Child Injury Lawyer Blog
By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In New York, a son and family are mourning the loss of a father who died after being hit by a car driven by an angry man. Fox News reported that a 36 year old man got into a fight with his wife and then left the Chuck E. Cheese parking lot. This man erratically drove through the parking lot and streets of New York, hit several cars, and ran over the father who pushed his son away to save his life. The driver was later arrested. Anger and distraction can produce devastating results when driving. It is a tragedy for the family of the man mowed down by the angry driver. You can read about this story at Father Dies Trying to Save His Son From Angry New York Driver.
In Topeka, Kansas, a toddler recently died from severe head trauma / personal injuries when the child was hit by a vehicle in a driveway. Further investigation by the Topeka Police Department revealed that the child was run over by Raul A. Retana-Vasquez, age 25. Mr. Retana-Vasquez was later arrested for Involuntary Manslaughter and Driving under the Influence of Alcohol.
In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsible for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a “dangerous instrument” that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.
Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.
Distracted and negligent drivers cause accidents every day in various States. Many safety groups, parents, and child safety advocates would like to see laws banning the use of cell phone / mobile phones while driving. These proponents of changes in the law of many States believe that the banning of cell phone / mobile phones will lead to a decrease in distracted drivers as well as automobile accidents and trucking accidents with related personal injuries and wrongful deaths.
Parents and caregivers of children who receive compensation or monetary settlements for personal injury cases should pay attention to the issue of qualification for benefits. Typically, a special needs child receives federal and state benefits based on disability as well as income requirements. If a child receives the proceeds from a personal injury settlement, these funds in a standard bank account could disqualify the child from some of the government benefits in place prior to the injury. Government benefits of this nature include Medicaid and Social Security Income benefits.