Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A five year old boy from West Wales, United Kingdom, fell off a child’s motorcycle that he had been given as a Christmas present. He suffered serious head injuries from the fall and died after being taken to the local hospital. The child was reportedly playing with the gift in an enclosed playground when the motorcycle accident took place. His father had taken him to the park to practice, since it was closed to automobile traffic over the holiday. Unfortunately, because the enclosed area is usually used for driving practice, it has a concrete surface. According to a neighbor, the park was locked up, but the short fence would be easy for someone to hoist a bike over. Police are calling this a tragic accident. They would not say if the child was wearing a helmet at the time of the accident.

Motorized vehicles, such as motorcycles, all terrain vehicles (ATVs), and go-karts are very popular among kids. Unfortunately, if they are not used with appropriate care, supervision and safety precautions, these toys can turn deadly.

Find out more about this tragic motorcycle accident that took the life of a child at Boy, five, dies after falling off child's motorbike he was given as Christmas present.

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

In Missouri and other states, it can be dangerous to ride a motorcycle. In most any crash, a motorcycle is no match for a car or truck. In Clay County (near Kearney) Missouri, a teenage motorcyclist (Alex Myers) recently died in a motorcycle accident crash with a vehicle making a left hand turn. News reports did not indicate if either driver was at fault. Typically, a person making a left hand turn must yield to oncoming traffic. Regardless, it is tragic that a teenager died at such a young age. It is a tragedy for the Myers family and the community. You can read more about this story at Missouri Teen Dies in Motorcycle Accident.

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 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 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 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

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

KCCI Des Moines Iowa TV Station did an excellent study and program on distracted drivers. Distracted driving can result from common everyday activities that do not exactly combine well with the physical and mental requirements of operating a motor vehicle. While driving, many people eat, sing, talk, read, check e mail, text, and multi-task. Motor vehicles in many states are referred to as "dangerous instrumentalities" since a minor mistake or a second or two of inattention can lead to serious adult and child injuries and, in some instance, death.

Mobile phones are certainly great and valuable tools. Then again, mobile phones can also distract drivers who are deeply involved in a telephone conversation. Drivers should keep their eyes on the road. If you drop something or feel you need to search for something in your vehicle, wait until the next stop or hat leads the mind to wander away from the primary task at hand - safety operating a motor vehicle, car, truck, and motorcycle. You can see the news report / story by going to the KCCI Web Site at
Distracted Driving in Iowa.

Texting is a real problem these days. Some bus driver, train engineers / operators, and car drivers like their i phones, Black Berry devices, and other mobile devices so much that they text while driving. This act and others can be very dangerous especially for children who passengers or pedestrians who often times become innocent victims from the careless acts of distracted drivers.

The roads will be much safer when people make a conscientious effort to reduce the incidents of distracted driving. Pay attention for the sake of other adults and children on or near the roadways.