quite severe and traumatic for all drivers and passengers especially the school children. Accidents of this nature deal with the following issues or questions:

What are the duties and responsibilities of the school? bus driver?

What was the posted speed in the area? What were the traffic conditions?

What insurance will apply to the medical bills and injuries resulting from the accident?

Were any drivers cited for the cause of the bus accident?

What follow up medical treatment will be required by the surviving victims?

What damages will be compensable for the surviving victims?

What damages will be compensable for the family member of the unfortunate people who died as a result of the bus / semi truck / SUV accident?

Typically, the roadways are safe for our children and others in large buses and vehicles. Unfortunately, tragic accidents do happen in such a magnitude that deaths and serious injuries occur despite the size of the vehicles occupied by the drivers and passengers.

The accident happened on I-44 in Gray Summit, which is about 40 miles southwest of St. Louis. The Franklin County Sheriff's Office said it was helping the Missouri State Highway Patrol respond to the wreck.

In addition, the National Transportation Safety Board says it is sending a "go team" to investigate.

One of the fatalities was in a GMC vehicle, said Missouri Highway Patrol spokesman Jeff Wilson, and the other was on the first bus. Crews were trying to pull all the vehicles apart so they could identify both fatalities. The tractor-trailer was stopped for traffic in a construction zone, Wilson said.

Renee Ridling, president-elect of the St. James Chamber of Commerce, said the town is a small, rural community about 100 miles west of St. Louis with a population of about 4,000. Ridling is a nursing facility administrator, and some of her staffers had children on the buses.

"Everybody's pretty anxious right now, wanting to know what's going on," she said.

Kelsie Parton, 25, is a volunteer at the St. James Tourist Information Center.

"The news spread really, really fast," Parton said. Once one person knew about the wreck, everybody called one another. There are also a lot of Facebook updates, she said.

She said the only local person who had come in to the center is her grandmother, who works at a pharmacy, and "they're all kind of worried" there.

"I've had a lot of travelers come in and ask if everybody's OK," she said. Some of them heard about the crash on the radio, while others passed it, she said.

She knows one boy who was on one of the buses and has spoken to his mother. He is OK. She said his last Facebook update said he was headed to Six Flags with the band, then the last one only said, "please pray."

CNN affiliate KTVI reported the two school buses involved in the crash were carrying high school band students from the St. James, Missouri, School District who were on their way to a Six Flags amusement park in Eureka.

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

The number one cause of injury-related death in New York City is motor vehicle accidents. According to annual reports released by the State of New York Department of Health, 1,535 children died in New York City, of those 445 deaths were caused by injuries and 106 were killed by motor vehicles. The overwhelming majority of children killed by motor vehicles were walking at the time they were fatally struck, the others were riding bicycles or scooters. Although New York automobile accidents seem to be the cause of injury-related death to New York City children, the state's number of deaths is relatively low when compared to the national average. In fact, New York City has just 1/3 of the transportation-related child fatalities that the nation's average has. The primary reason being that so many New Yorkers rely on public transportation. Therefore, the public transportation system in New York City keeps children safer from automobile accidents than they otherwise would be.

The New York health department also offered ways to keep the state's children safe:
1. Stronger enforcement of traffic violations.
2. Install cameras and allow the cameras to enforce the speeding laws on dangerous speeds.
3. Install convex mirrors on truck to provide better visibility.
4. Better installment of child car seats.

If you would like to read more on this report and see a statistical pie chart of the report's finding see Automobile-related injuries remain the number one cause of death to New York City children.

Automobile accidents can result in serious injury and sometimes death. Drivers should always pay attention to the road, be aware of their surroundings, keep distractions to a minimum (e.g., by avoiding cell phone use while driving) and wear safety belts. Increased driver awareness will keep children safer and, hopefully, prevent more automobile-related child fatalities from occurring.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A church bus crashed and rolled onto Interstate 35 in Franklin County, Missouri, injuring nine children. The victims ranged in age from 8-17, three of which suffered critical injuries. One child was flown to Children's Mercy Hospital in Kansas City, Missouri and the other two were taken by ambulance. Five other children suffered from serious injuries, said authorities.

According to Franklin County Sheriff Jeff Curry, the bus went into the center median, came back onto the road, turned over onto the driver's side and eventually came to a stop blocking the right lane of traffic. Neil Stanley, Kansas Highway Patrol Trooper, said a total of 34 people were on the bus: 29 children, 4 teenage counselors and 1 adult driver. Ann Marie King, 42, the adult bus driver, had the proper license to be operating the church bus.

Stanley said the cause of the crash is unknown. If you would like more details on the accident and the names of the injured children see Church bus rolls over in Missouri.

Hopefully all the injured children in this accident make a full and speedy recovery. Roads, highways and interstates can be very dangerous. Drivers need to stay attentive and avoid distractions while on the road; avoid texting or talking on a cell phone, wear your seat belt, do not speed and always be aware of your surroundings. Obeying traffic rules will decrease the chances of having an accident and make roads a safer place for transporting children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Telegraph.co.uk published an article recently about child booster seats to kick off child safety week in the United Kingdom. The article focused on a survey conducted by Which? magazine. Which? surveyed more than 1,000 parents of children aged between 4 and 12; these children are required by law to use a child car seat.

Here are some results of the poll:

- 17% did not use a car seat at all.
- 30% used backless booster cushions, which meet legal requirements but offer less protection than full sized car seats.
- almost 50% of children aged 4-12 are at risk of serious injury for side-on car collisions.

The chief executive of Which?, Peter Vicary-Smith stated that 30 children under the age of 12 are killed annually while traveling in vehicles; 300 children of the same age are seriously injured. Which?, a consumer magazine, has tested child car seats since 1966. The magazine reported that almost 25% of all car accidents involve a side-on collision. To read more about this topic see Child Booster Seat Survey.

Child booster seats protect children traveling in automobiles. As children get older, they may try to fight sitting in a booster seat. However, if a child is of the age and weight required by law to sit in a car seat, a parent or caretaker should make the child do so. Parents and caretakers have a duty to protect their children from harms way. Although traveling in a booster seat may not be the coolest way for a child to travel, it ensures a higher level of protection and safety to children in automobiles.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A USA Today published an interesting article about the increase of teenage vehicle accidents during the summer months. According to the National Highway Traffic Safety Admission, the period between Memorial Day and Labor Day is the deadliest for drivers ages 15-20. Traffic safety experts state that the increase in youth fatality rates during this time period is due to youths having more free time and less parental supervision, more opportunities to drive at night and relaxed curfews.

Traffic safety experts also declared that road risks are higher during nighttime. Over the course of a year, the hours from 10 p.m. to midnight are during Fridays and Saturdays are the deadliest hours for teens. However, during the summer every night is like a weekend night for young drivers.

The two main factors attributable to teen auto crashes are in experience and immaturity. Basically, during the summer teens just have more free time. Parents need to be sure to engage their children time during the summer vacation and keep them from using destructive behavior on the road. To read more about this topic see Accidents for teen drivers increase during the summer.

Parents should enforce curfews and limit teen driving as much as possible during nighttime. Reducing idle driving time, not using cell phones, and limiting distractions inside the vehicle are just some ways to young drivers can protect themselves and avoid automobile accidents. Parents need to inform their young drivers of the dangers that exist on the highway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 14-year-old Greencastle, Indiana boy may have avoided serious injury after he collided with a vehicle late afternoon on June 7. The Greencastle Police report stated the 14-year-old was riding his bike when he crossed the driver of the vehicle, Glenn K. Hollis’, path. According to the police report, the child came into contact with the front driver side fender of Hollis’ 1999 Pontiac Grand Prix, was thrown from the bicycle, and struck his head on the windshield causing him to fall to the ground. The child was then rushed to the Putman County Hospital in an ambulance where he was treated for a head injury. Greencastle Police Department Chief Thom Sutherlin stated he believed the child was treated for minor injuries and was kept overnight in the hospital for observation reasons. Sutherlin said Hollis was not cited for the accident. You can read more about this accident at 14-year-old on bicycle collides with car, sustains head injury.

Drivers need to be cautious while on the road. Although this driver was not cited for the accident, the message is still clear: Automobiles are dangerous. Children and teenagers on bicycles run a risk of sustaining serious injury if they come into contact with a vehicle. Parents and care takers should inform their children of safety tips and precautions in order to avoid accidents like this one.

By Will Lewis, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina and other States, you can go to prison if you injure a child in an automobile accident. It was reported that a Spartansburg, South Carolina man was sentenced to 10 years in prison for an automobile accident that caused serious personal injuries to a 10 year old child. The man admitted in criminal proceedings that he was drunk at the time of the crash that caused critical injuries.

Donald G. Barklage, age 46, pled guilty to the criminal charges of DUI (driving under the influence) causing bodily injury. The 12 year old child suffered a permanent eye personal injury as a result of this South Carolina automobile accident. You can read more about this story at Man Sentenced to 10 Year Prison Term for Automobile Accident that Caused Child Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Indiana and other States, parents and other drivers continue to hit the roads with children in the vehicle while under the influence of drugs and alcohol. When driving, it is important to be alert and sharp. It is a well know fact that alcohol dulls the senses and has a definite effect on motor skills. Driving under the influence puts many people at risk including the driver, passengers (especially children), other drivers and passengers in vehicles, pedestrians, and bicyclists. If you have been drinking, stay out of the driver's seat and get somebody sober behind the wheel. In Muncie, Indiana, a man was arrested for drunk driving charges. He had picked up the children of his fiance from a day care center and was driving the children home when he crashed into a tree. Police arrived on the scene. The children in the vehicle were young children. One was 5 years old and the other was 2 years old. Both were treated at Ball Memorial Hospital. The 5 year old was taken to Riley Hospital in Indianapolis, Indiana for treatment for internal injuries. See Child Injured in Drunk Driving Incident in Muncie, Indiana.

Driving while under the influence of alcohol and / or drugs is extremely dangerous. Keep the safety of children and others in mind. If you drink - never drive. Otherwise, your driving could land an innocent child into the hospital or worse an early grave. Think smart - Don't Drink and Drive.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States and other countries like Ireland, driveway accidents or back over accidents continue to be a problem and a serious danger to small children and toddlers. A doctor in Ireland is trying to raise awareness of this problem and has offered a solution of sorts through a campaign called "Spot a Tot". One suggestion is to walk around the vehicle and check for any children in the area prior to getting in the car to back up out of the driveway. Drive way or back over accidents happen because a child, due to the child's height and size, is hidden from the view of the driver as the driver is backing up. There have been a number of drive way or back over accidents leading to serious child personal injuries and even death. Take the time to "Spot a Tot". A few extra seconds of safety can save a child from serious injuries and can even safe a life. See Drive Way / Back Over Accidents - Danger to Children - "Spot a Tot" Program.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Billings (Montana) Gazette posted a good article about safety restraints and seat belts. By following these simple tips, parents, teachers, bus drivers, van drivers, and day care providers can improve the safe transportation of children under their care.

The safety tips included the following:

*Encourage and require that children and others always wear a seat belt;

*Check to make sure that the car seat or safety restraint meets the height, weight and age of the child;

*Transport infants in rear facing car seats in the back seat of the vehicle;

*Keep infants, toddlers, and other children out of seats with an air bag; and

*Read warning labels and instructions on all car seats.

Children should be taught at an early age that wearing a seatbelt or being in a child restraint is not optional - it is mandatory - otherwise, there will be no trip or movement of the vehicle. Children like to battle parents and others when they think there is a chance of victory. If the child knows that the adult or caregiver will never make an exception to the seat belt / safety restraint rule, it is more likely that the child will form a good habit of following this safety rule.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington and States, children continue to be the unfortunate victims of drive way and back over accidents. In Newcastle, Washington, a father was backing out of his driveway when he accidentally hit his son with the back end of the vehicle. As the father was backing up, the boy ran over from a corner to where the vehicle was backing up according to local police.

Drivers, to the best of their ability, should be on the look out for children when backing out of driveways or parking lots. Many incidents are unfortunate tragedies while other incidents can be prevented by keeping children away from the moving vehicle and having other adult supervision in place.

You can read more about this story at 5 Year Old Washington Boy Fatally Struck in Driveway.

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

In Atlanta and other busy cities, driver should exercise caution especially when driving through or near crosswalks that children use. WSB Radio reported that a child was hit in a crosswalk by a driver who ran a red light and then kept on driving. Tragically, the driver kept on driving and dragged the 8 year old boy another 100 to 150 feet as the driver fled the scene of the pedestrian / automobile accident. The driver was reported to be Cynthia Parham who was arrested later on various traffic related charges. Ms. Parham will be entitled to defend herself against these traffic / criminal charged through an Atlanta criminal defense attorney or the services or the local public defender's office.

Crosswalks are in place for a purpose. They are in place for adults and children to use with the purpose of safe passage across the roadway. Traffic devices like red lights and stop signs should be obeyed. When drivers ignore traffic signals, traffic devices, and the presence of pedestrians especially children, serious and tragic personal injuries can result. You can read more about this story at 8 Year Old Child Hit and Driver Charged in Atlanta, Georgia.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and Other States, day care centers have been the unfortunate locations of automobile accidents and trucking accidents. Because many day care centers are situated in commercial areas near busy streets and highways, there have been a number of reported automobile accidents in which a vehicle crashes into a day care center facility / building. In Billerica, Utah, it was reported that a mini van crashed into a Kindercare Day Care Center. There were no reported serious personal injuries to children but two infants were transported for medical evaluation at local hospitals following this Utah crash. The police investigating the accident reported that the driver stated that she meant to hit the brake when instead she hit the gas / accelerator.

When driving in or around schools or day care centers, drivers should exercise the utmost caution and be on the lookout for any children. You can read more about this story at Mini Van Crashes into Utah Kindercare Day Care Center.

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

In Omaha, Nebraska, a two vehicle car crash ended with damage into a day care center. Fortunately, no children in the day care center suffered any personal injuries as a result of this crash. The presence of day care centers just off of busy roads is another reason for drivers to exercise the utmost caution and care when driving in Omaha, Nebraska and other areas.

Automobile accidents that result in damage to day care buildings and facilities have been reported in various cities throughout the United States. The only way to prevent such incidents or reduce the number of such incidents is for drivers to obey the rules of the road including speed limits, turn signals, signs, and traffic. You can read more about this Nebraska story including a photograph of the automobile accident scene at Car Crashes into Nebraska Day Care Center.

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

In Georgia and other States, adults and children enjoy riding ATVs (All Terrain Vehicles). ATV riding can be quite dangerous as well. It is important for adults and children riding ATVs to follow safety precautions by wearing helmets, knowing the terrain where the riding is taking place, and by traveling at a safe speed.

In Cleveland, Georgia, it was reported by the Atlanta Journal Constitution Newspaper website that a man died as a result of an ATV accident. It was reported that the man and the ATV went off a 25 foot embankment.

Just because a person is operating an ATV off the road does not make it safe. Of course, it is safer than riding an ATV on or near traffic. However, accidents can still happen on and off dirt roads and other off road areas.

In Kansas and other States, children continue to suffer personal injuries and even death in some instances as a result of drive way / parking lot / back over incidents. These most unfortunate automobile accidents / pedestrian accidents result when a driver fails to observe a child behind the vehicle. In some instances, the child darts behind the vehicle as the vehicle is moving. In many incidents, the injuries can be avoided with better supervision of the child and more careful driving. Before a driver attempts to back out of a parking lot or drive way, the driver should first check around his or her vehicle before getting into the vehicle. Thereafter, the driver should check again and then only back up very slowly. While not all accidents of this nature can be avoided, most can. Taking a few more seconds for the safety of children can make a big difference.

In Wichita, Kansas, it was reported that a 4 year old boy was the victim of a back over accident at an apartment complex. The incident took place at the Pelican Point Apartments in the evening hours. At the time of the incident, several children were in the area playing in the parking lot. The accident took place as a child was going after a ball. Emergency paramedics later arrived on the scene and too the boy to Via Christi Medical Center (Hospital) for evaluation. It was reported that the child was in critical condition upon arrival. Subsequently, the boy's condition was upgraded. You can read more about this story at Back Over Accident in Parking Lot at Wichita, Kansas Apartment Complex.

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

In San Antonio, Texas, a teen mother has been arrested regarding an automobile accident that led to injuries to a toddler. Police reported that the mother did not properly buckle her infant son in a car seat. Unfortunately, there was an automobile accident in which the child bumped his head on the dashboard and was knocked unconscious. According to a story posted by News 4 WOAI, the 8 month old child was sitting on the front passenger floor board at the time of the crash even though the car was equipped with a rear facing safety seat.

Parents, caregivers, and day care providers who transport children should always place the child in a child safety seat and / or seat belt. Whether the trip involves just a few blocks, a few miles, or a longer distance, there should be no exception to the rule, law, and / or habit of properly securing a child in a vehicle. You can read more about this story at
>Teen Mom Charged with Injury to Child.