Parents rely upon day care centers to provide for a safe and supporting educational environment during the work day. A day care center has a duty to provide reasonable and necessary care and supersion to the children. At times, a day care center can do everything right yet a child is injured at the day care center. It should be noted that a day care center is not an absolute insurer for the safety of the children under the care of or enrolled at the day care center. In other words, just because there is an injury or incident – this does not mean that the day care center is liable. One type of Incident which is commonly reported in the news throughout the nation involves a vehicle that crashes into a day care center. If a day care center is located off of a commercial street or even a residential street, a car accident (single or multiple) can result in the vehicle crashing into the day care center. It is difficult to plan for or prevent vehicles from crashing into a day care center. As stated, a day care center must act reasonably. It may be cost prohibitive to erect a wall or concrete barrier around an entire day care center. If multiple incidents of crashes have taken place, then these circumstances may put the burden or duty on the day care center to erect some barriers around the day care center or move children from the risky part of the day care center to another part of the day care center.
Certainly, a driver or owner of a vehicle may be liable for crashing into a day care center if it can be established the the driver was negligent or careless in the operation of the motor vehicle. Automobile insurance can provide compensation to children if the injuries resulted from an automobile accident even though the children were not occupying a motor vehicle. Furthermore, the injured children may also qualify for benefits or coverage under a parent’s automobile insurance policy even though the parent’s motor vehicle was not involved in the automobile accident.
It can be a bit complicated and confusing when a child is injured as a result of the negligence of another person, business, or government entity. As such, a parent of an injured child should seek out advice, guidance, and when appropriate legal representation from an experienced Child Injury Lawyer. It is important to know the laws and procedures as to insurance, compensation, and damages.
Attorney David Wolf is a personal injury and child injury attorney with over 27 years of experience. He is the author of 11 books that focus on personal injury issues including the book titled – When the Wheels Stop Spinning – Legal Rights of the Injured Child – What Parents Should Know After the Accident. You can get this book for free at When the Wheels Stop Spinning. The book has chapters on Medical Treatment – Personal Injuries, Insurance Issues, Automobile Accidents, School Bus – Day Care Transportation Injuries, Pedestrian Injuries, Bicycle Accidents, Wrongful Death, Settlement – Compensation – and Damages.