Child Injury Lawyer Blog

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

A Clayton County, Georgia mother was arrested for leaving her four month old twins in a hot car while she was inside a Wal Mart. Janesia Williams left her twin babies in her car at about 10:00 p.m. while she went into the store on June 20, 2009. Another customer heard the babies crying through a cracked window in the car and called the police. Firefighters rescued the babies from the car and paramedics were tending to the babies when their mother strolled out the store to discover the situation.

The mother told the police that she was only in the store for five minutes. A witness who was parked next to the care, however, told the police that the babies were left in the car for at least 30 minutes. Temperatures during the day on June 20 were above 90 degrees.

The mother was arrested and the babies were taken to the hospital. The babies were later released to the care of their father. The mother was granted bond two days later by a Clayton County magistrate court judge. She has been charged with child cruelty.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There are a number of web sites and tools that can be used to calculate the distance between cities in the United States. Finding out the general distance between cities is helpful in planning trips, finding a doctor, finding an attorney / lawyer, and for many other tasks. I found that the web site Geo Bytes has an easy to use format / tool that makes it easy to find the distance between two cities. Wherever you travel when you drive, make sure to buckle up, obey the speed limits, and be alert. Text messaging and e mails can be used by passengers but not the driver. Get to your destination safely and then text message and e mail your friends and family.

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

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.

By Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Kepa Kahakauwila recently died from automobile accident injures. Kahakauwila was driving a truck that hit a guard rail and then landed in a gulch off of Hana Highway in Haiku, Hawaii according to police. Kahakauwila was taken to a nearby hospital but later died from the injuries. One passenger was treated at a hospital and then later released. The other passenger was flown by to Oahu, Hawaii for evaluation and treatment for the automobile accident related injuries.

It is sad that a young person's life ended so abruptly and that others were seriously injured as well. Newspaper articles did not detail the cause of the accident or results or reports from any police investigations. You can read more about this story at Maui Teen Dies from Automobile Accident Related Personal Injuries.

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

In New York, a bizarre accident occurred involving three vehicles. A man was driving his car on a relatively narrow one way street. Another vehicle was backing out of a driveway on the right side of the road, when the operator of the car on the street noticed him. The driver swerved to the left to avoid being struck by the car backing out of the driveway. At the same time, on the left side of the street and man had just completed buckling his small child into the back seat of an SUV. His wife was seated in the front passenger seat. Unfortunately, one of the mans legs was outside of the SUV when the operator of the moving vehicle swerved to avoid the car backing out of the driveway. When the car swerved to the left, it struck the passenger side of the SUV, traumatically amputating the leg of the father, causing injury to the mother, but thankfully, the baby was unharmed.

You can read more about this accident at New York Accident Causes Man to Lose His Leg.

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

In Illinois and other States, day care centers have the duty to properly supervise and protect children while in the facility, while outside the facility, and while transporting the children to and from home, activities, and field trips. Pursuant to Illinois Administrative Code, Title 89 - Social Services - Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 - Section 407.280, the day care center has the following responsibilities as to transportation:

*Driver must have a valid driver's license and be 21 years of age or older;

*Driver must have a medical examination by a physician showing fitness to drive;

*Driver must have a good driving record with no more than two moving traffic offenses within a twelve month period of time;

*Driver has a duty to see that each child enters and exits the vehicle from the curb side of the street and / or is safety conducted across the street.

*Driver should make sure that a responsible person as designated by the child's parents or guardians take charge of the child when the child arrives or is delivered at his or her destination.

*Driver has a duty to maintain order on the day care transportation vehicle for the safety of the children.

*Driver shall inspect the vehicle after each trip to make sure that no child is left behind.

There are many other safety requirements set forth in the Illinois Administrative Code for day care centers and transportation. It is important for day care centers to follow these regulations and others to insure the safety of children while being transported. Unfortunately, many drivers are careless in their driving and / or supervision of children while being transported. These careless and negligent actions often times lead to child personal injuries that could have otherwise been avoided.

If an Illinois child is injured while being transported by a day care center, there are many issues that arise:

*How did the accident take place?
*Was the accident avoidable?
*What insurance applied?
*How are my child's medical bills going to be paid for or covered?
*What is the legal liability or responsibility of the day care center?
*What is the legal liability or responsibility of other drivers?

For transportation related injuries or automobile accident related injuries, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the accident / incident report, police report (if any), fire rescue records, medical records, medical bills, photographs, and other documentation / information regarding the incident / accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Dakota and other states, drivers get behind the steering wheel of cars and drive when they are under the influence of drugs and alcohol. Some are so inebriated or drugged out that they lack the necessary judgment and motor skills to safely operate a motor vehicle. In Bismarck, North Dakota, a driver (Nicoholas Krush) was arrested for DUI (Driving Under the Influence) when his pick up truck crashed into St. Alexius Hospital in Bismarck. At the time of the crash, the driver was not only impaired but he was also undressed. Yes, he was naked at the time of the crash. News reports state that the driver may have overdosed on prescription medications. Fortunately and quite miraculously, no one was injured in this accident.

Mr. Krush will need a good criminal defense attorney /lawyer to represent him on this matter.

You can read more about this story at Naked Driver Arrested for Crash into Hospital in Bismarck, North Dakota.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Drinking and driving or driving under the influence is a danger in every city and town throughout the United States. Alaska is no exception to the dangers. in Fairbanks, Alaska, a mom used a different approach to dealing with the dangers of driving under the influence. This mother used her 7 year old son to drive her car. According to Alaska State Troopers, the mother was passed out next to her son. Karen Koch was charged with reckless endangerment and permitting an unauthorized person to drive a motor vehicle. You can read more about this story at Alaska Mother Uses Her 7 Year Old Son to Drive Her Car - Mother Passed Out Drunk in Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, caregivers, guardians, teachers, day care workers, and others have a duty to make sure that child are properly restrained when riding in motor vehicles including cars, trucks, buses and vans. In most States, children and toddlers must be restrained in an approved baby seat / child seat. In Omaha, Nebraska, an automobile accident recently took place that could have easily ended the life of an infant. Mima Inchin was holding an infant's car seat at the time of the automobile accident. The seat was not properly secured. As a result thereof, the child was ejected 25 feet after impact. Police later charged Ms. Inchin with child neglect and abuse. Even though the child did not suffer any serious personal injuries, police officials and the district attorney have charged Mima Inchin with this crime. This story shows the importance of properly securing a baby seat / child seat before getting on the road. This child could have easily suffered serious personal injuries, brain damage, and even death. The child, Angel Flores, is extremely lucky. Hopefully, Angel will be safeguarded against injury in the future by making sure that her baby seat / child seat is secure. You can read more about this story at Nebraska Woman Charged in Crash that Resulted in Ejected Infant.

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

In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsibility for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a "dangerous instrument" that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.

Tragically, over 4,500 teens ranging from the age of 16 to 19 died in automobile accidents in 2005. Many of these automobile accidents resulted from driver inexperience, poor judgment, driver distraction, and speeding.

You can read more about the dangers and problems of teen drivers in Alabama along with measures to decrease accident related injuries and deaths at Alabama Teen Drivers May Be Heading for Trouble.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Deaths and injuries over a four year time period (2002 - 2006) across Iowa were studied by the Iowa Department of Public Health and the University of Iowa. This study revealed that over 1500 deaths in Iowa are caused by injuries. The Burden of Injury in Iowa report gathered information regarding deaths and hospitalizations. Motor vehicle accidents / automobile accidents were the leading cause of unintentional deaths for all injury related mortalities. Teens and young adults ranging from the age of 15 to 24 represented the groups with the highest rates of hospitalizations / emergency room visits among all age groups. Unintentional or accidental injuries represent the leading cause of death for Iowans in the age range from 1 to 34 years old. You can read more about these statistics and others at Injuries a Leading Cause of Death in Iowa According to Study.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisville, Kentucky, a Jeep ran into a school bus at an intersection. The Jefferson County school district reported that 15 people suffered personal injuries, 13 of the 15 injured were students from the Brandies Elementary School and Foster Academy.

Drivers should exercise caution when driving near any school buses. Children are at risk for injury in school bus crashes even if the the school bus is hit by a much smaller vehicle.

You can read about this story at 13 Hurt in Kentucky School Bus Crash.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

City officials in Reno, Nevada are recommending changes to the zoning laws to treat digital billboards as standard billboards. These zoning changes would in effect allow more digital billboards to be placed in Reno. Opponents to the zoning changes believe the billboards are a safety hazard. In addition, critics believe that these billboards affect the aesthetics of the City. The Association of State Highway and Transportation Officials concluded that the digital billboards present a road hazard.

I have seen digital billboards in Las Vegas and other sides. The color and graphics are great; however, I view these digital billboards as big distractions on the roadway. It is hard to impossible to ignore these digital billboards. Driver distraction is a major cause of accidents and related personal injuries.

You can read more about this story at Reno, Nevada Officials Recommend Zoning Changes as to Digital Billboards.

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

In Mississippi and other states, school buses travel streets, highways, and roadways in groups. In other words, school buses follow each other while heading out to field trips, school drop offs, and school pick ups. Since school buses often times travel the same routes in line, bus accidents often times involve more than one bus. In Ridgeland, Mississippi, two school buses operated by First Student, a bus company in many states, crashed into each other. The accident took place on U.S. 51 near the Trace Station Shopping Center. It was reported that Bus 27 rear ended Bus 52 which, in turn, crashed into a pick up truck. The children were from Highland Elementary School. Since some of the students complained of not feeling well or not feeling right, these students were transported to a local hospital.

Many bus accidents in Mississippi can be avoided with safer driving and due caution. Many accidents occur from driver inattention, driver distraction, and negligence. You can read more about this story at School Buses Crash in Ridgeland, Mississippi.

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

The family, school, and community of Morgan Johnson are in mourning over her untimely and tragic death. She was only 6 years old at the time of the Georgia automobile accident. Her family affectionately called her "The Princess". She was a kind and caring little girl who was loved by many. It has been an especially difficult time for her family, her church (Faith Church International in East Point), and her school (Southwest Atlanta Christian Academy). The death of a child of such a young age is not natural and certainly unexpected. Hopefully, the family will continue to have the support of friends, community, and church to help them get through these very sad times. You can read more about Morgan Johnson and her funeral service at Funeral Held for 6 Year Old Georgia Crash Victim (Morgan Johnson).

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

A tragic accident took place recently in Hinds County Mississippi. Two teenage brothers from Jackson, Mississippi were traveling South on I 55 in a Ford Taurus. Wet road conditions may have led to Preston Garrett, age 18, losing control of the vehicle. Brandon Woodard, age 15, was a passenger in the vehicle. The Ford Taurus crossed over the median and was hit by another vehicle heading North on I-55 according to the Hinds County Coroner's Office. Both Brandon and Garrett died in the accident. Neither was wearing a seat belt but it is unclear from the facts reported whether a seatbelt would have made a difference as to the severity of the automobile accident related personal injuries.

It is certainly tragic for a family to lose one child as a result of an automobile accident. The family of Garrett and Brandon lost two children in one automobile accident. May the community and friends of this family provide them support and comfort in this trying time of loss and grief.

You can read more about this story at Two Teenagers Die in Automobile Accident in Mississippi.

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

Prompted by the recent death of a four-month old Milwaukee, Wisconsin infant who was left in a child-care transport van, the State Senate and State Assembly have passed a bill which will require child-care van owners to install alarm systems in transport vehicles, necessitating van drivers to physically go through the van interior, to the back door, to disarm the alarm. See Child-Van Alarms to be Required for Safety Purposes.

It is hoped that this legislation will insure that van drivers check all seats for any remaining passengers, in order that young children or infants are not left in vans. This type of legislation was passed in other states, such as Tennessee, in 2004, where no further deaths have occurred from children being left in child-care vans. According to KidsandCars.org, a national organization working to promote automobile child safety, at least 27 children nationwide have died since 1994 as a result of being left in child-care vans. In Wisconsin, three children have died in the Milwaukee area since 2005 and seven children have died in similar situations since 1991. Although Wisconsin has laws providing for the issuance of felony charges against child-care van drivers who leave a child in a vehicle, resulting in a child's death, it would appear that this deterrent is not sufficient. The State of Wisconsin, Department of Children and Families, also requires day cares to have procedures to make sure that children are not left behind in transport vans, however, the requirement for procedures does not spell out what exactly should be done. See Wisconsin Government Website.

It is unfortunate to think that legislation is required to insure that child-care transport van drivers and day care operators carry out the simple process of making sure that children are not left in transport vans. Parents leave the safety of their children in the hands of such people every day, and the act of leaving children behind in transport vans is not excusable. Parents need to be active in speaking with day care providers and van transport drivers to make sure that they are following procedures to prevent such tragedies from happening in the future.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Iowa and Other States, pedestrian injuries and deaths are unfortunate statistics and incidents. Some incidents result from driver inattention or distraction. Other incidents result from pedestrian inattention, negligence or distraction. In many accidents, fault can be attributed to both the driver and pedestrian.

In Mason City, Iowa, a child was struck and killed when he was hit by a vehicle driven by a teenage driver. Iowa State Patrol reported that a group of "kids" were crossing Iowa Highway 122 near South Georgia Avenue and South Jersey Avenue at the time of the incident. The driver was identified as Kyle Leedon, age 18, of Sheffield, Iowa. The victim was taken to Mercy Hospital located in Mason City, Iowan where the victim was pronounced dead. News reports did not release the name of the vicim or the family of the victim.

Iowa State Patrol will conduct a full investigation into the traffic death of the child to determine if charges will be filed or not against the teen driver. No matter the result of the investigation - it is certainly a tragedy when a young life abruptly ends from a traffic related incident.

You can read more about this story at Child Killed While Crossing Road in Mason City, Iowa.

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

In Alabama, Florida, and other States, charter buses fill the roads. There have been several charter bus accidents and incidents in the news over the past few months. This has led safety experts and government officials to question the standards for bus manufacturing, maintenance and operation. In Montgomery, Alabama, a charter bus filled with children recently caught on fire. It appears that the fire started in the brake system and then spread to other parts of the bus. Fortunately, the passengers (adults and children) were safely evacuated from the bus. One of the adult passengers did need oxygen from smoke inhalation. Fortunately, serious personal injuries and death were avoided.

You can read more about this incident at Charter Bus with Children Catches Fire on Highway 231 in Alabama.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic pedestrian / school bus accident took place in Warwick (Providence) Rhode Island recently. A 15 year old student was hit and killed by a school bus carrying students from Providence High School. News reports indicate that the student was wearing headphone at the time of the accident. She was hit while she was crossing the street. While the student may have been distracted, it is unknown from the information reported in the news who was at fault for the accident. Of course, it is not against the law for a pedestrian to wear headphones. There have been other accidents in which pedestrians have been distracted while wearing headphones. This goes the same for drivers as well.

A homicide traffic death investigation will be conducted as to the cause of this accident.

You can read more about this story at 15 Year Old Student Hit by Rhode Island School Bus.

By Stephanie F. Brown, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Savannah Georgia is a wonderful tourist destination. Unfortunately, at times, Savannah is also the site of automobile accidents involving pedestrians, personal injuries and wrongful death. Recently, a business development manager from Sweden was killed and a woman from Sweden was injured when a pick up truck hit them during a night walking tour in downtown historic Savannah. Nils Eric Svensson, age 61, of Skanor, Sweden and Anne Christine Bjarkby were visiting Savannah, Georgia as part of a Swedish delegation. Ms. Bjarkby suffered a fractured hip. You can read more about this story at Swedish Delegation Members Injured in Savannah Georgia When Hit by a Pick Up Truck.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Colorado lawmakers are considering changes to the State law regarding seat belts. In particular, Colorado law may be changed to include the failure to wear a seat belt as a primary offense. In other words, a driver could be pulled over by a police officer and issued a citation for failing to wear a seat belt. Current Colorado laws require that a driver commit another traffic offense before being cited for the failure to wear a seat belt.

Seat belts save lives and should become the habit of all drivers and passengers with or without tough seat belt laws for Colorado or for other States. You can read more about this issue at Lawmakers Make Another Try to Strengthen Colorado Seat Belt Laws.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Text messaging is in full force in Pennsylvania and throughout the United States. Unless you have been locked in your house and have not been around any teenagers or adults for that matter, you should know about text messages. It is a tool. It is a game / toy. It can also be dangerous. Like anything else in life, moderation is important unless, of course, you are attempting to break some kind of record and want notoriety. The maxim should still apply "as long as nobody gets hurt". Anyway, in Pennsylvania, two mean (Nick Andes, age 30, and Doug Klinger, age 30) spent the hours upon hours upon hours text messaging each other to try to break some kind of record. To Nick's dismay, he received a bill of $26,000 for his excessive text messaging acts. Nick did have unlimited texting under his plan so the bill is being investigated and should be resolved in Nick's favor. To me, Unlimited means Unlimited so Nick's carrier should not be charging him any more than the fixed charges.

The text messaging adventures of Nick and Doug are silly and, to some, a waste of time. Text messaging can be a helpful tool. It has also lead to serious personal injuries and wrongful death when the person text messaging is distracted. Driving, walking, biking, and other activities should take precedence over texting. People, especially children and teenagers, have literally walked into traffic and have been killed because they were busy text messaging, talking on the mobile phone, reading a text, or reading an e mail. Be safe. Be aware. As parents and caregivers, we should remind our children and others of the dangers of text messaging and distractions. You can read more about the text messaging adventures of Doug and Nick at Pennsylvania Men Attempting Text Messaging Record Get Big Bill.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Medical technology and advances are bringing forth more mobility to children and adults alike. An amazing video shows a 5 year old walking with artificial / prosthetic legs. Some children are born with birth defects while others suffer serious personal injuries as a result of automobile accidents, pedestrian accidents, bicycle accidents, day care injuries, and other types of incidents. Whatever the cause, medical advances cannot simply erase the injuries but can give a child mobility or a better life in order to help cope with the injuries. Watch this inspiring video to see how this 5 year old has been helped with artificial legs. See 5 Year Old Walks with Artificial Legs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Redding, California, a woman thought it would be a good idea to text message and drive at the time time. In fact, the woman was electronically paying her bills online while driving. Due to her inattention and the distraction as a result of texting while driving, Deborah Matis-Engle crashed into a line of stopped vehicles. As a result of the automobile accident, one woman died and was the unfortunate wrongful death victim of this avoidable crash. The victim, Petra Winn, was 46 years old and died as a result of personal injuries suffered when her vehicle bursted into flames after impact.

Debroah Matis-Engle was criminally prosecuted for her crimes and was recently sentenced to 6 years in prison for the wrongful death of Petra Winn.

In California and other States, drivers should pay close attention to the road, other vehicles, pedestrians, bicyclists, trucks, and trains. Paying bills online while driving is certainly negligent and evinces the kind of conduct that is reckless. You can read more about this story at California Driver Gets 6 Years for Texting, Causing Fatal Crash.

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

In Queens, New York a bizarre incident occurred. A man called 911 to report that he thought that he struck a pedestrian. For some unknown reason, though, he did not stop. The pedestrian, was then hit by a second car. Instead of stopping at the scene, not realizing that he had hit the pedestrian, the second car continued on his trip, for 17 miles into Brooklyn! He was stopped by a pedestrian in Brooklyn who told him that there was something being dragged under his SUV. It turned out to be the pedestrian, who he had hit a county away. He was dead and unfortunately, partially dismembered.

You can read more about this tragic and deadly accident at Body Dragged for 17 Miles in Queens New York.

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

In Long Island New York and other areas, all too often we hear of school bus accidents and fear the worst—a child being injured or killed due to the negligence of school bus drivers and other drivers on the road. It’s horrible when a negligent vehicle causes an accident involving a bus. Its even more frightening when the accident is caused by the school bus driver him/herself. On a small road in Eastport Long Island, one student suffered a hand injury and three others were taken to the hospital as a precaution when a mini-school bus skidded off of the road, hitting a pole and trees. It is odd that the vehicle skidded as there was no snow or ice on the ground at the time. While we cannot control the operation of the school buses by the drivers, it is very important to obey all New York traffic laws and take extra caution when approaching school buses that carry our most precious children! You can read more about this story at Long Island New York School Bus Accident Causes Personal Injuries to Children.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Masuk of Monroe, CT school bus, carrying its high caliber football team was struck by a pick-up truck that failed to yield the right of way. The collision caused serious injuries to the pick-up’s driver, but the players had no immediate complaints of injuries during on-scene evaluations. It remains to be seen as to whether the players, students at Masuk High School in Monroe, CT will feel the effects of that bus versus truck accident in the days to come, as is often the case in motor vehicle accidents. Many times, hours, days, and even weeks after an accident, the first real signs of injuries can rear their ugly heads. That is why it is critically important to have any child who was in an auto or school bus accident fully evaluated by a doctor or hospital personnel, and to pay attention to their complaints in the days and weeks after. This is true even if the accident seems to have minor damage to the vehicles involved. Cars are designed to absorb these impacts, while the human body is not.

There has been much discussion over the last several years about the lack of seat-belts on school buses. Query whether the costs of re-fitting our buses is outweighed by the added safety to our children riding them. The driver, of course, is always required to wear a seat-belt. Why then, are children left unrestrained?

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

When a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.

When a proposed gross settlement is less than $15,000.00 after attorney’s fees and expenses of litigation are deducted, the natural guardian does not need to be appointed as legal conservator but does need to obtain Probate Court approval of the settlement.

In cases where the proposed gross settlement amount is more than $15,000.00, after attorney’s fees and expenses of litigation are deducted, the natural guardian must file a petition with the Probate Court to be appointed as legal conservator and must obtain approval of the settlement from the appropriate court. Determining the appropriate court for obtaining approval depends upon whether the claim is in suit or is being settled prior to filing a lawsuit. If there is no suit pending, the legal conservator must obtain Probate Court approval of the settlement. If there is a lawsuit pending, the legal conservator must obtain the approval of the trial court where the lawsuit was filed.

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

Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.

The Georgia Supreme Court has held that children age six and under are not capable of contributory negligence. With regard to children between the ages of seven and fourteen, however, the question of whether the child was contributorily negligent is for the jury to decide. The child’s ability to be contributorily negligent when he is between the ages of seven and fourteen will depend on the particular child’s mental and physical capacity. Children over the age of fourteen, however, are presumed to be capable of realizing danger and of exercising the necessary caution to avoid danger. Children over fourteen, therefore, must exercise the same degree of care as an adult.

A Georgia personal injury attorney specializing in injuries to children can advise you about how your child’s conduct might bar or reduce any recovery received for his injuries.

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

Elizabeth Durante of West Islip New York was a young and caring college student. Recently she and other fellow students were driving from New York to Massachusetts, on their way to a humanitarian project in Uganda. A 24 year old Connecticut resident was driving under the influence when he operated his vehicle in the wrong direction on busy interstate 395. It was late at night and the drunken driver had no headlights on. His vehicle smashed head on into the vehicle in which Elizabeth Durante was a passenger, killing her.

As so often happens, Daniel Musser, the operator of the other vehicle escaped the accident with no major injuries. He was arrested, however and charged with Manslaughter, a felony, violating the Vehicle and Traffic Law by operating on a highway in the wrong direction and driving under the influence.

Durante was majoring in psychology and pre-med and yet another superb life was taken by senseless acts of stupidity. Parents should stress to their children the importance of driving sober all the time.

You can read more about this tragic death at Drunk Driver Causes Death of Elizabeth Durante of New York.

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

In 2007, 35 Bluffton University baseball team players and their coaches were traveling on a bus to play in a game when their bus went off of an overpass in Atlanta, Georgia. Seven people were killed and 28 were injured. The bus went off of the overpass on an exit ramp where the Georgia Department of Transportation failed to install an important road sign at an HOV exit. The National Transportation Safety Board harshly criticized the Georgia DOT’s signs and found that the bus mistakenly turned into the exit lane.

Although a case of clear liability, Georgia law provides immunity to the State for civil actions except under those instances covered by the Georgia Tort Claims Act. The Georgia Tort Claims Act waives the state's sovereign immunity for certain torts committed by its officers and employees acting within the scope of their employment. By waiving sovereign immunity for certain acts, the Tort Claims Act makes the state liable in the same manner as a private individual or entity. This liability comes with a restriction, however.

Liability under the Georgia Tort Claims Act is limited to $1,000,000 per person and $3,000,000 per occurrence. In a case such as this accident, the maximum amount of recovery for all 35 killed and injured people is $3,000,000.

To read more about this settlement you can go to the Atlanta Journal Constitution Website at Bus Crash Victims in Georgia Will Have a Limited Right to Recovery for Damages Suffered in Bus Crash.

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

In George County, Mississippi, a car accident injured two children, a 15-year-old and an 11-year-old. The wreck happened on Highway 198 which is near Mississippi Highway 63. Apparently, John Hood died in the accident while driving a Dodge Truck when he crossed the center line of the highway. The children were flown by helicopter to USA Medical Center in Mobile, Alabama. Hopefully, the children will recover from the automobile accident related personal injuries. Apparently, the impact from the automobile accident was quite severe in that it caused the driver to die and resulted in injuries that required the services of a medical helicopter. You can read more about this story at Children Injured in George County, Mississippi Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A government study reported that approximately 100 children died and 2000 were injured as a result of vehicle backover accidents in 2007. The study was released by the National Highway Traffic Safety Administration. The study was in response to a 2008 law that required the tracking of backover incidents, power window strangulations, and heat exposure injuries / deaths.

You can read more about this story and these statistics at Deaths and Injuries Resulting from Vehicle Backover Incidents.

It is important to gather data and statistics in order to determine the seriousness and frequency of these dangers to children. All drivers and parents should be aware of these statistics and safety measures to take to prevent one more child from being part of these troubling statistics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

What is a vehicle blind zone? What is a vehicle backover accident? Children in all States are at risk for injury or death from vehicle backover accidents. A vehicle blind zone is the area behind a vehicle that a person (the driver) cannot see from the driver's seat. The higher and larger the vehicle - the larger the blind zone.
A vehicle backover accident refers incidents where a person is run over by a vehicle in reverse.

Consumer Reports produced some informative videos on its web site at Blind Zones and Backover Accidents to illustrate the dangers of blind zones and vehicle backover accidents. Another organization (www.kidsandcars.org) has done a good job of educating and warning parents and others about the dangers of blind zones and backover accidents.

All drivers should make sure to survey the area behind their vehicles before getting in the car and before backing up. Children should be instructed and kept a safe distance from the vehicle. Drivers should back up slowly as well.

Drivers should take these basic safety precautions which can save a child's life and help avoid serious personal injuries to children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Evan Reynolds, who is now 19 years old, suffered a devastating injury in 2006. With his car window down, Evan was a passenger in an automobile that scraped a wooden post when exiting a parking lot. Evan's hand was amputated immediately. While Evan's dreams of joining the army in England went unfulfilled - he now has a bionic i-Lumb in place which a fully functional prosthetic arm which he can control by thinking and utilize of arm muscles remaining following the automobile accident and subsequent medical procedures / surgeries. You can read more about this story and see a photograph of Evan and his bionic arm at Teenager Who Lost Arm in Car Accident Learns to Use Bionic Arm.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted and negligent drivers cause accidents every day in various States. Many safety groups, parents, and child safety advocates would like to see laws banning the use of cell phone / mobile phones while driving. These proponents of changes in the law of many States believe that the banning of cell phone / mobile phones will lead to a decrease in distracted drivers as well as automobile accidents and trucking accidents with related personal injuries and wrongful deaths.

You can read more about this story at National Safety Group Looking to Ban Use of Cell Phones for Drivers.

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

In Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

The Georgia General Assembly passed a law designed to increase driving safety by teenaged drivers. All parents of Georgia teenage drivers need to be aware of “Joshua’s law,” which took effect on January 1, 2007. Joshua's law came about after a tragic accident that resulted in the personal injuries and wrongful death of Joshua Brown. Joshua’s parents, Alan and LuGina Brown, realized that the accident could have possibly been avoided if the boy had had proper training and known what to do in such a situation. Under Joshua’s law in the State of Georgia, all sixteen year olds applying for a driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving with a parent or guardian’s sworn verification that these driving requirements have been met. If a sixteen year old has not completed the approved driver education course, then he must wait until the age of seventeen to obtain a driver’s license. Even then, the seventeen year old driver must complete the 40 hours of supervised driving. Six of these 40 hours must be supervised night driving. For more information about these driving requirements, you can go to the Official Georgia Website at Educational Requirements for Teenage Drivers in Georgia.

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

Highway 49 in Mississippi continues to be a dangerous highway for many Mississippi drivers, passengers, pedestrians, and bicylists. There are many automobile accidents and trucking accidents on this Mississippi highway. Many of these accidents cause serious personal injuries and deaths. Robert McGill was driving a truck when he ran off the road and crashed. He died at the accident site on at Church Street according to the Mississippi Highway Patrol. The passenger, Angelica Porter, of Hattiesburg, Mississippi, was also injured when she was ejected from the truck.

We must be extra careful on this stretch of highway for ourselves and our children. You can read more about the above crash at Trucking Accident on Mississippi Highway 49 Causes One Death (Robert McGill) and Serious Injuries to Passenger.

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

Trial has been set for Larry Setzer of Horn Lake, Mississippi who has been charged with two counts of causing a death while driving a car under the influence (DUI) and causing an personal injuries and death. Car accidents by DUI can affect all of us, including our children. At the time of the car wreck Setzer was not drinking but was on a drug called Xanax. Anything that can impair motor skills and alertness including but not limited to illegal drugs, prescription drugs, alcohol, and sleep deprivation put innocent adults and children at risk on Mississippi highways and roads.

The two victims were Jacob Lannom (age 12) and Zachary Lannon (age 15). The boys' mother and a passenger were also hurt. Criminal defense attorneys are attempting to keep evidence of Xanax in Larry Setzer's blood out as evidence for the trial.

For a family to lose two children in one accident is truly tragic. This case and others shows the dangers of drug and alcohol when driving.

You can read more about this story at Lake Horn, Mississippi Man Arrested for DUI Causing Death.

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

Parents and caregivers of children who receive compensation or monetary settlements for personal injury cases should pay attention to the issue of qualification for benefits. Typically, a special needs child receives federal and state benefits based on disability as well as income requirements. If a child receives the proceeds from a personal injury settlement, these funds in a standard bank account could disqualify the child from some of the government benefits in place prior to the injury. Government benefits of this nature include Medicaid and Social Security Income benefits.

Is there a solution? Yes, creating a “Special Needs Trust” will preserve your child’s eligibility for government benefits and offer flexibility that structured settlements cannot offer. A “Special Needs Trust” will not disqualify your child from receiving need-based government benefits such as Medicaid. This type of trust is recognized by federal law and in order to qualify under federal law, must comply with certain strict requirements. If your child has received some kind of personal injury settlement and relies on Medicaid or Social Security Disability for benefits, it may be advisable to set up a Special Needs Trust in order to keep these benefits intact.

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

While doing charitable work, delivering meals to the elderly in New York, 61 year old Ronald Marcink struck the rear of a school bus and died. Fortunately, the school bus had no students at the time and the bus driver was not injured. So it was a strange twist of fate that while helping the elderly, Mr. Marcink lost his own life, and yet by luck, his accident, which could have been catastrophic, injured no one else.

It is amazing how many accidents involve yellow school buses. While there are thousands of school buses on our roads in New York and other States, it is still amazing how many drivers are not paying attention and crash into the yellow school buses. Anytime you are on the road - be careful and on the lookout for pedestrians, bicyclists, other motorists, and, yes, yellow school buses. You can read more about the unfortunate death of Ronald Marcink at Crash into School Bus Leads to Death of New York Man.

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

Cobb County, Georgia police arrested a stepmother who provided alcohol to four teenagers at her home. One of the teenagers was killed later that night in an automobile accident when the car he was driving crossed the center line and collided with another car. Garrett Reed, a junior at Harrison High School, was killed in the accident in which Cobb County police believe alcohol and speed were contributing causes.

While the stepmother has been criminally charged with reckless conduct and furnishing alcohol to a minor, she cannot be held civilly liable under Georgia’s Dram Shop law for the minor’s death. See an earlier blog article posted on January 27, 2009 for more information about Georgia’s Dram Shop law. To read more about this Stepmother's arrest, read the article at the Atlanta Journal Constitution - Stepmother Arrested For Providing Alcohol to Teenagers.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Montgomery County, Maryland high school student (Thiago Andrade, age 17) died in an accident involving a 2003 Toyota Camry that split in half. The car was driven by Johvanny Garmendez, age 17, of Silver Spring, Maryland. The vehicle struck a tree after Johvanny drove off of Veirs Mill Road. The vehicle then went down a grassy hill, hit a tree, and then broke into two sections. Both teenagers were wearing seatbelts.

Montgomery County police and possibly other police agencies will investigate the cause of the accident including evaluating speed, brakes of the vehicle, black box of the vehicle if available, toxicology results, and other factors. Regardless of the cause, the accident is a tragedy for the teenagers, their families, and the community.

You can read more about this tragic accident and see the damage to the vehicle that was halved at One Student Killed and Another Injured in Accident that Split Car in Half

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A trip to the Grand Canyon resulted in the death of 7 Chinese tourists who were passengers on a tour bus. While traveling on a highway near the Hoover Dam, the tour bus crashed which resulted in the death of 7 Chinese tourists and injuries to 10 or more other passengers. Authorities will investigate the crash to determine what caused the accident and if any actions could have avoided the crash. The National Transportation Safety Board will search and inspect the tour bus for clues, information, and details. The tour group from China had flown from Shanghai. During the visit to the United States, the Chinese tourists visited San Francisco and Las Vegas. The tour bus was heading to the Grand Canyon.

In the United States, a person, who is the victim of an accident due to the fault of another person or company, is entitled to compensation for injuries caused by the accident. If the person dies, the family is typically entitled to bring an action due to the death of a family member. Most States do not distinguish tourists from citizens as to legal rights for injuries or death caused by the negligence of another person or business.

You can read more about this incident at Bus Crashes in Arizona Killing 7 Chinese Tourists and Injuring Others.

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

Although statistics reflect that the percentage of uninsured motorists has decreased in Wisconsin and nationally in the past few years, there is a concern that recent economic problems may result in a rise in the number of uninsured motorists. In a recent study conducted and released by the Insurance Research Council (IRC), it estimated that nationally in 2007 approximately 13.8 % of motorists were uninsured. The study provided data, by state, as to the percentage of uninsured motorists, with the highest being New Mexico and Mississippi, at 29% and 28%, respectively, and the lowest being Massachusetts and Maine, at 1% and 4%, respectively. Wisconsin's estimated percentage of uninsured motorists in 2007 was 15%, ranking it in the highest third of uninsured motorists in the nation. The study found a strong correlation between the percent of uninsured motorists and the unemployment rate. To view the News Release, dated January 21, 2009, by the IRC, go to Study and Statistics as to Uninsured Motorists.

As problems with the economy continue and as more jobs are lost, it is expected that the percentage of uninsured motorists will increase from 13.8% in 2007 to 16.1% in 2010. Wisconsin mandates that auto insurance policies written in the state include uninsured motorist coverage, to protect injured victims of vehicle collisions with insurance coverage for their medical expenses and damages, however, it is clear that without mandatory vehicle insurance, responsible citizens who purchase auto insurance coverage will continue to pay for injuries caused by citizens who fail to purchase insurance on their vehicles.

By Stephanie Brown and David Wolf, Attorney Published by Child Injury Lawyer Network Although it has been in effect since July 1, 2004, many parents are still unaware or unsure of what the requirements are of Georgia’s child passenger safety law, O.C.G.A. §40-8-76.1. The law applies to adults and children. With regard to children, however, the law imposes more stringent requirements. Georgia children between the ages of 6 and 17 years old must be seat belted in all positions in the car, front seat or back seat. Georgia children under the age of 6 must be in a car seat or booster seat that is appropriate for their height and weight and used according to the manufacturer’s instructions. Moreover, children under the age of 6 must sit in the back seat of a motor vehicle. If a child under the age of 6 is over 4’9” in height, he or she may be seat belted in the back seat of the car without a booster seat. The purpose of these laws is to mandate the use of safety belts, car seats, and boosters for children. This will, in many accidents, help reduce personal injuries or help reduce the severity of personal injuries to children in the future. The Georgia Governor’s Office of Highway Safety offers child seat inspections at a number of locations. For more information on child seat inspection location, go to Georgia Governor's Office of Highway Safety Child Seat Inspections. For more information on the seat belt and child seat laws go to Official Website for the Georgia Highway Safety.

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

In a bill introduced in the Georgia State Senate on January 15, 2009, the failure to wear a seatbelt would be considered as evidence against a plaintiff in a lawsuit arising out of an automobile accident. Under this bill, the failure of a plaintiff to wear a seatbelt in violation of Georgia’s seat belt law could be considered as evidence of the plaintiff’s own negligence or contributory negligence. Such a bill will give the at fault driver a chance to point the finger back at the plaintiff, saying to the plaintiff “Yes, I might be at fault but so were you in not wearing a seat belt.” In Georgia, the injured victim could be an innocent child passenger who failed to fasten his or her seatbelt and suffered injuries in a car accident through no fault of his or her own.

To offer comments on this bill to state representatives, Georgia citizens can locate their representatives at the Vote Smart web site.

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

As part of several programs having the goal of making Georgia roads safer for children, the State of Georgia will be providing child safety seats to families in needs. In 2006, 54 children under the age of 14 died and over 11,000 were injured in motor vehicle crashes in Georgia. Thirty-three percent of fatal child occupants were not buckled up. In an effort to promote child safety on Georgia roads, the Governor’s Office of Highway Safety is providing funds to counties who provide education programs to families on motor vehicle safety. In addition, income eligible families can receive a child safety seat. For more information on this program visit the State of Georgia Website at Governor’s Office of Highway Safety or Georgia Department of Human Resources at the Atlanta Journal-Constitution at State of Georgia to Provide Child Safety Seats for Families in Need.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Charter Bus carrying Boy Scouts from Massachusetts and other buses and vehicles were in an accident on a snowy New Hampshire highway. Officials from New Hampshire reported that a total of 59 vehicles were involved in this accident. Fire Rescue reported that the most common injuries were fractures to ankles and legs. No deaths or life threatening injuries were reported. You can read about this crash at Charter Bus and Vehicles Crash on Snowy New Hampshire Highway.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

I found a very helpful and resourceful site called www.kidsandcars.org dedicated to child safety and the prevention of injuries and death from non-traffic motor vehicle related incidents. "Non-traffic motor vehicle related incidents" - What is this referring to? It refers to any incident in which a child is injured or dies involving a vehicle that is not in an automobile accident or crash. This would include but not limited to the following:

a child being left in the car and exposed to the cold (hypothermia) or heat (hyperthermia);

a child being injured by a power window the the child plays with or malfunctions;

a child being choked or strangulated by a seat belt or other object in the vehicle; and

drive way injuries and deaths including back over injuries and deaths.

I recommend that you take a look at www.kidsandcars.org and get informed of the dangers of vehicles to children and what can be done to help prevent these injuries. Whether you are a parent or not, this resourceful web site and the many tips in it can help protect children from serious injuries and death resulting from non-traffic motor vehicle related incidents.

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

In Athens, Georgia, a University of Georgia college student took partying just little bit too far. She went to a party, got drunk and then did something stupid - like getting behind the wheel of a car. She drove to a stop sign and stopped. She was following the traffic sign but when she stopped - she passed out. Undoubtedly, this college student put her life and the lives of other college students, adults, and children at risk by driving her car in such a condition. There is a high risk of injury and death to driver, passengers, and others when drunk drivers are on the road. Being in college and having a good time is no excuse at all for such conduct. You can read about this story at Drunk University of Georgia Co-Ed Passes Out at Stop Sign.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A cold front went through the Upper Mid West including States like North Dakota and South Dakota. Many schools were closed in the Dakotas as well as other States like Iowa, Minnesota, Kansas, and Missouri. The temperature in Grand Forks, Dakota dropped to a record low of 37 degrees below zero which beat the prior record set in 1979 according to the National Weather Service.

Icy, snowy, and weather conditions like these make for dangerous roads for drivers and passengers. Schools and business shut down because roads are not drivable or are just too dangerous for safe travel. You can read more about these frigid weather conditions at Shock Cold Waves Shocks Upper Middle West - Schools Close Down.

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

The Alabama Safety Belt Use Act of 1991 (“ASBUA”), codified at 32-5b-1, is Alabama’s primary law that governs safety belt use. This law requires every adult front seat occupant of a passenger car to have a safety belt fastened to their body while the vehicle is in motion. “Adult” was emphasized because Alabama law imposes a different set of requirements on the parents of small children riding with them in a vehicle. This makes perfect sense. Because a child’s body is significantly smaller in size and weight, it cannot be properly restrained by the same safety belt intended for a full grown adult. To make matters worse, fastening a child in an adult restraint could cause even more severe bodily harm / personal injuries to a child in an automobile accident. For these and other reasons, Alabama’s primary safety belt law refers us to a completely different code section at 32-5-222 which specifically governs child safety restraints. You can read this code section and others at the Official Site for the Code of Alabama.

Because we live in a potentially hazardous world, we are all taught at a very young age how to avoid danger and bodily injuries. “Look before you leap.” “Look both ways before you walk across the road.” “Don’t run with scissors in your hands.” All of these little reminders stick with us to promote our safety, but early on in a child’s life, a big part of a parent’s job is to take certain safety measures into their own hands in addition to teaching children about safety. This article was written in order to introduce parents to the specific laws that require Alabama parents to ensure their childrens’ safety while riding in a motor vehicle.

Parents should follow the seat belt laws for a variety of reasons. Furthermore, whether or not a State has a seat belt law or not, parents should use seat belts / safety belts for themselves and be consistent about the use of child safety and child booster seats.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tacoma, Washington, a 6 year old boy -Sebastian Hizey - died when parts from a red monster truck came flying into the stand and hit the little boy. Another spectator was injured as well. The monster truck was spinning around doing donuts when parts flew 30 to 50 feet beyond and over safety barriers into the stands.

The boy's father, Jessie Hizey, was interviewed by the press and stated that a Frisbee sized piece of metal came flying into the stands and hit his son. Tragically, the hold incident unfolded right before the eyes of Sebastian's father.

There are other monster truck shows that are scheduled for the Tacoma Dome that will be going forward with the events. The promoter of the event, Feld Motor Sports, promised more inspections of trucks in monster truck shows and stated that the truck involved in the incident would be withdrawn.

Safety precautions are important for any monster truck show. Barrier should be erected to provide a shield and safe distance for spectators like the Hizey family. Furthermore, there should be a safety inspection and checklist for every truck entering the event. Questions arise from this incident as to what safety precautions were taken as to the red monster truck and others that were involved in the monster truck show. In particular it would be helpful to know the following:

Who owned the red monster truck involved in the incident?

What modifications were made to the red monster truck?

What repairs were made to the red monster truck over the past year?

What inspections were completed or required by Feld Motor Sports and / or the Tacoma Dome?

Many events print a disclaimer or release on the ticket as to injuries taking place at public events like monster truck shows. Some courts have upheld such releases or disclaimers and many courts have stricken such disclaimers or releases as against public policy. This is especially true when dealing with injuries to innocent children.

In addition to police and authorities charged with the responsibility to conduct an investigation into this death, the family has the right to retain its own attorney / lawyer as well as its own investigators including engineers, mechanics, and accident reconstruction investigator to conduct an private investigation into this matter.

You can read more about this story at 6 Year Old Boy Dies as Monster Truck Event in Tacoma, Washington.

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

In Mississippi, school bus drivers need to have background checks before they are hired to drive our children. Recently, a school bus driver in Jackson County, Mississippi, had two bus accidents in less than one month. The second wreck caused five children to be hospitalized when the bus ran off the road and overturned. Fortunately, the first wreck involving this same bus driver only caused property damage and no injuries.

According to Superintendent, Barry Amacker, Jackson County Schools are having difficulty filling all the available jobs for school bus drivers. All the students injured in this accident were Vancleave Middle School or Vancleave High School students.

The Jackson County Sheriff, Mike Byrd, indicated the Sheriff’s Office was trying to reconstruct the wreck to determine exactly what happened. The Sheriff indicated that speed might have been a factor in the wreck.

You can read more about the above stories at School Bus Accidents in Mississippi.

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

In Alabama and Other States, children suffer personal injuries and in some cases, death, as a result of an incident or accident at a child day care center. In Alabama, a child day care center has reporting and documentation obligations and responsibilities for these incidents pursuant to the Department of Human Resources - Minimum Standards for Child Day Care Centers -Rules and Regulations. In particular, an Alabama child day care center must report within 24 hours any incidents, accidents, or injuries as follows:

any injury that requires professional medical treatment of a child while at the center or while under the care of the center at an off site activity;

any illness occurring or taking place at the facility that required emergency medical care or death;

any death occurring at the facility or during an off site activity while being supervised by the staff of the child day care center; and

any traffic accident with day care center children or students as passengers and the child day care center vehicle or school bus.

There are other documentation requirements but these are the key ones that involve child injuries or medical conditions of the child that require medical care or emergency medical services.

The reporting of these incidents allows the Department of Human Resources - to monitor and review injuries or illnesses taking place at an Alabama child day care center. These incidents are reviewed as part of related investigations and inspections of the Alabama day care center for licensing purposes.

In addition to the above, the Minimum Standards require child day care centers to communicate all illnesses, injuries, and disciplinary problems to the parent or caregiver.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Winter weather and big chartered buses can often times be a dangerous combination. In Seattle, Washington, a charter bus crashed through a barrier after it was in an accident with another chartered bus. The buses came close to falling off of a 20 feet embankment. Tow trucks eventually safety removed the buses but it took hours to do so. The buses were carrying 80 young adults from a training program in Moses Lake, Washington. Many of the passengers were taken to a local hospital (Harborview Medical Center) for treatment of minor injuries.

You can read more about this crash at Charter Bus Accident in Seattle Washington Leaves One Bus Hanging Over Freeway.