Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, teachers, day care providers, babysitters and other adults supervising children should always require children to wear bicycle helmets. There should be no exceptions whether the bicycle ride is short or a long one. Serious accidents or injuries can happen right in the child's driveway. It is important for a child to wear a helmet - it is also important for a child to wear a properly fitting helmet. If a child wears a helmet that is loose and does not fit, the helmet may have limited to no effect on preventing serious head injuries and brain injuries. You can read valuable tips about bicycle helmets at Easy Steps to Properly Fit a Bicycle Helmet - National Highway Transportation Safety Administration.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child is on a bicycle, tricycle, skateboard, or other riding object, a helmet should always be worn. Whether it is just for a short ride in the driveway or a longer ride, children should always wear a helmet. It has been reported that approximately 135 lose their lives from bicycle related injuries every year. Over 260,000 bicycle injuries are also reported annually. Many injuries can be reduced or prevented with the proper and consistent use of a bicycle helmet. Parents, babysitters, teachers, day care providers, and coaches should make sure that children wear helmets. Don't make any exceptions to this most important safety rule for children. See Bicycle Helmets Reduce Injuries - Proper Uses and Wearing of Bicycle Helmets.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arkansas and other States, emergency room doctors and pediatricians see their fair share of child injuries from bicycle accidents. According to Mechelle Winslow of the Arkansas Children's Hospital Injury Prevention Center, bicycle helmets are an important safety measure for children riding bicycles. Head injuries to children are common in bicycle accidents. With a proper helmet, many injuries can be prevented or lessened with the helmet taking the brunt of the trauma rather than the child's head. A good suggestion by Winslow is to have the child pick out his or her own helmet. This may make it more likely for the child to wear the helmet. Children should be taught from an early age that a helmet is not optional. No helmet - no bicycle riding. Eventually, the child will put on the helmet without even being asked to. You can read more about this topic at Bicycle Safety Tip to Teach Your Children.

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

In Greendale Village Hall, Wisconsin, a 5 year old was struck by a vehicle as she was crossing the street. At the time of the incident, the girl was walking with her brother, Aunt, and Mother. Fire Rescue responded to the scene and the child was taken to Children's Hospital of Wisconsin. Unfortunately, despite the efforts of Fire Rescue and hospital personnel, the girl died as a result of this automobile / pedestrian accident. It was reported that the driver was stopped a stop sign and then proceeded to make a turn as the girl and others were walking in the designated crosswalk. It is tragic that a girl who was a leisurely walk with her family was hit by a vehicle and lost her life. Children are the unfortunate victims of accidents as pedestrians and / or bicycle riders. There will be a full investigation into this incident by local police investigators to determine the cause of the accident and if certain actions could have prevented the incident. You can read more about this story at Car fatally strikes 5-year-old near Greendale Village Hall.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Lakeville, Minnesota, an 11 year old was admitted to a Hennepin County Medical Center for severe head injuries following a Minnesota bicycle accident. The accident was reported by the Pioneer Press. The child was struck by a vehicle during the evening hours. He was not wearing a helmet. The story posted did not contain many details of this Minnesota bicycle accident.

Children should always wear a helmet when riding a bicycle. Helmets can and do help prevent head injuries or help reduce the severity of a head injury. Parents should get children into a habit of wearing helmets at all times - there should be no exception to this rule. A serious personal injury on a bicycle can take place at home in the driveway, on the sidewalk near the home, and on the street near the home. Whether your child is heading out on a short ride or a long ride - a helmet should be worn.

Drivers have a duty to be on the lookout for bicyclists and pedestrians. It is no excuse to negligently hit a bicycle rider just because the bicycle rider is not wearing a helmet. Drive slowly and carefully any time children are on or near the roadway.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, some drivers especially young ones in sports cars or little sports cars believe it is great fun and a challenge to race other drivers. The thrill of speed and the chase take priority over the safety of others including innocent pedestrians and children. In Wichita, Kansas, one such drag racing incident ended the life of Robert Ryder - age 25 - who was pronounced dead at the scene. His cousin was reported to have serious personal injuries resulting in a hospitalization. You can read more about this story at Police Investigating Drag Racing Accident in Wichita Kansas.

Unlike some other automobile accidents, drag racing automobile accidents are completely avoidable. The public roads of Wichita Kansas are no place for drag racing especially those with pedestrians and cross walks. Drag racing is an inherently dangerous activity that should only be done by professionals under a very controlled environment. Every day in Kansas, drivers zip around the roads in a hurry to get somewhere or just for sport. The safety of others should be paramount over everything else.

If you or someone you know has suffered personal injuries in an automobile accident, pedestrian incident, bicycle accident, or other accident, contact an Injury Lawyer for advise, consultation, and representation. Know your legal rights.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Governor Ritter of Colorado was recently in a bicycle accident that caused several broken ribs. After his own experience with a bicycle injury, he is throwing extra support behind a bill that would require Colorado kids from ages two to seventeen to wear a safety helmet when riding a bike, roller blades, or skate board.

The bill has already passed the House, but is drawing criticism from those who say that the government is taking on too much responsibility that should go to parents. Chris Brown, the owner of Brown’s Cycles, said that he believes strongly that kids should wear helmets when biking or blading, but does not want the government getting involved. He went on to say that the consequences of the proposed law are “ridiculous bureaucracy;” a police officer is supposed to stop the child, issue a ticket and give him a pamphlet explaining the dangers of riding without a helmet.

One of Brown’s employees, who himself suffered a head injury in a bicycle accident, summed it up nicely, saying “your child’s life is worth 35 dollars for a helmet.” The bill will now go to the Senate for a vote before it can become law.

Read more about pending legislation in Colorado that would require minors to wear bike helmets at Ritter Supports New Helmet Bill after Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

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

Children (as well as adults) suffer injuries known as traumatic brain injury every day. These injuries can range from the very mild to injuries that can cause brain damage or death. Mild traumatic brain injuries are often referred to as concussions. Symptoms or complications following a head injury can be experienced immediately while some can be delayed. It is important for coaches, teachers, caregivers, parents, and medical providers to be aware of the signs and symptoms of a serious traumatic brain injury so that medical care can be obtained as soon as possible. Dr. Beth Slomine is a specialist at the Brain Injury Rehabilitation Program - Kennedy Krieger Institute based in Baltimore, Maryland. Dr. Slomine offered advice on traumatic brain injuries which included the following:

*Use safety precautions which can help reduce the incidence of brain injuries. Safety precautions include the use of seat belts, child safety restraints, helmets during bicycle and sports play when appropriate, and the use of playgrounds with shock absorbing surfaces.

*Following a head injury, watch out for the loss of consciousness, confusion, nausea, dizziness, weakness, lethargy, visual changed, and numbness. If any of these symptoms take place, get immediate medical attention and follow up.

*Keep a close eye on symptoms that can improve over time OR get worse over time.

*Rest is important after a head injury even after evaluation at an emergency room or after a doctor's visit.

*Avoid a return to at risk activities until the symptoms completely resolve.

Of course, it is difficult for a medical provider to provide advice that fits every situation. If you have concerns about a head injury to a child, get immediate medical attention. See Baltimore Sun Newspaper Article - Traumatic Brain Injuries Can Be Mild or Serious - Advice from an Expert.

Other valuable information and advice is located at the
Brain Injury Association of Maryland Web Site.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The New Hampshire Union Leader website has reported that an eleven year old dirt biker died recently in a crash with a gate on a rail trail. Very few details or facts have been reported regarding this tragedy. It would be important to review the following as part of the investigation:

*What kind of dirt bike was the child riding?
*What was the child's experience with the dirt bike?
*Were there any witnesses to the crash?
*What were the lighting conditions? Weather conditions? Trail conditions?
*What kind of gate was involved? What position was the gate in?
*What was the condition and purpose of the gate?
*Who was responsible for maintaining the gate and the trail?
*Was the child wearing a helmet?

It was reported that a local New Hampshire police department and the State of New Hampshire Fish and Game department are investigating the crash.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A South Carolina girl suffered severe head injuries following a bicycle accident. Unfortunately, she was not wearing a bicycle helmet at the time of the injury. Skyy Nesbitt of Wellford, South Carolina fell off her bicycle and was then taken to Greenville Memorial Hospital Skyy is in a coma from these injuries

Skyy's parents and child safety experts are urging other parents and caregivers to make sure that children under their care wear helmets while riding a bicycle, skateboard, or other similar activities. The National Safe Kids Campaign estimates that head injuries can be reduced by over 80 % with proper use of helmets. According to studies. only 41 percent of children were observed wearing helmets in wheeled sports like biking.

Parents should require their children to wear helmets. Hopefully, children will learn that a helmet must be worn at all times and put on a helmet without even questioning the parent on the matter. Children can develop good habits or bad habits. It is the responsibility of parents to make sure that there children consistently follow the rule - "At all times, I must wear a helmet when biking or participating in other wheeled sports."

I commend Skyy's parents for stepping forward to urge others to use helmets. You can read more about Skyy and the importance of wearing a helmet at South Carolina Parents Push for Bicycle Safety After Accident Causing Head Injuries to Daughter.

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 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 responsible 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 California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes' claim that he stopped prior to making the turn.

You can read more about this story at Lincoln California Man Sentences for Bicyclist Death.

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

A 13 year old boy recently died in a bicycle accident at the Plainfield Skateboard Park in Boy, 13, killed in bicycle accident at Plainfield skateboard park in Plainfield, Connecticut. Witnesses informed police that the boy was attempting a move at the top of the ramp when he lost control of his bicycle and hit his head. Unfortunately and tragically, the boy was not wearing a helmet.

A sign at the skateboard park instructed visitors that helmets were required and that bicycles were not allowed. The boy was taken to the William W. Backus Hospital in Norwich, Connecticut where he died.

This incident is truly sad and tragic. It shows the importance of following directions and taking safety precautions.

You can read more about this story at Boy, 13, Killed in Bicycle Accident at Plainfield Skateboard Park.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Hawaii is a scenic State with many bicycle trails. There is plenty of good biking in Hawaii; however there are many areas where bicyclists are injured while biking through winding trails and roads and over high and steep terrain. The Honolulu Advertiser newspaper web site recently reported that a bicyclist was injured near Kaena Point when he crashed into a 20 foot ravine. He may have suffered a fractured limb in the incident. The man was riding with a group of other bicyclist at the time. He was later airlifted via helicopter and then transported over to an ambulance to be taken to a local hospital.

It is unfortunate that the bicyclist was injured. Many bicyclist who are involved in such incidents even lose their lives or suffer permanent debilitating personal injuries.

You can read more about this incident at Bicyclist Injured After Falling into a Ravine in Hawaii.

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

The Christian County (Missouri) Optimist Club hosts an annual event called Safetypalooza. This program promotes bicycle safety to children. The event provides children with important safety lessons for riding bicycle. Every year, children are unfortunately injured while riding bicycles in Missouri and other States. Safetypalooza is an important program that helps prevent serious personal injuries and wrongful death to children who ride bicycles.

Helmets are an important component of this and other safety programs. We recommend that parents start children with helmets and make the wearing of a helmet a good habit that is never optional. Whether the child is riding a bicycle in a driveway or for a long ride, make sure that the child wears a helmet. Serious injuries while riding a bicycle happen in driveways and long rides as well.

You can read more about Safetypalooza at Kids Learn About Bike Safety in Nixa, Missouri.