Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other States, driveways can be a very dangerous place for children. Driveway incidents or accidents causing injuries to children are so dangerous that there is a designation or name for these type of accidents. These accidents are frequently referred to as backover or frontover accidents or injuries. Safe Kids is a non profit organization with offices and affiliates all over the United States. Safe Kids and other child advocacy and safety groups urge parents and drivers to take a few moments to when entering or exiting a driveway to look out for children and to make sure that all children are cleared away from the driveway area. A good article was recently posted at the Idaho Statesman about the problem and dangers of backover and frontover driveway accidents. Read the article, pay attention, and watch out for children.

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

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for Disease Control and Prevention collects and publishes data regarding child injuries and deaths for Delaware as well as other States. According to the CDC, transportation related injuries had the highest death rate among children ranging in age from 0 to 19 years old in Delaware. It is tragic when a child dies. Other categories reported by the CDC were drownings, falls, fire/burns, poisoning, and accidental suffocation. Co-sleeping arrangements can, in some cases, cause suffocation related death or injurires to children. See Infants in Wisconsin and Other States at Risks for Personal Injuries and Accidental Death When Co-Sleeping with Parents or Others.

It is a great loss for the family, friends, school, and the community. In Delaware, drivers should obey traffic laws and operate vehicles according to the road conditions and traffic. Safe driving can help prevent many deaths and injuries to children. Other types of accidental injuries to children can be prevented or at least reduced with better child care supervision. In an effort to help reduce the incidents of child injuries, the CDC publishes tips and advice for parents, caregivers, teachers, and others charged with the responsibility for supervising and or caring for children. See Road Traffic Injuries - The Reality for tips regarding topics like car seats and teen driving. See Falls - The Reality for tips regarding safety at play, home, and while participating in sports.

Prevention is key to preventing the pain, suffering, and, in some cases, death to children. If a child is injured or dies due to the negligence of a care provider, school, day care center, or medical provider, a child injury lawyer can provide consultation and advice as to the legal responsibilities and rights associated with such a matter.

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

Gwinnett County Police reported an accident involving a death of a teen and personal injuries to two other teens. Tristan Sadler (Age 18) lost control of a 1989 Volvo while driving in a curve. The vehicle hit a drainage ditch and then overturned. Tristan was ejected. It was reported that Tristan was not wearing a seat belt.

Two other teens (Vernon Thomas and Ashtyn Roper) were treated at Gwinnett Medical Center. Tragically, Tristan died as a result of accident related personal injuries.

Parents often times buy Volvos for their children since Volvos are often times rated high in crash testing. Despite the safety records of Volvos and other vehicles, deaths still occur in these vehicles as well as other so called high rated vehicles. This story shows how the life of a teen can end so quickly when behind of the wheel of a vehicle. The death of Tristan Sadler is certainly a great loss for his family, friends, and his community. You can read more about this story at Teen Killed in Gwinnett Automobile Accident.

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

In California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney - age 45), the mother (Susan Maloney - age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

This crash is truly tragic. The sudden and avoidable deaths of the Maloney Family will be such a loss for their other family members, neighbors, friends, and the community.

All drivers should obey the speed limit and obey traffic signals. Running a red light as you can see can be deadly not only for one person but an entire family. See California Family Killed in Red Light Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Longmont, Colorado, a crash sent a truck into the front of a Blockbuster Store. Police investigators reported that a Dodge truck crashed into a Subaru Outback. The force of this impact put the Subaru into a curb, then into the Cubby's Coffee Shop, and finally into the Blockbuster Store. Police reported that Steven Williams (age 37) from Longmont, Colorado sped through the intersection prior to the crash. There were 5 people injured as a result of this crash including: Bruce Kline, Kline's wife, Kline's 17 year old daughter, Maricuz Gutierrez, and Steven Williams.

Crashes of this nature can cause chain reactions that at times can be deadly. Fortunately, there were no reported injuries from Cubby's Coffee Shop or Blockbuster. Speed limits and traffic signals are in place for a reason - the safety of others. You can read more about this story at Vehicle Crashes into Blockbuster Store - 5 People Including Teen Suffer Personal Injuries.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisiana, four children died and seven were critically injured in a van accident. According to a news story reported at Breaking News 24 / 7, the van was traveling on Interstate 10 near Baton Rouge, Louisiana when the van blew a tire. Thereafter, the van crashed into a delivery and then rolled over. The children, reported to have died from the accident, were Ricky Hines, Jr. (age 2), Lachante Floyd (age 12), Edward Barnes (age 14), and Ashley Hines (age 14). Louisiana police and automobile accident detectives will investigate this van accident to determine the following:

What was the make, model, and year for the van involved in the automobile accident?

What were the manufacturer specifications for seating for the van?

How many seatbelts were available on the bus?

Who was wearing a seat belt?

For toddlers and small children, were booster or child seats available?

What was the approximate speed of the van at the time the tire blew?

What condition was the blown tire in prior to the incident?

When was the van last repaired or maintained?

There are many facts to be determined by the investigation. Accidents like these do help illustrate the importance of planning and safety when transporting children. Vans and other vehicles should not be overloaded beyond manufacturer specifications or recommendations. Safety belts should be worn by all occupants. Toddlers, infants, and small children should have child seats or booster seats to better secure them when there is an accident. Finally, all vehicles should undergo periodic and consistent maintenance including but not limited to inspection and repairs of brakes and tires.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Carbon, Pennsylvania, a car crashed into a day care center that was full of children. Fortunately, the children escaped injury. It was reported that the driver was distracted by a puppy riding in the front seat. It is most fortunate that no children suffered personal injuries; however, this incident could have easily caused serious personal injuries and even the death of children. Driver distraction whether caused by a puppy in the car or a Blackberry, mobile phone, or iPhone is a real problem in Pennsylvania and other States. Drivers should do their best to limit distractions and pay attention to traffic and road conditions. You can read more about this story at Car Crashes into Port Carbon, Pennsylvania Day Care Center.

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

In Cupertino, California, a 5 year old child was run over by a teacher. Tragically, the 5 year old died. It was later determined that the day care center, Elite Chinese School, did not have a day care license. Elite has a business license but did not have the separate California day care license. As such, the State of California never inspected the facility or its grounds for safety or compliance with the applicable day care center guidelines and regulations. The accident at issue is also under investigation.
Nelson Wei was the student enrolled in the day care center who died as a result of this most unfortunate accident.

While having a license in place does not guarantee the safety of a child, proper licensing and compliance with applicable regulations are often times good indicators that a day care center is set up in a manner to promote the safety and welfare of the children enrolled in the day care program

You can read more about this story at Cupertino, California Day Care Center Did Not Have License to Operate Day Care Center.

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

Bob Dallas is the DIrector of State of Georgia - Governor's Office of Highway Safety. Director Dallas recently wrote a letter / statement that was published at the Florida (Jacksonville) Times Union Website. Director Dallas pointed out that "Americans are driven to distraction." There are a number of causes of driver distraction these days including misbehaving kids, billboards, mobile phones, text messages, radio, video, and many other causes. Among the many causes of driver's distraction, texting may be the biggest and dangerous problem these days. Texting requires that the driver keep his or her eyes on the mobile device screen rather than the road. A very interesting or engaging text message can turn into a tragic and fatal automobile accident. Text messages can wait and should wait for a safe time to read and respond to the text message. You can read more about the comments of Director Dallas at Driver Distraction Dangers.

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

In Alabama, a mother was arrested for having her teenage child ride in a cardboard box on top of a van. The driver, Jackie Denise Knott, informed Albertville, Alabama police that she had a good reason for placing her teen on top of the van. The reason was that the driver needed someone to hold down a box. Here is a better idea for this driver: leave the box and avoid putting a child at risk for personal injuries. Several drivers had called in this dangerous situation to police.

Parents do not always use good judgment in operating motor vehicles or supervising their children. Many children have been injured when riding unrestrained in the back of a pick up truck. While not many children are spotted riding on the top of a van, it is quite dangerous for the child. Fortunately, the teen was not seriously injured in Alabama. However, circumstances could have taken place that would have lead to serious personal injuries. A simple rear end accident or the wind or force from a passing semi tractor trailer could have turned this odd story into a tragedy. You can read more about this story at Alabama Mother Arrested for Having Teen Ride on Top of Van in a Cardboard Box.

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

The Canadian Press recently published an article that contained some interesting information regarding city design, roads, and playgrounds. A city in Canada was compared to a similar city in Sweden. The incidents of child deaths and injuries in Sweden was lower due, in part, to city design, road planning, and playground safety. One important difference is planning for cars or vehicles and planning for pedestrians, bicyclists, and children. You can read more about this topic at Improving Design of Environment Reduces Child Injury and Death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Allentown, Pennsylvania and cities across the nation, there is a common danger to children: parked cars and traffic. When cars are parked on the side of a street, it may be difficult for a children to see oncoming traffic. In addition, drivers may not see children who walk between parked cars into a street. A 10 year old boy in Allentown, Pennsylvania was recently hit by a car as he walked between two parked cars. The boy was taken to and treated at Cedar Crest Hospital. He suffered a severe personal injury to his leg. Local police will conduct an investigation as to the cause and manner of the accident.

Incidents like this are valuable teaching tools for parents, caregivers, day care providers, and teachers to use when speaking to children about traffic and pedestrian safety. The incident can also serve as a teaching tool for drivers. Be careful out on the roads. You never know when a small child or adult for that matter will be crossing the street especially when parked cars line the roadway / street. You can view a video of the news report at the FOX News Philadelphia Website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, children are the unfortunate injury victims of driveway accidents or incidents. Many such incidents take place when a driver unknowingly back up over a small children standing, sitting, or walking on a driveway. The height of the vehicle combined with inattention of the driver and lack of safety awareness of the child all contribute to cause these injuries. In Australia, driveway injuries / deaths are also prevalent. The Queensland University of Technology will be conducting a study to determine the cause of such incidents / accidents and safety precautions that can be taken to avoid or reduce the rate or number of such injuries and deaths. You can read more at Australian Researchers to Probe Tragic Driveway Deaths of Children.

Researchers probe tragic driveway deaths of children
September 21, 2009 - 12:39PM
Researchers are hoping to shed new light on driveway deaths, which claim the lives of around a dozen young children each year across Australia.

Driveway motor accidents are one of the leading causes of death and serious injury in young children.

The Queensland University of Technology is embarking on a study, funded by Queensland Health, to reduce the incidence rate of such accidents.

Dr Kerry Armstrong, from QUT's Centre for Accident Research and Road Safety (CARRS-Q), said information was needed from parents and guardians which would help to reduce the risk of low-speed vehicle run-overs.

"CARRS-Q statistics show that Queensland has the highest per capita rate for low-speed vehicle run-overs - leading to approximately four children being killed and 81 hospital presentations each year," Dr Armstrong said.

She said the incidents most commonly involved a child under five at their own home or that of a relative, with a parent behind the wheel of the car.

Dr Armstrong said four-wheel drives and light commercial vehicles were the most commonly involved vehicle types, with four-wheel drives accounting for 41 per cent of all low-speed child driveway deaths between 1994 and 2000.

She said children in rural areas are also known to be at a higher risk, with two in three driveway fatalities occurring in non-metropolitan areas.

"Importantly, in almost all driveway run-over incidents, there was no clear separation between the driveway and the rest of the yard or play area," she said.

The research will seek information from parents on what steps they had taken to ensure children stayed safe in and out of the house and how they found out about safety measures.

The information would be used as the basis of a new safety awareness strategy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted driving has been a problem since people began driving. Over the years, there have been more things to distract a driver's attention. Prior to the use of mobile phones, drivers were distracted by music, eating, talking, reading (yes reading) and other non-driving activities. With the availability and use of mobile phones and now smart phones like the Blackberry and iphone, drivers are now distracted by e mails, text messages, and internet browsing. The Gainesville (Florida) Sun Newspaper recently published an article ( States Send Mixed Messages on Texting While Driving Laws) that reviewed laws in various States regarding text messaging / mobile phone use and driving. Some States ban or restrict the use yet post traffic updates to mobile phones by text messaging / Twitter and other applications.

Whether there is a law in place or not, a person can be charged with negligence or even a crime while using a mobile phone when there is an accident. This is especially true in automobile accidents that lead to serious personal injuries or wrongful death.

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

In Grand Prairie, Texas, there was a serious van accident that involved personal injuries to 13 children on the van. Further investigation of this incident revealed that the day care center driver did not even have a valid driver's license. Day care operators in Texas and other States have a duty to complete background screenings which includes a check of an employee's driver's license for those employees who will be transporting children. You can read more about this story Day Care Center Driver Did Not Have Valid Driver's License - Grand Prairie, Texas.

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

In Grand Prairie, Texas, twenty three children were injured in recent day care van accident. A story posted at The Dallas Morning News reported that the automobile / van accident took place near the Grand Prairie Municipal Airport. The driver and all of the child passengers were transported to local hospitals for treatment. There were no serious personal injuries reported; however, it will take some time and further evaluation to really determine the severity of the injuries to these children. Witnesses stated that that the van entered the intersection during a red light, collided with a SUV, and then rolled over.

Day care van drivers have a duty to exercise due caution when transporting children. Obviously, all traffic signals including red lights and stop signs should be followed. Furthermore, close attention should be used as to traffic and all other road conditions. It is also vital that day care center drivers avoid driver distraction like mobile phone use, texting, e mailing, eating, and reading. Safer driving and the avoidance of driver distraction can help reduce the number of automobile accidents involving children being transported by schools and day care centers in Texas and other States.

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

The Georgia Department of Early Care and Learning is the agency responsible investigating and fining day care centers in Georgia. This agency is investigating an incident involving a child in the day care program at A Child's World, Hephzibah, Georgia. DJ Murray, age 6, was left on a day care school bus after being transported to the day care center. He apparently fell alseep while on the ride to the day care center.

Day care centers in Georgia and other States have been cited for leaving children unattended in vehicles. While DJ was not injured on the bus and did not suffer from the affects of either hypothermia or hyperthermia, the day care center still violated its duty to provide for a safe, secure, and well supervised environment for DJ and other children. You can read more about the situation Georgia Day Care Center - Child Left on a School Bus.

In Skagit County, Washington, Safe Kids Skagit County is offering a free inspection of a child car seat from 10 a.m. to 2 p.m. on September 12, 2009. Read the article - Skagit County Safe Kids Offers Free Inspections for more information.

The law in Washington State require parents, caregivers, and / or drivers to have children under the age of 8 in a child car seat. There is an exception to this general rule / law that exempts children who are 4 Feet 9 Inches in height and taller. Washington law also requires all children under the age of 13 to ride in the back seat of a vehicle. The purpose of these laws is to promote child safety and to attempt to reduce the number of child injuries and also to reduce the severity of injuries suffered as a result of an automobile accident. Parents have a duty to provide safety seats to comply with Washington's law. Safe Kids is an organization that helps organize and education parents about important child issues like car safety seats.

Follow Washington law and the good advice from Safe Kids.

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

The Oklahoma Highway Patrol (OHP) has reported that a 6 year old boy (Jacob Wilson) died as a result of a strange automobile accident on State Highway 18 near Fairfax, Oklahoma. A vehicle hit a deer which literally sent the deer flying into oncoming traffic. In particular, the deer was projected into a pick up truck driven by Rachel Nicole King, a resident of Fairfax. Jacob Wilson (age 6) was a passenger in the truck and died as a result of automobile accident related injuries. Jacob died from severe head injuries.

While deers are gentle animals to most, they are large animals and when hit can cause some serious problems with traffic due to their size. Since a death resulted from this accident, the Oklahoma State Patrol and / or other agencies will conduct a thorough investigation into this automobile accident. Investigators will review the speed of the vehicles, road conditions, visibility, witness statements, condition of the vehicles, and other factors regarding this tragedy. You can read more about this accident at Oklahoma Automobile Accident Involving Deer Results in Death of 6 Year Old Boy (Jacob Wilson).