Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and Other States, day care centers have been the unfortunate locations of automobile accidents and trucking accidents. Because many day care centers are situated in commercial areas near busy streets and highways, there have been a number of reported automobile accidents in which a vehicle crashes into a day care center facility / building. In Billerica, Utah, it was reported that a mini van crashed into a Kindercare Day Care Center. There were no reported serious personal injuries to children but two infants were transported for medical evaluation at local hospitals following this Utah crash. The police investigating the accident reported that the driver stated that she meant to hit the brake when instead she hit the gas / accelerator.

When driving in or around schools or day care centers, drivers should exercise the utmost caution and be on the lookout for any children. You can read more about this story at Mini Van Crashes into Utah Kindercare Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Diane M. McKinley, of Renovo, Pennsylvania, was driving her Honda Civic down Route 2005 with Mildred L. Barnhard of Lock Haven Pennsylvania in the passenger seat and a five year old child in the back seat. When Ms. McKinley stopped at the intersection of Route 2005 and Route 2022 in Covington, Pennsylvania to make a left hand turn, the car was struck from behind by an International tanker truck. The truck was driven by Barry K. Smith.

The Civic became entangled with the tanker from the force of the collision, and was pushed forward one hundred feet into the intersection. Luckily, no other vehicles were involved in the crash. All four people involved in the accident were wearing their seat belts at the time. Even so, Ms. Barnhard was pronounced dead on arrival at Soldiers and Sailors Hospital. Ms. McKinley and the child were also injured; the severity of their injuries is not known. The child was taken to the hospital by helicopter. The driver of the truck was not injured in the accident.

The state police department is reconstructing the accident in order to better understand how it happened, and to learn how future accidents at the intersection can be avoided.

Read more about the tanker truck accident that injured a child and killed a passenger at Tanker truck, car crash kills Pa. woman.

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

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, caregivers, counselors, school employees, teachers, medical providers, and others should take steps to make sure that children are safely transported on roads and highways. Seat belts should be used. Child seats and booster seats should be utilized depending on the age and weight of the child. In some instances, special safety measures need to be used since the child has special health or medical needs. The National Center for the Safe Transportation of Children with Special Health Care Needs has information and resources on its web site. Parents and those driver and caregivers responsible for transporting children with special health care needs should review this web site and implement the recommended measures. By having the right safety equipment in place along with the correct use and application of this equipment - many serious personal injuries and deaths can be avoided.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Colorado Department of Public Health and Environment recent held a symposium in Denver. Statistics were reported at the symposium regarding child deaths from automobile accident. Statistics show that the number of deaths from automobile accidents of children (age 0 - 20) dropped by forty four percent between the years of 2003 and 2008. The event / symposium was held as part of a campaign of awareness and prevention by the Center for Disease Control and Prevention.

While these statistics show improvement, many children died and were injured in automobile accidents. A good number of these incidents resulted from the negligent driver of a person on Colorado roads. One death from negligence or distracted driving is one death too many. You can read more about the symposium at Colorado Statistics - Child and Teen Motor Vehicle Deaths Decline.

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

In New York and other States, it is common to see and read about automobile accidents and trucking accidents. It is not so common to see or read about accidents between a lawn mower and a bicycle. In Ontario County, Richmond - New York, a boy suffered minor personal injuries when he lost control of his bicycle and then was hit by a moving riding lawnmower. The blades from the mower were not in motion at the time of the crash. Linda Piacente, the lawnmower driver and operator, got off of the mower and lifted it off the boy who suffered minor abrasions to his back, shoulder and hand. Fortunately, tragedy and serious personal injuries were avoided in this incident. You can read about this story at Boy Avoids Serious Injuries in Crash with Lawn Mower in Richmond - Ontario County, New York.

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 Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Kepa Kahakauwila recently died from automobile accident injures. Kahakauwila was driving a truck that hit a guard rail and then landed in a gulch off of Hana Highway in Haiku, Hawaii according to police. Kahakauwila was taken to a nearby hospital but later died from the injuries. One passenger was treated at a hospital and then later released. The other passenger was flown by to Oahu, Hawaii for evaluation and treatment for the automobile accident related injuries.

It is sad that a young person's life ended so abruptly and that others were seriously injured as well. Newspaper articles did not detail the cause of the accident or results or reports from any police investigations. You can read more about this story at Maui Teen Dies from Automobile Accident Related Personal Injuries.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes' claim that he stopped prior to making the turn.

You can read more about this story at Lincoln California Man Sentences for Bicyclist Death.

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

Colorado lawmakers are considering changes to the State law regarding seat belts. In particular, Colorado law may be changed to include the failure to wear a seat belt as a primary offense. In other words, a driver could be pulled over by a police officer and issued a citation for failing to wear a seat belt. Current Colorado laws require that a driver commit another traffic offense before being cited for the failure to wear a seat belt.

Seat belts save lives and should become the habit of all drivers and passengers with or without tough seat belt laws for Colorado or for other States. You can read more about this issue at Lawmakers Make Another Try to Strengthen Colorado Seat Belt Laws.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Masuk of Monroe, CT school bus, carrying its high caliber football team was struck by a pick-up truck that failed to yield the right of way. The collision caused serious injuries to the pick-up’s driver, but the players had no immediate complaints of injuries during on-scene evaluations. It remains to be seen as to whether the players, students at Masuk High School in Monroe, CT will feel the effects of that bus versus truck accident in the days to come, as is often the case in motor vehicle accidents. Many times, hours, days, and even weeks after an accident, the first real signs of injuries can rear their ugly heads. That is why it is critically important to have any child who was in an auto or school bus accident fully evaluated by a doctor or hospital personnel, and to pay attention to their complaints in the days and weeks after. This is true even if the accident seems to have minor damage to the vehicles involved. Cars are designed to absorb these impacts, while the human body is not.

There has been much discussion over the last several years about the lack of seat-belts on school buses. Query whether the costs of re-fitting our buses is outweighed by the added safety to our children riding them. The driver, of course, is always required to wear a seat-belt. Why then, are children left unrestrained?

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

When a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.

When a proposed gross settlement is less than $15,000.00 after attorney’s fees and expenses of litigation are deducted, the natural guardian does not need to be appointed as legal conservator but does need to obtain Probate Court approval of the settlement.

In cases where the proposed gross settlement amount is more than $15,000.00, after attorney’s fees and expenses of litigation are deducted, the natural guardian must file a petition with the Probate Court to be appointed as legal conservator and must obtain approval of the settlement from the appropriate court. Determining the appropriate court for obtaining approval depends upon whether the claim is in suit or is being settled prior to filing a lawsuit. If there is no suit pending, the legal conservator must obtain Probate Court approval of the settlement. If there is a lawsuit pending, the legal conservator must obtain the approval of the trial court where the lawsuit was filed.

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.