Child Injury Lawyer Blog

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

5. Whenever available, sidewalks should be utilized.

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

By Jonathan C. Reed, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Las Vegas is well known for gambling, bright lights, Wayne Newton, and show girls. It also has been listed as one of the most dangerous cities for pedestrians. According to a national study, Las Vegas is listed as the sixth most dangerous metropolitan area for pedestrians. Over 400 pedestrians have died between the time period of 2000 and 2009. The study was completed by Transportation for America which is an advocacy group based in Washington, D.C. Statistics are collected and analyzed but it should be pointed out that a pedestrian is at risk in almost every city and town in the United States. While drivers should yield to pedestrians and bicyclists, many motorists are in a hurry to the destination and / or are distracted by mobile phones, texting, eating, and other activities that can make it dangerous for pedestrians and bicyclists in or near the roadways. See Las Vegas, Nevada - 6th Most Dangerous Metro Area for Pedestrians.

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

In Trenton, New Jersey, a 12 year old boy suffered a leg injury when he was hit by a city bus according to local police officials. It was reported that there was a bicycle with a damages wheel at the scene of the accident. Firefighters and ambulance personnel responded to the scene to evaluate and treat the injuries sustained by the boy. Busy streets and intersections are often the sites of serious automobile, bicycle, and pedestrian accidents in Trenton, New Jersey and other cites. Whenever there is a bicyclist or pedestrian in an area (especially children) drivers should drive extremely careful so as to avoid hitting the bicyclist or pedestrian. Children often times do not recognize the danger of an intersection and sometimes cross outside of a sidewalk or against the instructions of street signs and / or traffic light indicators. The details provided by the Trenton, New Jersey news article were very broad. The police report and investigation would probably have additional details as to the cause and preventability of the accident. See Trenton Boy Suffers Lega Injury When He is Struck by School Bus in City.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Alexis George a 6-year-old girl of Conway, Arkansas, tragically died after she was hit by a vehicle while crossing the street on her bicycle. Alexis was following her siblings across the street when she was struck by the vehicle. The children were crossing Sapphire Street traveling towards Meadowlake Street. Her siblings made it across safely, however, Alexis came into contact with the left front end of an oncoming automobile. The contact caused Alexis and her bicycle to be thrown over the vehicle. She was taken to Conway Regional Medical Center and subsequently transported to Arkansas Children's Hospital, where she was later pronounced dead. La Tresha Woodruff, public information officer for the Conway Police Department, said Alexis died as a result of the personal injuries she sustain in the collision. For more read 6-year-old Arkansas girl dies of personal injuries after bicycle struck by car while crossing street.

Unfortunately, there are thousands of injuries to children riding bicycles every year. Almost every community is touched or affected by bicycle accidents involving a child. It is important for drivers to exercise the utmost of safety when driving anywhere near a school, park, residential neighborhood, and any where else a child is riding a bicycle.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Do bicycle helmets make a difference? Should a child wear a bicycle helmet every time that he or she rides a bicycle? Is the price of a bicycle helmet worth it? Should every parent or child care provider make sure that a child wears a bicycle helmet? The answer to all of these questions is YES. A bicycle helmet is an important safety measure that should be used every time that a child gets on a bicycle whether it is for a simple ride in the neighborhood or a longer bicycle ride. In Maricopa, Arizona, officials with the fire department reported that a boy was airlifted to a local hospital after suffering a bicycle riding related accident. The boy was knocked unconscious as a result of the incident. It was reported that the boy fell off of his bicycle to avoid hitting a van. A spokesperson with the Maricopa Arizona Fire Department reported that the boy avoided more serious personal injuries and more serious head injuries because the boy was wearing a helmet. See Maricopa Arizona Fire Department - Bicycle Helmet Saves Boy from Serious Personal Injuries Resulting from Bicycle Helmet.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are dangers to the children when riding their bicycles. It is vital that children obey traffic signals and road signs. Of course, drivers should drive with caution anytime that children are on or near the roadways as pedestrians and bicyclists. In Lower Makefield Township, it was reported that a 12 year old boy was hit by a Coca Cola truck. The accident happened in the morning hours and the boy was travelling to school on his bicycle. The boy was hit as he was attempting to cross an intersection. It was reported that the boy suffered a head injury and bruises to his body. Because of these personal injuries, the boy was transported to St. Mary's Hospital and then to Children's Hospital of Philadelphia for evaluation and treatment. See Child Hit by Big Rig in Bucks County, Pennsylvania.

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

The driver of a small, black regular cab truck with pinstripes down the side is wanted for questioning in an hit-and-run accident involving a 12-year-old bicyclist. The Heath, New Jersey Police Department was notified about the incident when the child's mother called and informed them her child had been hit while riding home.

The child was transported to Licking Memorial Hospital where police later interviewed the victim. The victim told a police officer that the driver of the truck initially stopped and asked if the victim was OK, the driver then left the scene. The 12-year-old victim described the driver as a white male, clean shaven, with dark hair and in his 30s. If you would like to read more on this incident please see Police search for trucker driver allegedly involved in a hit-and-run accident.

Luckily, this child was not killed. Drivers involved in accidents causing personal injury and/or death are required by law to stop and stay at the scene until their legal obligations have been fulfilled. Depending upon the jurisdiction, the severity of a hit-and-run offense will differ. However, it is an inherent obligation of a driver to stop and stay at the scene of any accident he or she is involved in.

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.