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What Are the Legal Rights of Children Injured in a Day Care Center Van Crash?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Kentucky and other States, parents rely on day care centers to provide a safe facility and diligent supervision of their children during the work day. Furthermore, a day care center should provide safe transportation which should include a trained driver and a well maintained day care center van or bus. Unfortunately, children are injured in Kentucky and other States when there is a day care center van or bus accident. When a child suffers injuries as a result of a day care center van or bus accident, there are often times many complex issues and challenges faced by the injured child and his parents. Because of this, it is often helpful to consult with a Child Injury Lawyer to get information and advice regarding the State laws, day care center rules and regulations, liability insurance, and other matters. A child will be entitled to compensation from one or more persons, businesses, and/ or insurance companies. Each claim or case must be evaluated based on its own facts, circumstances, and merits. Factors that may affect the legal rights or claims of the injured child include the following:

*Who was at fault for the accident?
The accident may have been caused by the careless driving of the day care center van driver, another driver, or the combination of fault of more than one of the drivers involved in the accident. While the police report and findings may be helpful to determine the issue of fault or liability, a civil case or claim involves its own burden of proof that still must be established regardless of the findings and information in the police report.

*Was the day care center van properly maintained?
If the accident resulted from a blown tire or other mechanical failure, the maintenance history of the vehicle should be investigated. If the brakes and / or tires were never replaced or timely maintained, the accident may still be the fault of the day care center for negligent maintenance. The day care center has a duty to properly maintain all vehicles used to transport children.

*What insurance was in place for the day care center van?
Regardless of fault, there may be benefits available to the injured child just because he or she was a passenger on the day care center bus. Insurance that may be available for the child will depend on a number of factors. The types of insurance available to an injured child may include: Personal Injury Protection, Medical Payment, Bodily Injury, and Uninsured Motorist. It is important to review the automobile insurance policy for the day care center in order to determine what benefits may be available for the injured child.

*What automobile insurance was in place for other drivers / vehicle owners at fault for the accident?
If another driver was at fault for the day care center accident, a child, by and through his or her parents, may seek a compensation from this automobile insurance policy under the bodily injury section of the policy.

In Louisville, Kentucky, a tragic day care center van accident took place. Further investigation by the State of Kentucky determined that the facility had a number of prior violations or citations on the day care center. It was reported that the State of Kentucky had previously suspended the license to allow one of the centers owned by Heavenly Angels Childcare to transport children. A fatal crash involving a van operated by Heavenly Angels Childcare may have been caused by a blown tire. The crash will be further investigated as to the number of occupants and other factors involved in this Kentucky day care center accident. For more information regarding this crash, see Investigation Continues Regarding Fatal Crash of Day Care Center Van – Heavely Angels Childcare.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury.