Child Injury Lawyer Blog

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Most school buses are readily definable. They are yellow with big bold letters - SCHOOL BUS. Despite the bright color and large lettering, many drivers still tend to ignore school buses when they stop and zip by them. In Cobb County, Georgia, the school district has installed cameras on school buses. If you zip by a school bus in Cobb County and violate traffic laws, you could get caught and could be fined. The fact that you could get a big fine is a deterrent. A bigger deterrent to drivers should be the fact that violating traffic laws near school buses puts children at risk in Cobb County, Georgia and other parts of the United States. Slow down and stop when required near school buses. Tragically, children die every year at school bus stops and crossings every year. Taking a few extra seconds or minutes to get to where you are going can help save a child from serious personal injuries and death. You can read more about the cameras installed on Cobb County, Georgia School Buses at Pass a Georgia School Bus? A Camera May Catch You.

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

Diane Russell of Vineland New Jersey recently drove her Kia through a red light and slammed into a school bus carrying two children. The bus was flipped on its side; both drivers, the two middle school children on the bus and the five year old passenger in Russell’s car were injured.

The bus driver, Helen Mathis, was briefly pinned in the bus. According to police, all the injured people were taken to the hospital and none of the injuries were considered serious. Luckily, the bus driver had just started her pick up route and only the two students were on board at the time of the accident. Her bus usually carries thirty five students.

Both students were wearing their safety belts when the bus turned over. After the accident, Ms. Mathis advised the students to escape through the back safety exit while she radioed for help. Ms. Russell has been cited for running a red light.

In the morning hours, drivers are usually hurriedly trying to rush to work, and are sometimes more careless or take more risks than at other times of the day. Unfortunately, the morning commute is also the time that school buses are out picking up kids for the day. Getting to work a few minutes early is not worth risking the life, health, safety, or well being of a child.

Read more about this school bus accident at Five hurt in V'land school bus crash.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

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

In New York and other states, infants and small children are at increased risk for injury when riding in an automobile. This is especially true for children who are not placed in a infant seat, child seat, or booster seat based on the age and / or size. New York law was recently changed to require children through the eighth birthday to have a booster seat. There is an exemption for children younger than 8 who are 4 Feet 9 Inches Tall and / or who weigh 100 pounds or more.

Seat belt and safety equipment laws help save lives and help prevent or lessen the extent of personal injuries suffered in an automobile accident. With or without a law in place, parents should exercise due diligence and care when transporting children. You can read more about the New York law and the reasons for these requirements at New York Increases Age Limit for Booster Seats.

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

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

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

In California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney - age 45), the mother (Susan Maloney - age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

This crash is truly tragic. The sudden and avoidable deaths of the Maloney Family will be such a loss for their other family members, neighbors, friends, and the community.

All drivers should obey the speed limit and obey traffic signals. Running a red light as you can see can be deadly not only for one person but an entire family. See California Family Killed in Red Light Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Longmont, Colorado, a crash sent a truck into the front of a Blockbuster Store. Police investigators reported that a Dodge truck crashed into a Subaru Outback. The force of this impact put the Subaru into a curb, then into the Cubby's Coffee Shop, and finally into the Blockbuster Store. Police reported that Steven Williams (age 37) from Longmont, Colorado sped through the intersection prior to the crash. There were 5 people injured as a result of this crash including: Bruce Kline, Kline's wife, Kline's 17 year old daughter, Maricuz Gutierrez, and Steven Williams.

Crashes of this nature can cause chain reactions that at times can be deadly. Fortunately, there were no reported injuries from Cubby's Coffee Shop or Blockbuster. Speed limits and traffic signals are in place for a reason - the safety of others. You can read more about this story at Vehicle Crashes into Blockbuster Store - 5 People Including Teen Suffer Personal Injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Carbon, Pennsylvania, a car crashed into a day care center that was full of children. Fortunately, the children escaped injury. It was reported that the driver was distracted by a puppy riding in the front seat. It is most fortunate that no children suffered personal injuries; however, this incident could have easily caused serious personal injuries and even the death of children. Driver distraction whether caused by a puppy in the car or a Blackberry, mobile phone, or iPhone is a real problem in Pennsylvania and other States. Drivers should do their best to limit distractions and pay attention to traffic and road conditions. You can read more about this story at Car Crashes into Port Carbon, Pennsylvania Day Care Center.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, there is a consistent problem with DUI incidents. Tragically, many DUI incidents cause serious personal injuries and even death of innocent people and children. In every DUI incident, there is a danger or risk to any children who is in the vehicle or near the vehicle as it is being driven. Parents especially should consider the best interests of the child when getting behind the wheel. The safety of the child should always take precedence over the convenience or selfishness of the parent especially when it comes to drinking and driving. In West Hennepin, Minnesota, a mother was arrested after a complaint was called in about her driving to the West Hennepin Public Safety Department for poor driving. When police attempted to stop or pull over the driver (Monica Say - age 29) - she refused and kept on driving another 4 to 5 miles. Along this dangerous drive, the chase and / or Ms. Say's driving almost caused other automobile accidents. It was later determined that Ms. Say's blood alcohol level (BAC) was .17 which amounted to in excess of two times the legal limit in Minnesota. Ms. Say was transporting two children during this dangerous drive who were 4 years old and 2 years old. The news report also stated that Ms. Say was in possession of marijuana and an open bottle of rum in a diaper bag. Ms. Say was arrested at the scene by the police. You can read more about this story at Mother Charged with DUI and Fleeing Police in Minnesota.

This story portrays an extremely bad example of parenting. Everyone knows that drinking and driving do not mix. It can also be said that drinking and good parenting do not mix at all.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A sixteen year old girl with no driver’s license and a borrowed car drove into a tree outside the Wagon Wheel Mobile Home Park in Alamosa, Colorado. She had three other teenagers and two small children, aged 20 months and 4 years, in the car with her at the time. The car had been borrowed from a relative of one of the passengers. The girl is expected to be charged with drunk driving (DUI), driving without a license and criminal negligence resulting in the injury of a child. The driver is claiming that a steering malfunction caused her to miss the turn she was trying to make into the park, and sent her into the tree instead.

Teen drinking and driving is unfortunately an all too common occurrence. Teenagers and adults alike often lack good judgment when drinking alcohol. Teenagers, however, are less likely to know their own limits and do stupid things while under the influence. There is no doubt that this young woman put her life and the lives of her passengers at risk by driving her car in such a condition. You can read more about this senseless accident at CHILDREN, TEEN INJURED IN ACCIDENT.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nancy Owens and Vanessa Ramirez were at a birthday party together, where both have admitted to drinking. Ms. Owens reportedly allowed Ms. Lopez to drive her three children home, even though she admitted to police that she was aware Ms. Lopez was "drunk."

Police pulled Ms. Lopez over after seeing “something” fall from her car while she was driving it. It turned out to be a child. The car was carrying ten people at the time, including seven children, none of whom were properly restrained. A witness from the party said that he saw two other children fall out of the car as Ms. Lopez was leaving the party. The three children who had fallen out of the car were all rushed to the hospital, one of them (Ms. Ramirez’ child) is still in critical condition.

Ms. Lopez admitted to officers that she had been drinking beer at the party, and there was an open bottle of beer in the car. She refused a sobriety test. She has been charged with seven counts of child endangerment, drunken driving, driving with a suspended license, driving without her headlights on and having an open container in a vehicle. Ramirez has also been charged with child endangerment for putting her kids in that car. All of the children have been removed from the care of their parents.

This case shows the dangers of alcohol, not just when driving, but when making important choices about the health and safety of children.

Find out more about this story at Police: Mother Left Kids With Drunk Driver.

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

In Alabama, a mother was arrested for having her teenage child ride in a cardboard box on top of a van. The driver, Jackie Denise Knott, informed Albertville, Alabama police that she had a good reason for placing her teen on top of the van. The reason was that the driver needed someone to hold down a box. Here is a better idea for this driver: leave the box and avoid putting a child at risk for personal injuries. Several drivers had called in this dangerous situation to police.

Parents do not always use good judgment in operating motor vehicles or supervising their children. Many children have been injured when riding unrestrained in the back of a pick up truck. While not many children are spotted riding on the top of a van, it is quite dangerous for the child. Fortunately, the teen was not seriously injured in Alabama. However, circumstances could have taken place that would have lead to serious personal injuries. A simple rear end accident or the wind or force from a passing semi tractor trailer could have turned this odd story into a tragedy. You can read more about this story at Alabama Mother Arrested for Having Teen Ride on Top of Van in a Cardboard Box.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted driving has been a problem since people began driving. Over the years, there have been more things to distract a driver's attention. Prior to the use of mobile phones, drivers were distracted by music, eating, talking, reading (yes reading) and other non-driving activities. With the availability and use of mobile phones and now smart phones like the Blackberry and iphone, drivers are now distracted by e mails, text messages, and internet browsing. The Gainesville (Florida) Sun Newspaper recently published an article ( States Send Mixed Messages on Texting While Driving Laws) that reviewed laws in various States regarding text messaging / mobile phone use and driving. Some States ban or restrict the use yet post traffic updates to mobile phones by text messaging / Twitter and other applications.

Whether there is a law in place or not, a person can be charged with negligence or even a crime while using a mobile phone when there is an accident. This is especially true in automobile accidents that lead to serious personal injuries or wrongful death.

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

The State of Ohio has joined the majority of States by enacting a child booster seat law. The law will go into effect in October 2009. The Ohio law requires that children between the ages of 4 through 7 with specified height and weight requirements be placed in a booster seat. The law requires all Ohio residents and all those visiting the State of Ohio to comply with this law. Due to the size and body characteristics of children this age, adult seat belts often times are not effective in preventing injuries. Furthermore, in many instances, an adult seat belt without the presence of a child booster seat can cause serious injuries to a child. You can read more about the Ohio law and comments regarding the same at State of Ohio to Require Car Booster Seats for Children.