By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Illinois and other States, day care centers have the duty to properly supervise and protect children while in the facility, while outside the facility, and while transporting the children to and from home, activities, and field trips. Pursuant to Illinois Administrative Code, Title 89 – Social Services – Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 – Section 407.280, the day care center has the following responsibilities as to transportation:
*Driver must have a valid driver’s license and be 21 years of age or older;
*Driver must have a medical examination by a physician showing fitness to drive;
*Driver must have a good driving record with no more than two moving traffic offenses within a twelve month period of time;
*Driver has a duty to see that each child enters and exits the vehicle from the curb side of the street and / or is safety conducted across the street.
*Driver should make sure that a responsible person as designated by the child’s parents or guardians take charge of the child when the child arrives or is delivered at his or her destination.
*Driver has a duty to maintain order on the day care transportation vehicle for the safety of the children.
*Driver shall inspect the vehicle after each trip to make sure that no child is left behind.
There are many other safety requirements set forth in the Illinois Administrative Code for day care centers and transportation. It is important for day care centers to follow these regulations and others to insure the safety of children while being transported. Unfortunately, many drivers are careless in their driving and / or supervision of children while being transported. These careless and negligent actions often times lead to child personal injuries that could have otherwise been avoided.
If an Illinois child is injured while being transported by a day care center, there are many issues that arise:
*How did the accident take place?
*Was the accident avoidable?
*What insurance applied?
*How are my child’s medical bills going to be paid for or covered?
*What is the legal liability or responsibility of the day care center?
*What is the legal liability or responsibility of other drivers?
For transportation related injuries or automobile accident related injuries, it is is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the accident / incident report, police report (if any), fire rescue records, medical records, medical bills, photographs, and other documentation / information regarding the incident / accident.