Child Injury Lawyer Blog

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

In New York, a bizarre accident occurred involving three vehicles. A man was driving his car on a relatively narrow one way street. Another vehicle was backing out of a driveway on the right side of the road, when the operator of the car on the street noticed him. The driver swerved to the left to avoid being struck by the car backing out of the driveway. At the same time, on the left side of the street and man had just completed buckling his small child into the back seat of an SUV. His wife was seated in the front passenger seat. Unfortunately, one of the mans legs was outside of the SUV when the operator of the moving vehicle swerved to avoid the car backing out of the driveway. When the car swerved to the left, it struck the passenger side of the SUV, traumatically amputating the leg of the father, causing injury to the mother, but thankfully, the baby was unharmed.

You can read more about this accident at New York Accident Causes Man to Lose His Leg.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Dakota and other states, drivers get behind the steering wheel of cars and drive when they are under the influence of drugs and alcohol. Some are so inebriated or drugged out that they lack the necessary judgment and motor skills to safely operate a motor vehicle. In Bismarck, North Dakota, a driver (Nicoholas Krush) was arrested for DUI (Driving Under the Influence) when his pick up truck crashed into St. Alexius Hospital in Bismarck. At the time of the crash, the driver was not only impaired but he was also undressed. Yes, he was naked at the time of the crash. News reports state that the driver may have overdosed on prescription medications. Fortunately and quite miraculously, no one was injured in this accident.

Mr. Krush will need a good criminal defense attorney /lawyer to represent him on this matter.

You can read more about this story at Naked Driver Arrested for Crash into Hospital in Bismarck, North Dakota.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Drinking and driving or driving under the influence is a danger in every city and town throughout the United States. Alaska is no exception to the dangers. in Fairbanks, Alaska, a mom used a different approach to dealing with the dangers of driving under the influence. This mother used her 7 year old son to drive her car. According to Alaska State Troopers, the mother was passed out next to her son. Karen Koch was charged with reckless endangerment and permitting an unauthorized person to drive a motor vehicle. You can read more about this story at Alaska Mother Uses Her 7 Year Old Son to Drive Her Car - Mother Passed Out Drunk in Car.

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

In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsibility for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a "dangerous instrument" that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.

Tragically, over 4,500 teens ranging from the age of 16 to 19 died in automobile accidents in 2005. Many of these automobile accidents resulted from driver inexperience, poor judgment, driver distraction, and speeding.

You can read more about the dangers and problems of teen drivers in Alabama along with measures to decrease accident related injuries and deaths at Alabama Teen Drivers May Be Heading for Trouble.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In Redding, California, a woman thought it would be a good idea to text message and drive at the time time. In fact, the woman was electronically paying her bills online while driving. Due to her inattention and the distraction as a result of texting while driving, Deborah Matis-Engle crashed into a line of stopped vehicles. As a result of the automobile accident, one woman died and was the unfortunate wrongful death victim of this avoidable crash. The victim, Petra Winn, was 46 years old and died as a result of personal injuries suffered when her vehicle bursted into flames after impact.

Debroah Matis-Engle was criminally prosecuted for her crimes and was recently sentenced to 6 years in prison for the wrongful death of Petra Winn.

In California and other States, drivers should pay close attention to the road, other vehicles, pedestrians, bicyclists, trucks, and trains. Paying bills online while driving is certainly negligent and evinces the kind of conduct that is reckless. You can read more about this story at California Driver Gets 6 Years for Texting, Causing Fatal Crash.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents have a special responsibility and duty to raise their children and provide for their health, safety and welfare. Driving children around town on drugs is truly a dangerous situation. Furthermore, drug use and abuse distract from a parent's responsibility to supervise their children. Judgment is certainly impaired from drug use. In Oregon, William and Tracy Duncan were arrested on charges of possession of meth and for child endangerment after officers found children who ranged in age from 5 to 10 years old without seat belts in the vehicle. At the time of the arrest, both parents were under the influence of methamphetamine.

The children were taken into protective custody.

You can read more about this story at Oregon Parents on Meth Have 5 Unrestrained Children in the Car.

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.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Trial has been set for Larry Setzer of Horn Lake, Mississippi who has been charged with two counts of causing a death while driving a car under the influence (DUI) and causing an personal injuries and death. Car accidents by DUI can affect all of us, including our children. At the time of the car wreck Setzer was not drinking but was on a drug called Xanax. Anything that can impair motor skills and alertness including but not limited to illegal drugs, prescription drugs, alcohol, and sleep deprivation put innocent adults and children at risk on Mississippi highways and roads.

The two victims were Jacob Lannom (age 12) and Zachary Lannon (age 15). The boys' mother and a passenger were also hurt. Criminal defense attorneys are attempting to keep evidence of Xanax in Larry Setzer's blood out as evidence for the trial.

For a family to lose two children in one accident is truly tragic. This case and others shows the dangers of drug and alcohol when driving.

You can read more about this story at Lake Horn, Mississippi Man Arrested for DUI Causing Death.

By Stephanie Brown and David Wolf, Attorney Published by Child Injury Lawyer Network Although it has been in effect since July 1, 2004, many parents are still unaware or unsure of what the requirements are of Georgia’s child passenger safety law, O.C.G.A. §40-8-76.1. The law applies to adults and children. With regard to children, however, the law imposes more stringent requirements. Georgia children between the ages of 6 and 17 years old must be seat belted in all positions in the car, front seat or back seat. Georgia children under the age of 6 must be in a car seat or booster seat that is appropriate for their height and weight and used according to the manufacturer’s instructions. Moreover, children under the age of 6 must sit in the back seat of a motor vehicle. If a child under the age of 6 is over 4’9” in height, he or she may be seat belted in the back seat of the car without a booster seat. The purpose of these laws is to mandate the use of safety belts, car seats, and boosters for children. This will, in many accidents, help reduce personal injuries or help reduce the severity of personal injuries to children in the future. The Georgia Governor’s Office of Highway Safety offers child seat inspections at a number of locations. For more information on child seat inspection location, go to Georgia Governor's Office of Highway Safety Child Seat Inspections. For more information on the seat belt and child seat laws go to Official Website for the Georgia Highway Safety.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi, school bus drivers need to have background checks before they are hired to drive our children. Recently, a school bus driver in Jackson County, Mississippi, had two bus accidents in less than one month. The second wreck caused five children to be hospitalized when the bus ran off the road and overturned. Fortunately, the first wreck involving this same bus driver only caused property damage and no injuries.

According to Superintendent, Barry Amacker, Jackson County Schools are having difficulty filling all the available jobs for school bus drivers. All the students injured in this accident were Vancleave Middle School or Vancleave High School students.

The Jackson County Sheriff, Mike Byrd, indicated the Sheriff’s Office was trying to reconstruct the wreck to determine exactly what happened. The Sheriff indicated that speed might have been a factor in the wreck.

You can read more about the above stories at School Bus Accidents in Mississippi.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Richmond, Wisconsin reported that a school bus driver was arrested for intoxication. The school bus driver was transporting 43 children at the time of the incident. In Wisconsin, the legal limit of intoxication for commercial drivers is .04. Fortunately, no children were injured as a result of the bus driver's drinking. It is quite unsettling to read about such a story. The school district rightfully suspended the driver. It is difficult enough to drive a school bus. No school bus driver should ever get behind the wheel while under the influence of any amount of alcohol. It puts our children at undue risk for personal injuries and even death.

You can read more about this story at
>Wisconsin School Bus Driver DUI (Driving While Under the Influence).

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

In Nassau County, New York and other cities throughout the State, there are holiday festivals and celebrations. Grandparents, parents, and children celebrate the holidays together with food, song and dance. A good time is expected by all. Unfortunately, holiday gatherings are some times the site of unexpected tragedy, injuries to children and in the most tragic cases death. A 76 year old man lost control of his 2007 BMW X3 and crashed into a Channukah Wonderland party in commercial area of Woodmere, New York. A total of 14 people were injured including a child under the age of 2. The accident victims were taken to three local hospitals for evaluation and treatment. The BMW at issue was reported to be registered to Theodore Saretsky, a local psychiatrist. A local religious leader, Rabbi Heshy Blumstein of Young Israel of Hewett and his wife, Mimi, visited some of the injured at Winthrop hospital.
Channukah is celebrated as a holiday of miracles. Hopefully, the injured children and adults from this tragic automobile accident have a speedy recovery from their injuries. Once the initial shock of the injuries has passed, the parents and children will have to deal with additional issues of medical bills, therapy, and the pain and suffering of dealing with the injuries. You can read more about this accident at 14 Injured After BMW Crashes into a Channukah Celebration in New York.

By Thomas J. Duff and David Wolf, Attorney
Published by Child Injury Lawyer Network

KCCI Des Moines Iowa TV Station did an excellent study and program on distracted drivers. Distracted driving can result from common everyday activities that do not exactly combine well with the physical and mental requirements of operating a motor vehicle. While driving, many people eat, sing, talk, read, check e mail, text, and multi-task. Motor vehicles in many states are referred to as "dangerous instrumentalities" since a minor mistake or a second or two of inattention can lead to serious adult and child injuries and, in some instance, death.

Mobile phones are certainly great and valuable tools. Then again, mobile phones can also distract drivers who are deeply involved in a telephone conversation. Drivers should keep their eyes on the road. If you drop something or feel you need to search for something in your vehicle, wait until the next stop or hat leads the mind to wander away from the primary task at hand - safety operating a motor vehicle, car, truck, and motorcycle. You can see the news report / story by going to the KCCI Web Site at
Distracted Driving in Iowa.

Texting is a real problem these days. Some bus driver, train engineers / operators, and car drivers like their i phones, Black Berry devices, and other mobile devices so much that they text while driving. This act and others can be very dangerous especially for children who passengers or pedestrians who often times become innocent victims from the careless acts of distracted drivers.

The roads will be much safer when people make a conscientious effort to reduce the incidents of distracted driving. Pay attention for the sake of other adults and children on or near the roadways.