Child Injury Lawyer Blog

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

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragically, children are injured and die every year while crossing the street. In some instances, the injuries are caused by driver inattention or driver distraction. In other instances, the injuries are caused in part by the child's inattention or distraction. Some times, the incident is caused by both the fault of the driver and the child. Parents, teachers, and caregivers should do their best to educate children about child pedestrian safety. USA Safe Kids has a very useful website that has a page titled Safe Kids Walk This Way. It contains a list of Child Pedestrian Safety Rules that should be reviewed with children. Simple safety precautions can help avoid serious personal injuries and deaths to children attempting to cross the street. Of course, all the care in the world cannot prevent death or injury to a child as a result of careless driving, negligent driving, or drunk driving.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Johnson and his grandmother were in the Golden, Colorado Wal-Mart parking lot when Joshua suddenly broke away from his grandmother and bent over to pick something up off the ground. Debra Debruyne was looking for a parking space and never saw the boy; she struck the child and then dragged him for ten feet before she realized what had happened. When she stopped, Joshua was wedged under her car and couldn’t get out.

Scott Martin, a full time firefighter and paramedic and his wife, Jennifer, heard a thud and a scream, and then rushed to the car with medical equipment and a radio. Five other bystanders lifted the car off of the boy so that Martin could crawl under it and bring the boy out. The child was not breathing, but Martin was able to straighten out his airway. He then held the boy immobile so that he couldn’t move and hurt himself further. Joshua is in critical condition at Children’s hospital. According to police, there is no way Ms. Debruyne could have seen the child, and they will not be filing and charges against her.

A busy parking lot is a very dangerous place for a child, especially during the holiday rush. Parents and drivers need to take the time to pay attention to their surroundings and proceed with caution. Read more details about this accident and the heroes who saved Joshua’s life at Bystanders lift car to rescue trapped 3-year-old.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Oscoda Township, Michigan police are investigating an accident in a supermarket parking lot that took the life of a twelve year old girl. Reportedly, the driver of a 1999 Buick was backing out of his parking space when he lost control of the vehicle due to an alleged mechanical failure. The car spun out of its spot in reverse, crashing into the entrance of the market where a woman and three children where exiting. All three children were hit by the car, the twelve year old died at a local hospital, a nine year old girl was airlifted to the hospital, and a four year old boy was treated and released. The driver of the Buick has been questioned, but no charges have been filed.

This very tragic accident is an example of the terrible injuries that can be caused by a mechanical failure. While the specific failure in this case was not mentioned, it will certainly be the subject of much scrutiny if this case goes to court. Find out more about this tragic accident that took the life of a child at Police Investigating Child Death in Iosco County.

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

When word first came out that Christopher Kayden Roedel had been struck and killed in a traffic accident, police said that no charges would be filed in the case. The child was struck by a pickup truck as he was running across a busy street after dark and was pronounced dead at the scene.

Many pedestrian accidents and injuries can be avoided by slower driving and better safety awareness by drivers. However in this case, both the accident report and the police statement would indicate that the driver was not at fault; it can be nearly impossible to see a small child dart into the road unexpectedly, especially if he was wearing dark clothing. Children do not have a developed sense of danger, and it is up to parents to keep a hold of their children when they are outside, especially when they are near a busy street. Read the details of this tragic accident that killed a five year old at UPDATE: CPS Investigating After Child Is Struck and Killed by Truck 12/14/09.

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

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

According to Asheville, North Carolina police, a four-year-old boy was killed in a car accident while running across a busy street to catch a bus. The child was reportedly walking with his mother early in the morning, and the mother was holding the boy’s hand. The boy apparently broke away from his mother suddenly and ran into the street when he saw their bus arriving at its stop. He was struck by a car in the northbound lane. The boy suffered a traumatic head injury, and could not be resuscitated by CPR delivered by emergency personal at the scene.

According to police, weather conditions were bad and visibility was poor at the time of the accident. The child was also dressed in dark clothing. Following an investigation into the incident, the Asheville Police Department Traffic Safety Unit Officers have decided not to file charges in this accident.

Children are usually quite unaware of danger and can behave impulsively with tragic results; and this certainly is a tragic case. The child’s mother was taking appropriate care to hold her child’s hand while walking near a busy road and the driver of the vehicle was hampered by poor road conditions and the suddenness of the child’s movement into the street. You can read more about the accident and the investigation at No Charges Against Driver in Death of Asheville Child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Upper Darby, Pennsylvania, three middle school children recently suffered injuries as a result of a woman who served to attempt avoid crashing into a traffic jam. The students attended Beverly Hills Middle School. Action News ABC reported that Jemel Brunswick and Tyler Lowery were injured in this automobile / pedestrian incident. The third boy, named Beyene, was reported by his father (Beyene Beyene) to be in a coma at a local hospital. The driver carelessly drove across three lanes of traffic, then hit the boys, and then kept on moving until hitting the third boy 15 yards away. According to police, the driver finally slammed into a parked car and then finally came to a stop. See ABC 6 Action News - Three Children Hit by Car in Upper Darby Pennsylvania School Zone.

Of course, the driver will have the right to defend herself on any charges or citations issued. In many instances, not all of the details are readily available at the time that a news story is published, posted or reported. From the facts reported, it does appear that the driver failed to maintain control of her vehicle and failed to drive at a safe speed in a school zone.

It is important for all drivers to slow down in school zones. School zones are especially busy in the morning and afternoon hours. On some days, there are early dismissals. As such, the dismissal time may vary according to both the school, age of the children, and day of the week.

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

In Riverside, California, a party was planned at a home. In preparation for the party and guests to arrive, the owner of the home decided to move his truck. Tragically, as the man was moving his truck - he ran over his 17 month old son. Driveway accidents have been reported throughout the United States. It is clear the driveways are very dangerous areas for small children who have poor safety awareness. The death of this child is certainly a tragedy for the father, family, neighbors, the community. From deaths like these, it is important to emphasize to parents and all drivers that small children should be kept out of the driveway area or in the alternative be held or otherwise very closely supervised so that incidents like these do not happen in the future. You can read more about this story at Riverside, California Child Dies After Father Moves Truck for Party.

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

Three young children were hit by a car in California recently, when a truck stopped to let them cross the road and the impatient driver behind him tried to go around rather than stopping. The children were not seriously injured, but parents are upset because there are traffic signals installed at the intersection – and they have been disconnected for about two years. The parents believe that traffic signals would have prevented the accident. The intersection is near both an elementary and a middle school and is used heavily before and after school. According to police records, of the ten people hit by cars in the city this year, five were children.

According to the Contra Costa City engineer, Jason Vogan, the lights were covered because they could not be timed correctly to prevent a possible traffic backup over a nearby railroad crossing. The city has been trying to deal with the railroad to get the proper permission to re-start the lights. In the meantime, busy school intersections are monitored by a few police officers and school personnel. Both school officials and police believe that many accidents are caused by impatient parents picking up their kids.

All drivers and especially parents should use extreme caution when driving near a school. Many automobile accidents / pedestrian injuries can be avoided by drivers being more patient and aware when children are present. Find out more about keeping kids safe on the way to and from school at Signs left unused leave pedestrians out to dry.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Areas near schools and school bus areas can become quite congested during morning and afternoon hours. When there is a high concentration of children, there are dangers in high traffic areas. In Portland, Maine, parents of high school students are quite concerned about the safety of their children. Parents as well as high school principal (Michael Johnson) are urging city officials to mark off areas as a school zone so that drivers are mandated by law to slow down in the area near the high school. City officials, according to a story posted at The Forecaster Newspaper website, claim that the street in question (Cumberland Avenue) is a state road and as such there are limitations or restrictions of action by city officials.

Hopefully, some remedial changes will take place in the near future which may include a school zone, flashing lights, signage, crosswalks, and crossing signals.

With or without a designated school zone in place, all drivers in Maine and other States should slow down any time there is a congregation of children in the area.

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

In Trempealeau County, Wisconsin near Galesville, a 7 year old (Tristan Decker) recently sustained serious personal injuries after he was hit by a pick up truck. The incident happened as Tristan was playing off the side of the road in sand. It was reported that Tristan may have been partially in the roadway. When investigating incidents of this nature, it is important to know the following:

*What time of day did the incident take place?

*What was the speed limit in the area?

*What was the visibility in the area for driving?

*Do children commonly play in the area where Tristan was playing?

*Were there any witnesses to the incident?

*How close was Tristan to his home where he was playing?

*Was the incident avoidable?

The sheriff's office reported that Trisan suffered a head injury and may have also fractured a leg. Tristan was transported to Gundersen Lutheran hospital for medical care. You can read more about this incident at Wisconsin 7 Year Old Suffers Serious Personal Injuries After Being Hit by a Pick Up Truck.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other states, teens and others have an affinity for their i Pods, i Phones, and other devices. While these devices are fun and can be great toys and tools, they are also dangerous devices in the hands of a driver. In Drexel Hill, Pennsylvania, a 20 year old driver (Rachel Jankins) was driving a car and took her eyes off the road in search of an i Pod. As a result of this distraction and inattention, she ran over two friends who were leaving the Delaware County Memorial Hospital (DELCO Hospital). One friend (Nicole Gallo) died at the scene of the crash. The other (Christine Bochanski) was later treated at Crozer-Chester Medical Center.

This tragedy shows the dangers of i Pods, other MP 3 players, and mobile phones while driving. You can read more about this story at Distracted Driver in PA Plows into Two Friends Leaving Hospital.