Child Injury Lawyer Blog

By Jonathan Reed, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

A semi tractor trailer smashed through crossing gates and into two double-decker cars of an Amtrak train (The California Zephyr) at a highway crossing in Nevada. When the accident occurred, The California Zephyr was 300 miles east from its destination in Emeryville, California.

National Transportation Safety Board member Earl Weener said that two truck drivers of a three-truck convoy saw the gates come down and the warning lights go off as the California Zephyr approached, but the lead driver in the front did not stop. The train’s engineer said that he saw the truck approaching the crossing and realized the crash was inevitable. He slammed on the emergency brakes, but the train was traveling about 78 mph and traveled a half mile before it could stop. The engineer watched the semi truck smash into the train through the rearview mirror. Investigators looked over the scene for any clues as to why the truck driver did not stop.

The Amtrak train- semi tractor trailer accident killed at least six people, including the truck driver and the conductor, Laurette Lee, 68, from South Lake Tahoe, California. Friends and family of Lee said that she came from a railroad family; her great grandfather and grandfather worked for railroad companies, her brother is an Amtrak dispatcher and her nephew is also an Amtrak conductor. For more information on this topic, see Drivers, engineer watched Nevada Amtrak crash unfold, killing 6

By Jonathan C. Reed, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Las Vegas is well known for gambling, bright lights, Wayne Newton, and show girls. It also has been listed as one of the most dangerous cities for pedestrians. According to a national study, Las Vegas is listed as the sixth most dangerous metropolitan area for pedestrians. Over 400 pedestrians have died between the time period of 2000 and 2009. The study was completed by Transportation for America which is an advocacy group based in Washington, D.C. Statistics are collected and analyzed but it should be pointed out that a pedestrian is at risk in almost every city and town in the United States. While drivers should yield to pedestrians and bicyclists, many motorists are in a hurry to the destination and / or are distracted by mobile phones, texting, eating, and other activities that can make it dangerous for pedestrians and bicyclists in or near the roadways. See Las Vegas, Nevada - 6th Most Dangerous Metro Area for Pedestrians.

By Jonathan C. Reed, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada, CBS News Now 8 covered the important topic of video surveillance in day care centers and other safety measures in place at Las Vegas day care centers. The report was in response to an arrest of a day care worker on abuse charges. While the abuse charges / allegations from incidents did not take place at a day care center or to day care center students, the fact that a day care worker was arrested for child abuse related charges is quite unsettling. What assurance does a parent have that a child is safe in a day care center? What precautions are taken to protect a child in a day care center? Are criminal background checks completed for all employees of the day care center? While criminal background checks are required by Nevada State law, a person, who does not have a criminal record, will be permitted to work at a day care centers. Thousands if not millions of child predators in the United States do not have a criminal record because they have never been caught.

When an incident takes place at a day care center, video surveillance can be key to determining the cause of the injury as well as the preventability of an injury. The video news report posted on the CBS News Now 8 website shows a day care center with multiple monitors that video various parts of the day care center. The representative of the day care center noted that a parent can access the videos and rewind the videos to see the day in progress including but not limited to any incidents that took place at the day care center. The video surveillance can help identify dangerous employees, aggressive children, and unsafe conditions at a day care center that cause personal injuries to the children at the day care center. See Parents React to Day Care Worker's Arrest.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada and other cities, urgent care centers have opened as an alterative to traditional emergency rooms. Urgent care centers may be a good alternative to a local emergency room depending in the injury or condition involved, the needs of the patient, and the experience / skills of the staff at the urgent care center. Children should not be viewed as little adults or smaller adults because the medical needs of children can be much different than the medical needs of adults. Because of this, some medical providers advise parents to have a child seen by a pediatric doctor (when possible and available) following a child injury or for evaluation of a child illness. In Las Vegas, Nevada, the Las Vegas Sun reported that a pediatric urgent care center is serving the need of children in the area in need of its services. See All-Night Pediatric Clinic Offers Parents Alternative to the Emergency Room.

It is helpful for parents to have resources and alternatives when getting care for a sick or injured child. In most cases, the services of a pediatric urgent care center will be adequate; however, if there is a head injury or concern about a significant injury that may require immediate surgical intervention - go to an emergency room. It may be helpful to call the local urgent care center or emergency room ahead for some guidance on the matter. The pediatrician should also be used as a resource for child injuries or illnesses. Some pediatricians have a strong preference for follow up at a certain facility or by a certain doctor. The focus should be on the best interest and welfare of the child over all other concerns including costs, convenience, and timing.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A young boy is in critical condition from gun injuries he suffered in his own home. The child, whose name and age have not been released to the press, was put to bed in his parents’ bedroom one night. During the night he apparently discovered his father’s loaded firearm in the night stand. The gun went off, piercing the child’s arm and his abdomen.

The child’s father is reported to be Jared Bledsoe, who joined the Las Vegas police department last year. The Abuse and Neglect Detail of the Las Vegas Metropolitan Police Department is investigating the incident. A report will be submitted to the Clark County district attorney, who is responsible for deciding if Bledsoe will be prosecuted or not. The police department Internal Affairs Division will review the case as well.

Nevada state law requires parents to securely store firearms. Like other Nevada parents involved in similar incidents, Bledsoe could be charged with felony child endangerment or felony child abuse and negligence. Read more details about the incident at Son of police officer critical after accidentally shooting himself.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada, a woman (Brandi Reeves) pleaded guilty to criminal charges of child abuse and neglect for her role in the death of a 2 year old son. The criminal investigation and criminal prosecution also involves the child's father who is facing murder charges regarding the death of the boy who died in 2007. Witnesses reported that the father beat the child with a hammer. This is a sad and tragic story as to how some parents discipline and abuse their children. Of course, the father will be entitled to defend himself regarding the charges. Whether the crime was committed by the father, girlfriend, or some other individual, a 2 year old child should be protected and cared for in a loving environment rather than beating senselessly by an adult who should certainly know better. You can read more about this story at Nevada Woman Pleads Guilty for Her Role in Death of Toddler.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada, police are investigating a day care center that was in operation from 2001 through 2009 called Holly Andrews' Day Care. This day care center was based in a home and was licensed to care for up to six children. A story published in the Las Vegas Review Journal reported that the owner's son (Matthew Joseph Andrews) was arrested and charged for sexual assault of a child. The arrest did not involve a victim from the day care center; however, since the arrest, two families have come forward with children with allegations that they were sexually assaulted for molested by Matthew Joseph Andrews when being cared for at this in home day care center.

These other incidents / allegations took place when Matthew Joseph Andrews was between the ages of 11 and 13. The police investigations will be challenging due to the passage of time and the probable lack of physical evidence to support the proof of such crimes.

This story shows some of the dangers of certain day care centers. Criminal background checks do help weed out dangerous or potentially dangerous day care workers / child care workers; however, if there is no criminal past or record, then day care workers / child care workers are often hired despite their propensities to harm children. In this case, it was a child on child crime which is very difficult to predict in many cases. Unfortunately, children were victimized in the very place (a day care center) where they were expected to receive quality care and supervision as to their health, safety and welfare.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A recent autopsy confirmed that a 6 year old boy (Apollo Fuller) died as a result of a drowning incident in Lake Lahontan, Nevada. The autopsy results showed no signs of foul play, crime or trauma that would indicate causes of death other than the drowning. Apollo was reported missing and then there was a search for him. The boy apparently had disappeared while using or playing on a water trampoline. News report did not detail what safety precautions were in place at the lake for small children like Apollo. There were also sparse details about the size, type, make, and set up of the water trampoline. It is quite a tragedy for the family of Apollo Fuller and his community. You can read more about this story at Autopsy of 6 Year Old Confirmed Death by Accidental Drowning.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

City officials in Reno, Nevada are recommending changes to the zoning laws to treat digital billboards as standard billboards. These zoning changes would in effect allow more digital billboards to be placed in Reno. Opponents to the zoning changes believe the billboards are a safety hazard. In addition, critics believe that these billboards affect the aesthetics of the City. The Association of State Highway and Transportation Officials concluded that the digital billboards present a road hazard.

I have seen digital billboards in Las Vegas and other sides. The color and graphics are great; however, I view these digital billboards as big distractions on the roadway. It is hard to impossible to ignore these digital billboards. Driver distraction is a major cause of accidents and related personal injuries.

You can read more about this story at Reno, Nevada Officials Recommend Zoning Changes as to Digital Billboards.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nevada lawmakers are aiming at criminalizing text messaging while deriving. Seven states have taken the initiative and have out lawed text messaging while driving. Some other states outlaw text messaging for younger drivers.

Text messaging can be very distracting when driving a car. Many other things can be distracting as well including listening to music, talking on a mobile phone, eating, having a conversation with a friend in the car, and many other things. Text messaging is unique in that it requires the typing of a message and the reading of messages in return. Text messaging can be a rapid fire type of act. Ask most teenagers these days who have made text messaging both an art, skill, social tool, and social weapon. I believe that outlawing text messaging while driving is a good safety measure that will ultimately safe the lives of drivers, passengers, pedestrians, children and many other innocent victims of such conduct.

You can read more about the topic at Nevada Lawmakers Aim to Prohibit Text Messaging While Driving.