Child Injury Lawyer Blog

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia and other States, a man has been charged with a crime involving a 2 year old boy. Michael Scott Linkous, age 20, of Coal City, North Carolina is accused of abusing the 2 year old in causing or allowing scolding hot water to injure the 2 year old. Investigators reported that the injuries were "submersion burns" which are burns caused by parts of the body submerged in scolding hot water. Linkous was the boyfriend of the 2 year old's mother. Parents should be very careful as to what adults are given access and responsibility for their children. You can read more about this story at Raleigh County, North Carolina Man Charged for Child Abuse.

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.