Child Injury Lawyer Blog

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 Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, a bizarre accident occurred involving three vehicles. A man was driving his car on a relatively narrow one way street. Another vehicle was backing out of a driveway on the right side of the road, when the operator of the car on the street noticed him. The driver swerved to the left to avoid being struck by the car backing out of the driveway. At the same time, on the left side of the street and man had just completed buckling his small child into the back seat of an SUV. His wife was seated in the front passenger seat. Unfortunately, one of the mans legs was outside of the SUV when the operator of the moving vehicle swerved to avoid the car backing out of the driveway. When the car swerved to the left, it struck the passenger side of the SUV, traumatically amputating the leg of the father, causing injury to the mother, but thankfully, the baby was unharmed.

You can read more about this accident at New York Accident Causes Man to Lose His Leg.

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

In Iowa and Other States, pedestrian injuries and deaths are unfortunate statistics and incidents. Some incidents result from driver inattention or distraction. Other incidents result from pedestrian inattention, negligence or distraction. In many accidents, fault can be attributed to both the driver and pedestrian.

In Mason City, Iowa, a child was struck and killed when he was hit by a vehicle driven by a teenage driver. Iowa State Patrol reported that a group of "kids" were crossing Iowa Highway 122 near South Georgia Avenue and South Jersey Avenue at the time of the incident. The driver was identified as Kyle Leedon, age 18, of Sheffield, Iowa. The victim was taken to Mercy Hospital located in Mason City, Iowan where the victim was pronounced dead. News reports did not release the name of the vicim or the family of the victim.

Iowa State Patrol will conduct a full investigation into the traffic death of the child to determine if charges will be filed or not against the teen driver. No matter the result of the investigation - it is certainly a tragedy when a young life abruptly ends from a traffic related incident.

You can read more about this story at Child Killed While Crossing Road in Mason City, Iowa.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic pedestrian / school bus accident took place in Warwick (Providence) Rhode Island recently. A 15 year old student was hit and killed by a school bus carrying students from Providence High School. News reports indicate that the student was wearing headphone at the time of the accident. She was hit while she was crossing the street. While the student may have been distracted, it is unknown from the information reported in the news who was at fault for the accident. Of course, it is not against the law for a pedestrian to wear headphones. There have been other accidents in which pedestrians have been distracted while wearing headphones. This goes the same for drivers as well.

A homicide traffic death investigation will be conducted as to the cause of this accident.

You can read more about this story at 15 Year Old Student Hit by Rhode Island School Bus.

By Stephanie F. Brown, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Savannah Georgia is a wonderful tourist destination. Unfortunately, at times, Savannah is also the site of automobile accidents involving pedestrians, personal injuries and wrongful death. Recently, a business development manager from Sweden was killed and a woman from Sweden was injured when a pick up truck hit them during a night walking tour in downtown historic Savannah. Nils Eric Svensson, age 61, of Skanor, Sweden and Anne Christine Bjarkby were visiting Savannah, Georgia as part of a Swedish delegation. Ms. Bjarkby suffered a fractured hip. You can read more about this story at Swedish Delegation Members Injured in Savannah Georgia When Hit by a Pick Up Truck.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Text messaging is in full force in Pennsylvania and throughout the United States. Unless you have been locked in your house and have not been around any teenagers or adults for that matter, you should know about text messages. It is a tool. It is a game / toy. It can also be dangerous. Like anything else in life, moderation is important unless, of course, you are attempting to break some kind of record and want notoriety. The maxim should still apply "as long as nobody gets hurt". Anyway, in Pennsylvania, two mean (Nick Andes, age 30, and Doug Klinger, age 30) spent the hours upon hours upon hours text messaging each other to try to break some kind of record. To Nick's dismay, he received a bill of $26,000 for his excessive text messaging acts. Nick did have unlimited texting under his plan so the bill is being investigated and should be resolved in Nick's favor. To me, Unlimited means Unlimited so Nick's carrier should not be charging him any more than the fixed charges.

The text messaging adventures of Nick and Doug are silly and, to some, a waste of time. Text messaging can be a helpful tool. It has also lead to serious personal injuries and wrongful death when the person text messaging is distracted. Driving, walking, biking, and other activities should take precedence over texting. People, especially children and teenagers, have literally walked into traffic and have been killed because they were busy text messaging, talking on the mobile phone, reading a text, or reading an e mail. Be safe. Be aware. As parents and caregivers, we should remind our children and others of the dangers of text messaging and distractions. You can read more about the text messaging adventures of Doug and Nick at Pennsylvania Men Attempting Text Messaging Record Get Big Bill.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Medical technology and advances are bringing forth more mobility to children and adults alike. An amazing video shows a 5 year old walking with artificial / prosthetic legs. Some children are born with birth defects while others suffer serious personal injuries as a result of automobile accidents, pedestrian accidents, bicycle accidents, day care injuries, and other types of incidents. Whatever the cause, medical advances cannot simply erase the injuries but can give a child mobility or a better life in order to help cope with the injuries. Watch this inspiring video to see how this 5 year old has been helped with artificial legs. See 5 Year Old Walks with Artificial Legs.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Queens, New York a bizarre incident occurred. A man called 911 to report that he thought that he struck a pedestrian. For some unknown reason, though, he did not stop. The pedestrian, was then hit by a second car. Instead of stopping at the scene, not realizing that he had hit the pedestrian, the second car continued on his trip, for 17 miles into Brooklyn! He was stopped by a pedestrian in Brooklyn who told him that there was something being dragged under his SUV. It turned out to be the pedestrian, who he had hit a county away. He was dead and unfortunately, partially dismembered.

You can read more about this tragic and deadly accident at Body Dragged for 17 Miles in Queens New York.

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

A government study reported that approximately 100 children died and 2000 were injured as a result of vehicle backover accidents in 2007. The study was released by the National Highway Traffic Safety Administration. The study was in response to a 2008 law that required the tracking of backover incidents, power window strangulations, and heat exposure injuries / deaths.

You can read more about this story and these statistics at Deaths and Injuries Resulting from Vehicle Backover Incidents.

It is important to gather data and statistics in order to determine the seriousness and frequency of these dangers to children. All drivers and parents should be aware of these statistics and safety measures to take to prevent one more child from being part of these troubling statistics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

What is a vehicle blind zone? What is a vehicle backover accident? Children in all States are at risk for injury or death from vehicle backover accidents. A vehicle blind zone is the area behind a vehicle that a person (the driver) cannot see from the driver's seat. The higher and larger the vehicle - the larger the blind zone.
A vehicle backover accident refers incidents where a person is run over by a vehicle in reverse.

Consumer Reports produced some informative videos on its web site at Blind Zones and Backover Accidents to illustrate the dangers of blind zones and vehicle backover accidents. Another organization (www.kidsandcars.org) has done a good job of educating and warning parents and others about the dangers of blind zones and backover accidents.

All drivers should make sure to survey the area behind their vehicles before getting in the car and before backing up. Children should be instructed and kept a safe distance from the vehicle. Drivers should back up slowly as well.

Drivers should take these basic safety precautions which can save a child's life and help avoid serious personal injuries to children.

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

In Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

The Georgia General Assembly passed a law designed to increase driving safety by teenaged drivers. All parents of Georgia teenage drivers need to be aware of “Joshua’s law,” which took effect on January 1, 2007. Joshua's law came about after a tragic accident that resulted in the personal injuries and wrongful death of Joshua Brown. Joshua’s parents, Alan and LuGina Brown, realized that the accident could have possibly been avoided if the boy had had proper training and known what to do in such a situation. Under Joshua’s law in the State of Georgia, all sixteen year olds applying for a driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving with a parent or guardian’s sworn verification that these driving requirements have been met. If a sixteen year old has not completed the approved driver education course, then he must wait until the age of seventeen to obtain a driver’s license. Even then, the seventeen year old driver must complete the 40 hours of supervised driving. Six of these 40 hours must be supervised night driving. For more information about these driving requirements, you can go to the Official Georgia Website at Educational Requirements for Teenage Drivers in Georgia.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

I found a very helpful and resourceful site called www.kidsandcars.org dedicated to child safety and the prevention of injuries and death from non-traffic motor vehicle related incidents. "Non-traffic motor vehicle related incidents" - What is this referring to? It refers to any incident in which a child is injured or dies involving a vehicle that is not in an automobile accident or crash. This would include but not limited to the following:

a child being left in the car and exposed to the cold (hypothermia) or heat (hyperthermia);

a child being injured by a power window the the child plays with or malfunctions;

a child being choked or strangulated by a seat belt or other object in the vehicle; and

drive way injuries and deaths including back over injuries and deaths.

I recommend that you take a look at www.kidsandcars.org and get informed of the dangers of vehicles to children and what can be done to help prevent these injuries. Whether you are a parent or not, this resourceful web site and the many tips in it can help protect children from serious injuries and death resulting from non-traffic motor vehicle related incidents.

By Steven Smith, Attorney David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nassau County, New York and other cities throughout the State, there are holiday festivals and celebrations. Grandparents, parents, and children celebrate the holidays together with food, song and dance. A good time is expected by all. Unfortunately, holiday gatherings are some times the site of unexpected tragedy, injuries to children and in the most tragic cases death. A 76 year old man lost control of his 2007 BMW X3 and crashed into a Channukah Wonderland party in commercial area of Woodmere, New York. A total of 14 people were injured including a child under the age of 2. The accident victims were taken to three local hospitals for evaluation and treatment. The BMW at issue was reported to be registered to Theodore Saretsky, a local psychiatrist. A local religious leader, Rabbi Heshy Blumstein of Young Israel of Hewett and his wife, Mimi, visited some of the injured at Winthrop hospital.
Channukah is celebrated as a holiday of miracles. Hopefully, the injured children and adults from this tragic automobile accident have a speedy recovery from their injuries. Once the initial shock of the injuries has passed, the parents and children will have to deal with additional issues of medical bills, therapy, and the pain and suffering of dealing with the injuries. You can read more about this accident at 14 Injured After BMW Crashes into a Channukah Celebration in New York.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Burlington County Highway in Burlington (South Jersey) New Jersey was the site of the tragic death of a 4 year old boy. Sam Wood, a writer with the Philadelphia Inquiry, reported that the boy was crossing the road with a teenage relative at the time that the 4 year old was hit by the pick up truck. The accident took place just after 5:00 p.m. This stretch of highway was recently designated as one of the most dangerous highways in the region by the non-profit advocacy group the Tri State Transportation Campaign. You can read about this story at Boy Fatally Struck While Crossing Route 130 in Burico, New Jersey.

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.

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

The Maine Child Death and Serious Injury Review Panel was established by Maine State Statutes to study the causes and incidents of serious injuries and child deaths in the State of Maine. The Panel reviewed 45 deaths deaths and serious injuries that took place between 1998 and 2003. The Panel is mandated by Maine Statutes. The Panel has a very small staff and has many cases to review. When there is a child death or serious injury in Maine, a personal injury attorney and law firm can also help investigate the cause and manner of death or serious personal injury. Many children in Maine and the New England area are the unfortunate victims of serious injury or death from automobile accidents, pedestrian accidents, bicycle accidents, bus accidents, drownings, head traumas, accident and intentional shootings, and abuse / neglect.

According to the study by the Maine Panel, the most common causes of death were caused by head trauma and asphyxia. The study concluded that both professionals and residents in Maine alike missed signs and symptoms of child abuse and neglect. The study also noted that some psychological testing of parenting skills and abilities were of poor quality. Maine families were noted to be aware of the issues and dangers of gun ownership, but the panel still stressed the importance of gun safety. The 66 page study on deaths and injuries to Maine children can be accessed online at Report of Maine Child Death and Serious Injury Review Panel. You can read more about the mission, purpose, goals and staff of the Maine Child Death and Serious Injury Review Panel at State Spotlight - Maine - Child Death and Serious Injury Review Panels.