Child Injury Lawyer Blog
By Will Brown, Attorney and David Alan Wolf, Attorney
Published by Child Injury Lawyer Network
In Ohio and other States, children are, at times, injured as passengers in motor vehicles. In most accidents, the child is injured as a properly seated and restrained passenger in the vehicle. While in other accidents involving injuries, a child suffers personal injuries due to the lack of a seat belt and / or riding in or neat the vehicle as a stunt of sorts. For instance, some children have been injured while riding on the hood or trunk of vehicles. Others have been injured when towed by a vehicle while riding a skateboard, scooter, bicycle, or other wheeled device. Whether a child is injured by run of the mill automobile accident or one involving unsafe riding or stunts, a case or claim can be pursued by the parents of the injured child for the damages sustained as a result of the automobile accident, bicycle accident, and / or pedestrian accident.
In California and other States, children are the unfortunate injury victims of automobile accidents, bicycle accidents, and pedestrian accidents. Drivers should exercise due caution anytime children are present or nearby. Areas where drivers should slow down and be on the lookout for child pedestrians include but are not limited to: schools, day care centers, churches, synagogues, community centers, parks, playgrounds, and other areas. Parking lots can also be dangerous areas for children including parking lots at these locations as well as apartments, condominiums, grocery stores, shopping centers, malls, and other areas. Drivers should look in all directions and be mindful that children are often hidden from view due to their height. At times, it may be helpful for a police officer, volunteer or other person to direct traffic on days in which attendance is full like on Church Sundays, game day Saturdays, and other events. Many accidents and incidents can be prevented with due diligence, slow speed, driver attention, limitations of driver distractions, and other acts that promote safety driving.
When a child rides a bike to or from school, at home, at a day care center, or elsewhere, a child should always wear a bicycle helmet. An accident can happen close to the home or far away. It can happen in the driveway, a sidewalk, or roadway. Because an accident or injury could take place at any time and at any location, the child should always wear a bicycle helmet. While a bicycle helmet will not prevent all head related injuries or other injuries, a bicycle accident does prevent a good many injuries or helps reduce the severity of injuries especially related to head injuries and traumatic brain injuries. The parent, teacher, child care provider, and others should also require that the child wear a helmet. While some children will resist, do not give the child an option on whether he or she wears a helmet. Either the child wears a helmet or the child should not ride the bicycle.
During the school year and even summer months children walk to school and day care centers during the week. Some older children walk on their own while younger children walk or ride a bike with the supervision of a parent or other relative. On most days, the walk or ride to school or day care center is uneventful; however on some days, the walk to school or the day care center involves a terrible event in the form of an automobile accident, pedestrian accident, or bicycle accident. One would think that a child is safe walking to school if the child uses the designated sidewalks, crosses on crosswalks only, and otherwise acts in a safe and reasonable manner. Unfortunately, even when a child looks both ways and is as careful as he or she can be – there can still be a tragic accident that talks place during the short or long journey to school or a day care center. Some tragedies and accidents even involve vehicles that veer off the road and onto a sidewalk. While not all accidents or incidents are avoidable or preventable on the part of a child or the parent, it is most unfortunate and even tragic when a child is injured while merely walking on a designated sidewalk.
In Georgia and other States, children are the unfortunate victims of automobile accidents, trucking accidents, and bus accidents. When a child dies, it has a ripple effect throughout the family, school, Church and related institutions, and the community. When a child dies as a passenger in a vehicle, the fault of the accident (if any) typically falls on one or more drivers. There are a myriad of issues for parents to deal with following an accident. Since it is an emotional nightmare for a parent to deal with these issues, it is vital that the parents of the deceased child get the emotional and financial support during these troubling times. It is interesting but tragic to note that there is no term in the English language to designate a parent who loses a child due to a tragedy. This is especially true when the child is a minor and has yet to live her or her full life or potential. When a man loses his wife, he is a widower. A woman who loses a husband is referred to a widow. A child who loses both parents can be called an orphan. Despite the existence of these terms and many other words in the English language, there is no such term for a parent who loses a child. It is somewhat unnatural and indescribable for those who have endured or suffered though such a loss or tragedy.
In Texas and other States, schools, day care centers, and / or bus companies transport children to and from programs and activities. Whether it is the regular morning pick up or a field trip, it is vital that the drivers, attendants, and all others involved with transportation follow safety regulations, school / day care policies and procedures, and just some basic common sense as well. Transporation laws, regulations, and policies all serve an important purpose of providing for the safety and well being of children being transported by day care centers, schools, and bus companies. Occupancy limits should be followed and seat belts should be worn when available on the school bus van or bus.
In Alaska and other States, children are, at times, the unfortunate victims of bicycle accidents. Some children suffer only minor injuries while others suffer significant injuries. Some children even lose their lives as a result of a bicycle accident. It is important that every child form the habit of always wearing a bicycle helmet when riding a bicycle. Whether the child is merely riding around in the driveway or going on a longer bicycle ride, a helmet should always be worn. A child can be injured in a driveway as easy as a parking lot, roadway, sidewalk, or park. The use of a helmet is vital for a child’s safety. When there is a bicycle accident that leads to injury, one of the first questions asked by the police, medical providers, and attorneys is the following question: