Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado Springs and other cities, child pedestrians are at risk in parking lots and roadways. A driver can never know for sure when a child is in a parking lot or attempting to cross a street. As such, drivers should be on alert and drive with care at all times. Of course, school zones, parks, and playgrounds are common areas where one would see a child pedestrian. We all also know that children are in all other areas as well. Drive with due care.

In Colorado Springs, Colorado, two toddlers in separate incidents suffered serious personal injuries. One was hit by a car near a car wash when the child wandered away from his father. Another was hit by a car while attempting to cross the street. For more details about these incidents, see Two Colorado Kids Hit by a Vehicle in Separate Incidents in Colorado Springs.

Any time that a child is injured - it is traumatic for the child, the family, and the driver as well. It is especially unfortunate when a child is injured and the incident could have been avoided with better driving and attention. Of course, some accidents are completely unexpected and unavoidable. If you have a question about an automobile accident involving an injured child pedestrian, get legal advice from a Child Injury Lawyer so that you can better understand the legal process, insurance claims process, and the rights of the injured child pedestrian.

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

August brings us the first day of school for many elementary, middle, and high school students. The morning and afternoon traffic patterns change and there are millions of children out there as pedestrians and bicycle riders going to and from school. Unfortunately, there was an accident reported this morning in Tulsa, Oklahoma. A 10 year old child was transported to a hospital after an automobile / pedestrian accident. The child suffered some type of head injury as a result of the incident. This unfortunate incident is a reminder to all drivers to be alert in school zones, bus stops, cross walks, and all other areas where children are. See Student Hit By Vehicle in Tulsa Oklahoma.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States and other countries like Ireland, driveway accidents or back over accidents continue to be a problem and a serious danger to small children and toddlers. A doctor in Ireland is trying to raise awareness of this problem and has offered a solution of sorts through a campaign called "Spot a Tot". One suggestion is to walk around the vehicle and check for any children in the area prior to getting in the car to back up out of the driveway. Drive way or back over accidents happen because a child, due to the child's height and size, is hidden from the view of the driver as the driver is backing up. There have been a number of drive way or back over accidents leading to serious child personal injuries and even death. Take the time to "Spot a Tot". A few extra seconds of safety can save a child from serious injuries and can even safe a life. See Drive Way / Back Over Accidents - Danger to Children - "Spot a Tot" Program.

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

In Atlanta and other busy cities, driver should exercise caution especially when driving through or near crosswalks that children use. WSB Radio reported that a child was hit in a crosswalk by a driver who ran a red light and then kept on driving. Tragically, the driver kept on driving and dragged the 8 year old boy another 100 to 150 feet as the driver fled the scene of the pedestrian / automobile accident. The driver was reported to be Cynthia Parham who was arrested later on various traffic related charges. Ms. Parham will be entitled to defend herself against these traffic / criminal charged through an Atlanta criminal defense attorney or the services or the local public defender's office.

Crosswalks are in place for a purpose. They are in place for adults and children to use with the purpose of safe passage across the roadway. Traffic devices like red lights and stop signs should be obeyed. When drivers ignore traffic signals, traffic devices, and the presence of pedestrians especially children, serious and tragic personal injuries can result. You can read more about this story at 8 Year Old Child Hit and Driver Charged in Atlanta, Georgia.

In Kansas and other States, children continue to suffer personal injuries and even death in some instances as a result of drive way / parking lot / back over incidents. These most unfortunate automobile accidents / pedestrian accidents result when a driver fails to observe a child behind the vehicle. In some instances, the child darts behind the vehicle as the vehicle is moving. In many incidents, the injuries can be avoided with better supervision of the child and more careful driving. Before a driver attempts to back out of a parking lot or drive way, the driver should first check around his or her vehicle before getting into the vehicle. Thereafter, the driver should check again and then only back up very slowly. While not all accidents of this nature can be avoided, most can. Taking a few more seconds for the safety of children can make a big difference.

In Wichita, Kansas, it was reported that a 4 year old boy was the victim of a back over accident at an apartment complex. The incident took place at the Pelican Point Apartments in the evening hours. At the time of the incident, several children were in the area playing in the parking lot. The accident took place as a child was going after a ball. Emergency paramedics later arrived on the scene and too the boy to Via Christi Medical Center (Hospital) for evaluation. It was reported that the child was in critical condition upon arrival. Subsequently, the boy's condition was upgraded. You can read more about this story at Back Over Accident in Parking Lot at Wichita, Kansas Apartment Complex.

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

In Houston, Texas, police have charged a school teacher with a hit and run incident. The driver claims that she left the scene because there was a mob that had gathered and she feared for her safety. In leaving the scene of this pedestrian accident, there may have been evidence that left the scene with the automobile. When there is an automobile accident involving personal injuries, a person has a duty to remain at the scene of the automobile accident. There are similar laws in other States as well. It is certainly tragic that a young child (Destiny Garcia - age 8) died as a result of this incident. It is a loss that parents and family members will suffer for many years to come. You can read more about this story at Teacher Charged in Hit and Run Accident in Texas.

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

In Florala, Alabama, an 8 year old elementary school student was killed when she was hit by her own school bus. The child exited the bus and then walked in front of the bus. According to Florala Police Chief Sonny Bedsole, it appeared that the school bus driver did not observe that the child got off the bus because the child may have exited off at the wrong stop or the wrong time. See Alabama 8 Year Old Killed At Bus Stop.

School bus drivers in Alabama are required to have an Alabama Commercial Driver License. The Alabama Commercial Driver License Manual has a special section that covers School Bus Drivers and Proper Driving. As stated in this manual at Chapter 10, Section 10.2 - Loading and Unloading, more students die while getting off or on a bus each year as compared with those that are killed in the school bus. The manual points out that it is vital that school bus drivers what how to drive and respond to situations before, during and after loading or unloading students on a school bus.

Pursuant to the Alabama Commercial Driver License Manual, there is a specific section on Unloading Procedures on the Route located at Chapter 10, Section 10.2.3. This section states that school bus drivers shall have the students remain seated until told to exit. Then, the school bus driver should check all mirrors. The school bus driver is also required to count the number of students while unloading to confirm the location of all students before leaving the location. It would appear that this section may apply to the facts of this case. The school bus driver should have made sure that all students were seated before they got up to exit. If the 8 year old student got off at the wrong exit or at the wrong time, this may not be relevant if this section applies to the facts of this case.

It could be argued that the school bus driver should have been aware of the students who exited the bus as well as the students who remained on the bus. Pursuant to Chapter 10, Section 10.2.3, a school bus driver must account for students outside of the bus. If a school bus driver cannot account for a student outside of the bus, the school bus driver, per the manual, is instructed to check around and underneath the bus before proceeding further in the route.

A full investigation will be conducted by the Florala Police, the school district, and / or other entities to determine the details of this tragic death and what measures could have been taken to prevent this death and / or other incidents of a similar nature from occurring in the future.

More information and provisions applying to school bus drivers and safety can be reviewed at Alabama Commercial Driver License Manual.

If you have a specific question about a child injury in Alabama or other States, contact a Child Injury Lawyer for consultation, advice, and legal representation as to the rights of the injured child and the parents.

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

In Prince William County, Virginia, a pedestrian was hit and killed by a Charter Bus full of middle school students from Tallahassee, Florida. It was the tragic end to the young life of Jose Chavez who was only 18 years old. It was also quite frightening for the students to be on a bus and so close to a death scene. The accident was reported by the Prince William County Police Department. You can read more about this story at Pedestrian Hit by Charter Bus in Virginia.

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

The Butler County Sheriff's Office released the name of the 15 year old girl who was recently hit by a school bus. Her name is Sodany Phann. It was reported that this West Chester, Ohio accident involved a bus with the Petermann Bus Company. It was dark and raining when the accident took place. Since the accident involved a death, there will be a full investigation into the facts and circumstances of the accident. The untimely and tragic death of this 15 year old student is certainly a great loss for the family, community, neighbors, and the school. See Girl Hit by School Bus Identified.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In 2007, six year old Haven Brooke McCarthy was getting out of her Lincoln County, West Virginia school bus when she was hit and killed by a vehicle illegally passing her school bus. At the time, the driver’s offense was considered a misdemeanor. Since Haven’s death, her family has been working with lawmakers to toughen up the penalties for breaking school bus safety laws.

Thanks to their efforts, the West Virginia legislature has passed a tough new law that is aimed at avoiding or preventing child injuries when kids are on their way to and from school. Under the newly passed law, drivers in either direction who fail to stop when a school bus stops and flashes its warning lights may face felony charges and even prison time for the offense if someone is injured or killed due to their actions. A driver who causes an injury could face up to three years in prison; a driver who kills someone could be put in prison for up to ten years.

The law also increases fines for drivers who violate the school bus safety laws, and introduces the potential for a driver to lose his or her license - even if no one is injured. Drivers will have an extra incentive to use caution even when there is no police car in sight; the new law also allows counties to set up cameras on school buses to catch offenders on film.

Read more about the new school bus safety law in West Virginia at Child killed exiting bus spurs W.Va. lawmakers.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Memphis, Tennessee, it was reported by ABC 24 Eyewitness News that a 1 year old girl was hit by a school bus at her day care center -Premier Kids Enrichment Center which is located on North Watkins in Frayser.

The incident could have easily resulted in serious personal injuries. Fortunately, only minor injuries were reported. Certainly, it would be quite harrowing for a family member to be informed of an incident of this nature. It is also disturbing that the incident happened at all since a 1 year old should have very close supervision especially when in or near school or day care buses and vans.

Day care centers have a duty to provide a reasonably safe environment for children both inside and outside of the facility. This is especially true when transportation services are provided. If you have a child in day care, make sure you speak to the child care providers, bus drivers, and administrators about transportation safety and the policies and procedures for the facility. You can read more about this story at Memphis Tennessee Day Care Center - 1 Year Old Hit by Day Care Bus.

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

A seven year old girl and her mother were leaving the soccer fields at Bear Creek Park, Texas, late one recent evening. As they made their way back to their car, the child ran into the road and was struck by a passing SUV. According to the girl’s mother, the automobile appeared to be a silver Isuzu Trooper or Mitsubishi Montero.

After hitting the girl, the driver of the SUV reportedly stopped a short way down the road, and a woman got out of the passenger’s side of the SUV and walked back to the girl and her mother to see if the child was injured. After seeing that the girl was clearly injured and lying in the road, she walked back to the SUV and got in. The vehicle then drove off without anyone offering their identity or any further assistance.

The girl was flown by medical helicopter to Children’s Memorial Hermann Hospital sometime later; her injuries are said to be critical. Police are looking for any information on the driver or passenger of the SUV. The female passenger is described as a slim Caucasian with a mole on her left cheek. She was wearing a black baseball cap.

Anyone with information about the accident is asked to call the Houston Police Department Hit and Run Unit at 713-247-4065.

You can read more about this hit and run accident that left a little girl critically injured at Child injured in hit and run at Bear Creek Park.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A little girl died in Kansas City, Kansas recently, after being hit by a school bus while waiting at the bus stop to be taken to her elementary school. The family has asked that the school district and the police department not release the child’s name until they have had some time to heal. They have also not released the name of the bus driver or any details of the accident. The refusal of the school district to release any information about the accident is causing frustration with parents of other school age children in the district.

According to Larry Bluthardt, director for school bus safety and education for the Kansas Department of Education, seventeen children across the US were killed last year while waiting for, boarding or departing a school bus. This fatal accident was the first child killed in a Kansas state school bus accident in over ten years.

While the Kansas state school bus accident record seems quite good, one child killed in an accident is one too many. All drivers, but especially school bus drivers, need to pay very careful attention to their driving. Children can be hard to see and can move quickly and unexpectedly into harm’s way.

Read more about this tragic school bus accident at Questions remain following child’s death in school bus accident in KCK.

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.