Child Injury Lawyer Blog

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Europe and the United States, train stations can be dangerous areas for children as well as adults. Care must be taken to keep a safe distance from the train tracks and the train platform to avoid serious personal injuries that can happen as a result of a fast moving train. It is well known that a train is much different than an automobile. In other words, trains take time and distance to stop and if a person falls from a platform - there is not enough time or distance to immediately shut down the train and stop it from moving any further. This tragic train incident happened in Littlehampton, West Sussex. The terrible death of Megan Moore - Age 16 - happened right in front of the eyes of several passengers who were unable to prevent this death. They could only watch in horror as a young teenager's life ended. The news report mention that the girl was wearing high heels. It is uncertain what role if any the heels made in causing or contributing to the fall to the train track platform. You can read more about this story at British Student Megan Moore - Age 16 - Falls to Her Death at Train Station.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Australia, an amazing video captured a near tragic incident involving a train and a baby in a baby stroller / carrier. Video footage from the station's security camera captured this incident. It is truly incredible that the baby only suffered minor injuries. The baby, who was only 6 months old, somehow avoided serious personal injuries. Any parent watching this video should take notice and make sure that children are safe and away from the dangers of moving trains, buses, and cars when children are in public. This incident resulted when the mother took her hand off the stroller for just a moment or so. It shows how incidents can take place in just a few seconds. You can read more about this incident and see the video footage at
Near Tragedy at Train Station in Australia.

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

It is clear that passenger vehicles are no match for passenger trains when it comes to a crash or collision. In Canton Township, Michigan, it is reported that up to five teen were killed in an accident involving a passenger train and a passenger automobile. News reports indicate that the driver of the passenger automobile may have ignored a railroad gate by driving around it prior to the crash. It is certainly a tragic accident and a great loss for the families of the teens who died as well as the families of the teens. Amtrak and its officials have taken the position that neither the company or the employees committed any errors or negligence as to this incident. You can read more about this story at Tragic Train Accident in Canton Township, Michigan Leads to Deaths of Teens.

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

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

By Ryan E.Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other states, operators of public transportation vehicles like buses and trolleys are using their cell phone and mobile phones on the job. What's wrong with this? Everything is wrong with this if the use of the cell phones / mobile phones distract the drivers and cause serious accidents involving personal injuries and, in some instances, death. Text messaging and e mailing from cell phones / mobile phones are especially dangerous acts. The driver / operator's eyes are on the cell phone / mobile phone screen rather on the road and traffic. This in turn, puts the people in danger including the trolley passengers, pedestrians, other motorists, and bicyclists.

In Boston, Massachusetts, the head of the transit authority recently stated that he may ban all train and bus operators from carrying cell phone / mobile phones. This statement was made following an accident involving a trolley operator who was texting his girlfriend just prior to an underground trolley accident.

In the recent underground trolley accident, over 40 passengers were injured when one trolley crashed into another trolley at 7:20 p.m. The trolley operator admitted to police that he was text messaging his girlfriend at the time of the crash. Officials stated that the trolley operator would be fired if he was indeed texting at the time of the crash. Criminal charges will be considered the by the police and district attorney's office.

You can read more about this story at Boston Authorities Considering Ban on Cell Phones / Mobile Phones While Operating Trolleys, Trains, and Buses.

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

Montravious Jones was recently killed by a train in Bainbridge, Georgia. The incident took place near Hutto-McIver Apartments. News reports state that the conductor blew his horn but Montravious did not respond because Montravious was deaf. Montravious was airlifted to a hospital in Tallahassee, Florida but medical care was unable to save the boy's life. This incident involving a freight train will be investigated by the Federal Railroad Administration. The FRA is responsible for the enforcement of safety rail regulations and the development of policies to improve national rail safety.

The FRA will conduct an investigation to determine various issues / facts including but not limited to:
What was the speed of the train?
What was the destination of the train?
What was the visibility at the time of the incident?
What safety precautions were taken by the conductor?
Could the train have slowed or stopped to prevent the incident?
What was the maintenance history for the freight train?
Was the freight train properly loaded and maintained for its route?

News reports of deaths involving trains often leave out important details and facts. The family also can conduct its own independent investigation into the incident through the services of an investigation, accident reconstruction expert, and a Georgia personal injury lawyer.

The death of Montravious Jones is quite tragic. To die at such a young age (17) is such a loss for the family and the community.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You Tube can help publicize and broadcast everything around us from silly to quite serious matters. I found several You Tube videos that document malfunctioning railroad gates throughout the nation. The above clip is from a railroad crossing in Michigan during winter time. Malfunctioning deaths can be an inconvenience to some and serious personal injury or even death to others including child and adult pedestrians, bicyclists and occupants of motor vehicles. If you see a railroad crossing that is malfunctioning, report it and video it if you can. The Federal Railroad Administration is the federal agency charged with the oversight of the nation's rail systems and has specific regulations for the maintenance, inspection, and reporting of malfunctioning railroad crossing gates. You can read more about the Federal Railroad Administration (FRA) at the Official Website for the Federal Railroad Administration.

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

The Federal Railroad Administration (FRA) was created by federal law (49 United States Code 103, Section 3) in 1966. The purposes of the Federal Railroad Administration include the enforcement of safety rail regulations and the development of policies to improve national rail safety. Children are often times the unfortunate victims of railroad accidents and incidents through the United States. A child who is seriously injured or dies in a railroad accident often time does not have a strong voice to lay out the facts or evidence as to the cause or reason for the accident / incident. Child injury lawyers who handle railroad cases have the knowledge and experience to collect the evidence from the Federal Railroad Administration and other sources to determine the "real" reason for a railroad tragedy or accident. Like any other business, railroad companies do not always step right up and admit a malfunction, negligent maintenance, or employee error when a child or adult for that matter is seriously injured as a result of a railroad accident. The Federal Railroad Administration (FRA) is an important government entity that helps collect evidence and data when there is a railroad accident / incident. Furthermore, the reporting requirements and other rules set forth by the Federal Railroad Administration (FRA) help to keep railroads in line to help limit or deter future tragedies from occurring. You can read more about the Federal Railroad Administration (FRA) at the Official Web Site for the Federal Railroad Administration.

States throughout the nation including Oklahoma, California, Texas, and Illinois are often the sites of serious personal injuries and wrongful death to children who were crossing railroad tracks or using areas near railroad tracks like bridges. Parents of child victims of railroad accidents frequently have more questions than answers when there is a tragedy. The Federal Railroad Administration can provide some of the answers. In addition, a Railroad personal injury litigation lawyer can also help provide some answers through further investigation of the incident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Lee Phillips, a 16 year old, died recently when he was hit by a train in Cramerton, North Carolina. The conductor of the train saw Joshua and blew the warning horn. Unfortunately, Joshua did not hear the warning horn as he was listening to his MP 3 player. It appears that Joshua was listening to his MP 3 player too loudly at the time of the tragedy. Joshua was walking home from South Point High School in Cramerton, North Carolina when the incident took place.

This incident is certainly a tragedy that should be using an important life lesson for parents and children alike. The same thing could have happened in a neighborhood or near a convenience store or grocery store. Children and adults alike need to pay attention to where they are walking especially when there are vehicles, trains, boats, or whatever else around. Part of paying attention is being able to hear and react to any warning signs whether it is a horn, someone shouting, screeching tires, or anything else. Of course, drivers need to pay close attention and slow their vehicles anytime there are children around. Far too many child injuries and wrongful deaths result from careless driving, speeding, and inattention.

The Joshua Lee Phillips incident was reported by the Associated Press at North Carolina High School Student Hit by Train.

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

The State of Oklahoma recorded 832 train related personal injuries during the years from 2000 to 20007. Tulsa County, Oklahoma led all Oklahoma counties with 14 personal injuries per year. Most injuries (including those to children) are minor which include bruises and sprains. However, some injuries were devastating and even resulted in deaths of adults and children. Some injuries involved crushing type of injuries and there were 17 reported amputation type of injuries. Almost 150 railroad related deaths occurred in Oklahoma alone during this time period.

Over 60 percent of Oklahoma's train-vehicle accidents took place at crossings where there no gates or flashing lights. Safety experts argue that fatalities and injuries can be significantly reduced with better markings, lighting and technology. Of course, the railroad industry argues that the cause of many injuries and death were attributed to negligence and carelessness of the automobile drivers. You can read more about Railroad / Train Related Deaths and Injuries at Tulsa County Oklahoma - Leader in Train Derailments in Injuries.

Federal, state and local Oklahoma officials typically investigate most incidents of serious injury and death. In many cases it is helpful to have the advice and guidance of an experienced Oklahoma personal injury attorney who work with private investigators, engineers, and safety experts. A train / railroad related serious injury or death can be quite devastating to the victims and their families. It is unfortunate when these type of injuries and deaths take place when safety measures, due care, and attention could have avoided the incident.