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Why do Vehicles Crash into Day Care Centers? What are the Legal Rights of the Injured Children?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, children are at risk for being hit by a vehicle while being cared for in a day care center. That’s right. While one would think that the indoor or outdoor facilities of a day care center would be safe and free from traffic, there have been a number of reports over the past few years of drivers crashing into day care centers. In some instances, a driver is in the parking lot and loses control of the vehicle. In other instances, a driver veeres off a busy commercial street and into the day care center. It is certainly shocking for the parents of the children hit by a vehicle at a day care center. At one moment, the parent is dropping off a child. Hours later, a call is received that there was an accident and the child suffered personal injuries.

One such accident was recently reported in East Petersburg, Pennsylvania. A 77 year old driver accidentally drove into the side of We Day Care Center with a Ford Escape SUV. You can read more about this incident at Driver Crashes SUV into Pennsylvania Day Care Center. It was reported that the Ford Escape SUV went fully into the day care center building. Three children (ages 3 and 4 years old) were transported to a local hospital for evaluation and treatment.

When a child is injured as a result of the negligence or fault of a driver or another person, there may be a cause of action to pursue against the driver of the vehicle and / or the owner of the vehicle. Some accidents are unforeseeable and / or unpredictable. For instance, if the driver had an unexpected medical condition or event like a heart attack, it may be difficult to prevent these accidents especially if the driver had no prior incidents of the same. For other accidents, the crash can be avoided with better driving and by limiting distractions like the use of a mobile phone.

When an automobile accident or crash is caused by the negligence of the driver, a claim or case for personal injuries can be pursued by the parents of the injured child. The damages that may be pursued include medical bills, lost wages of the parent, tutoring expenses when applicable, future medical bills, pain, suffering, and the loss of enjoyment of life. In most cases, the Child Injury Lawyer will focus on the available automobile insurance. If the day care center was not at fault for the accident and otherwise took necessary and reasonable safety precautions, there may not be a viable claim against the day care center itself for the crash.

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

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