Published on:

What are the Legal Rights of Children Injured as a Result of a Car, Truck, or Motorcycle Crashing into the Day Care Center?

By David Wolf, Attorney
Published by the Child Injury Lawyer Blog
Accident Report - UrgentStrange as it sounds, children enrolled in day care centers throughout the nation are at risk for personal injuries from cars, trucks, or motorcycles crashing into a day care center.  That’s right, there are news reports for this type of incident happening in day care centers in most states.  Many day care centers are located off of busy streets.  For some, automobile accidents are a common event.  It may be just a matter of time for some day care centers before a vehicle crashes into the facility.  Does the day care center have a duty to put up crash barriers in high traffic areas?  That is an excellent question.   When dealing with a day care center or any business liability issue for that matter, it is important to review the applicable laws, rules and regulations.  Furthermore, the liability of a day care center or a business is judged or evaluated on what is reasonable and practical under the circumstances.   For may crashes into day care centers, the incident or event is quite surprising to the day care owners, children, and parents.  Certainly, if there was negligent driving in the form of excessive speed, distracted driving, or failing to to obey traffic regulations, a case or claim can be pursued against the operator / driver of the car, trucking, or motorcycle.   Insurance can be a big problem these matters. Hopefully the at-fault driver obtained decent insurance that will cover medical bills, pain and suffering, and the damages related to the crash into the day care center.
In Alexandria, Virginia, it was reported that a motorcyclists crashed through a day care center located at Saint Clement Church.  The local police reported that five children suffered personal injuries as a result of the crash into the day care center.  The article did not provide much in the way of details as to the cause or fault for the crash. See Motorcyclist Crashes into Virginia Day Care CenterAs stated above, there are many reports around the nation of similar crashes into day care centers.  
Cases involving personal injuries can be quite complicated. Because of this, it is important for a parent to consult with a personal injury attorney to determine the respective rights to compensation of the injured child.  Just because a child is injured while physically located at a day care center does not make the day care center responsible for every since event or injury that takes place at the day care center.  Let’s say a bolt of lightning hits the roof of the day care center and children were injured due to this weather condition / act of god.   Assuming that the building was up to building code, then there may be no legal case to pursue on behalf of the injured children. 
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Dog Bite Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.